Revised Ordinances of 1893John Thompson,
Jesse P. Farley,
Jesse P. Farley,
Charles Miller,
OFFICERS OF THE CITY GOVERNMENT,
ilAYOR AND ALDERMEN.
1841.
CALEB H. BOOTH, Mayor.
ALDERMEN.
E. Langworthy,
W. W. Coriell,
H. Simplot,
Timothy Fanning.
1842.
SAMUEL D. DIXON, Mayor.
ALDERMEN.
James Fanning,
Joseph Ogilby,
Joseph T. Pales,
A. Cline.
1843.
JAMES FANNING, Mayor,
ALDERMEN.
Timothy Fanning, P. C. Morhiser, F. K O'Perrall,
David Slater, John H. Thedinga, Joseph Ogilby.
John Blake,
Elisha Dwelle,
Elisha Dwelle,
Robert Rogers,
►844•
F. K. O' FERRALL,
ALDERMEN.
John G. Shields,
Robert Rogers,
Mayor.
Timothy Fanning,
John H. Thedinga.
1845.
F. K. O' FERRALL, Mayor.
ALDERMEN.
Timothy Fanning, John Blake,
John H. Thedinga, John G. Shields.
VI OFFICERS OF THE CITY GOVERNMENT.
1846.
F. K. O'FERRALL, Mayor.
ALDERMEN.
Hugh Treanor, Wm H. Robbirs,
Michael McNamara,M. Mobley,
Amos Matthews,
Lewis L. Wood.
1847.
P. A. LORIMIER, Mayor.
ALDERMEN.
Michael McNamara,Wm. H. Robbins, Amos Matthews,
Morgan Curran, W. J. Gilliam, Lewis L. Wood.
Hugh Treanor,
Patrick Finn,
1848.
GEORGE L. NIGHTINGALE, Mayor.
ALDERMEN.
Wm. H. Robbins, John Gunn,
H. S. Hetherington,Lewis L. Wood.
1849.
WARNER LEWIS, Mayor.
ALDERMEN.
W. D. Waples, J. J. E. Norman, Thomas Hardie,
Philip Powers. f F. V. Goodrich, John Gunn.
John G. Shields,
L. D. Randall,
David Becker,
185o.
. H. EMERSON, Mayor.
ALDERMEN.
John D. Bush,
Robert Rogers,
Ed. Langworthy,
H. V. Gildea.
1851.
P. A. LORIMIER. Mayor.
ALDERMEN.
Joseph Ogilby, John D. Bush,
Caleb H. Booth, Jesse P. Parley, Lewis 1', Wood.
L. Molony,
M. McNamara,
J. J. E. Norman,
Morgan Curran,
G..L. Nightingale,
Patrick Quigley,
M. McNamara,
Morgan Curran,
George Connell,
IFFICERS OF ThE CITY GOVERNMENT.
1852.
JESSE P. PARLEY, Mayor.
ALDERMEN.
M. McNamara, James Burt,
Wm. D. Waples, Henry L. Stout, George McHenry.
VII
Christopher Pelan,
1853.
JESSE P. FARLEY,Mayor.
ALDERMEN.
James Burt, Edward O'Hare, . Anton Heeb,
ThomasMcCraney, M. Mobley, George Wilde,
Ben. M. Samuels, Henry L. Stout, l E Langworthy.
M. McNamara, John D. Bush, f
1854.
JESSE P. PARLEY, Mayor.
ALDERMEN.
John D. Bush,
James A. Reed,
E. Langworthy,
Patrick Quigley,
George Connell,
l Christopher Pelan, John King,
f M. McNamara, Fred. Weigel,
Thos. McCraney, Edward O'Hare,
Anton Heeb, Fred. E. Bissell.
Matthias Ham,
1855.
JOHN G. SHIELDS, Mayor.
ALDERMEN.
Fred Weigel, l Edward Spottswood,
G. L. Nightingale f John King,
Ben. M. Samuels, Matthias Ham.
Christopher Pelan,
i
1
J
1856.
DAVID S. WILSON, Mayor.
ALDERMEN.
Ben. M. Samuels, Robert Mitton,
N. Nadeau, Matthias Ham,
Warner Lewis, G. C. Kreichbautn.
Edward Spottswood,
V II1
OFFICERS OF THE CITY GOVERNMENT.
1887.
*DAVID S. WILSON,
tGEO. L. NIGHTINGALE,
ALDERMEN.
M. McNamara, Samuel Virden,
J. J. E Norman, Warner Lewis,
tG. L. Nightingale,N. Nadeau,
James Woolnough, Robert Mitton,
Mayor.
Geo. Ord Karrick,
G. C. Kreichbaum 1
Anton Heeb,
Ada._ Jaeger.
1858.
HENRY S. HETHERINGTON, Mayor.
ADDERMEN.
M. McNamara,
Hugh Treanor,
Samuel Virden,
John B. Lane,
George McHenry, N. Nadeau,
Franklin Hinds, J Robert Mitton,
Geo. Ord Karrick, t Adam Jaeger,
B. B. Richards, J Mathias Ham.
1859.
JOHN HODGDON, Mayor.
ALDERMEN.
Hugh Treanor,
Patrick Quigley,
John B. Lane,
A. Kaufmann,
John Mehlhop, Geo. L. Matthews,
Joseph A. Chapline, Mathias Ham,
Robert Mitton, John King.
186o.
HENRY L. STOUT, Mayor.
ALDERMEN.
Patrick Quigley,
Hugh Treanor,
A. Kaufmann.
Geo. Connell,
Geo. D. Wood,
Geo. L. Matthews,
Fred. Weigel,
John King,
John Bittmann,
John B. Lane,
*Resigned on his election to the State Senate, 1857.
tElected Mayor, 1857, to fill vacancy caused by resignation of D. S. Wilson.
Hugh Treanor
Patrick Quigley,
M. B. Mulkern
Peter Kiene.
OFFICERS OF THE CITY GOVERNMENT.
IX
1861.
HENRY L. STOUT, Mayor.
ALDERMEN.
Patrick Quigley, Geo. B. Lane, Geo. L. Matthews,
Hugh Treanor, Geo. Connell, F. Weigel,
Geo. L. Torbert, Geo. D. Wood, Jno. Ruegamer.
Jno. Bittmann,
1862.
J. H. THEDINGA, Mayor.
ALDERMEN.
Geo. L. Torbert, Geo. L. Matthews,
Geo. Connell, J. Christman,
D. S. Cummings, Jno Ruegamer.
1863.
J. H. THEDINGA, Mayor.
ALDERMEN.
Hugh Treanor, Jno. Russ, J. Christman,
Patrick Quigley, D. S. Cummings, Geo. L eier KMatthews,
M. B". Mulkern, H. L. Stout,
ne.
Titus Schmidt,
1864.
JOHN THOMPSON, Mayor.
ALDERMEN
Patrick Quigley, M. B. Mulkern, H.Geo. L. S HMherhews,
J. H. Emerson, H. L. Stout,
John Russ, D. S. Cumings, Titus Schmidt.
John Ruegamer,
1865.
JOHN THOMPSON, Mayor.
ALDERMEN.
J. H. Emerson, L. N. Gibbs, H. S. Hetherington.
Patrick Quigley, D. S. Cumings, John D. Bush,
M. B. Mulkern, Henry Lembeck, John Ruegamer.
John King,
John Lucas,
James Rowan,
Thos. C. Fassitt,
Geo. W. Scott, f
James Rowan,
John Lucas,
Joseph Gehrig,
Peter Kiene,
John Lucas,
N. C. Ryan,
B. D Lenehan,
Fred Weigel,
OFFICERS OF THE CITY GOVERNMENT.
1866.
JOHN THOMPSON, Mayor.
ALDERMEN.
Patrick Quigley, 1 Benj. F. Smith, H. S. Hetherington,
Arthur McCann, f H. Lembeck, John King,
John Lucas, D. S. Cumings, A. F. Jaeger.
L. N. Gibbs, John D. Bush,
1867.
J. K. GRAVES, Mayor.
ALDERMEN.
John Lucas, D. S. Cumings,
N. C. Ryan, Hilarius Pleins,
B. F. Smith, H. S. Hetherington
Thomas C. Fassitt, H. P. Ward,
M. Kingman,
A. F. Jaeger.
M. Wening.
1868.
SOLOMON TURCK, Mayor.
ALDERMEN.
Joseph Gehrig,
Hilarius Pleins,
E. G. Young,
M. Kingtnan,
Thomas P. Coates,
M. Wening,
A. F. Jaeger.
1869.
W. J. KNIGHT, Mayor.
ALDERMEN.
B. -D. Lenehan,
Ernst G. Young,
Hilarius Pleins,
Thos. P. Coates,
Fred. Weigel,
A. F. Jaeger.
1870.
W. J. KNIGHTt Mayor.
ALDERMEN.
Joseph Gehrig,
Hilarius Pleins,
J. M. Robison,
Thos. P. Coates,
Peter Kiene,
A. F. Jaeger.
John Lucas,
John P. Quigley,
J C. Chapman,
F. M. Robinson,
John P. Quigley,
A. A. Cooper,
John Pier,
James Beach,
OFFICERS OF THE CITY GOVERNMENT.
1871.
JAMES BURT, Mayor.
ALDERMEN.
N. C. Ryan, J. C. Chapman,
John Lucas, J. M. Robison,
Joseph Gehrig, Hilarius Pleins,
Thomas P. Coates,
1872.
SOLOMON TURCK,*
A. F. JAEGER,t
ALDERMEN.
John Pier,
Hilarius Pleins,
J. B. Howard,
A. P. Jaeger,
F. M. Robinson,
A. F. Jaeger,
A. Kaiser.
Mayor.
L. W. McMaster, 1
A. H. Peaslee,§§'
A. Kaiser,
Peter Kiene, Jr.¶
1873.
A. H. PEASLEE, Mayor.
ALDERMEN.'
J. J. Linehan,
J. B. Howard,
John Krayer,
J. W. Parker,
A. F. Jaeger,
A. Kaiser.
1874.
A. H. PEASLEE, Mayor,
ALDERMEN.
A. A. Cooper, Philip Pier,
Patrick Lagen, John Krayer,
J. J. Linehan, Henry Hune,
J. O'Hea Cantillon, J. W. Parker,
Patrick Lagen,
J. P. Quigley,
Philip Pier,
John Maclay,
John Maclay
A. Kaiser,
George Fengler.
1875.
JAMES CUSHING, Mayor.
ALDERMEN.
J. J. Linehan, F. T. Walker,
J. O'Hea Cantillon, George Fengler,
John Wunderlich, M. Blumenauer.
XI
*Solomon Turck, resigned. tL. W. McMaster, died September, 1872.
1 A. F. Jaeger appointed to fill vacancy September 5, 187z.
SA. H. Peaslee appointed to fill vacancy.
¶P. Kiene, Jr., appointed to fill vacancy September 5, 1872.
--i
Arthur McCann,
John P. Quigley,
Philip Pier,
M. M. Walker,
John O'Neill,$
John P. Quigley,(
Arthur McCann,
J. J. Linehan,
XII
John P. Quigley,
Arthur McCann,
J. J. Linehan,
F. T. Walker,
OFFICERS OF THE CITY GOVERNMENT.
1876.
GEORGE B. BURCH, Mayor.
ALDERMEN.
Philip Pier, M. M. Walker,
John Wunderlich, M. Blumenauer,
J. O'Hea Cantillon, John M. Lillig.
1877.
GEORGE B. BURCH, Mayor.
ALDERMEN.
J. J. Linehan, John D. Bush,
J. O'Hea Cantillon, John M. Lillig,
Peter Fay.. Louis Doerfler.
1878.
W J. KNIGHT, Mayor.
ALDERMEN.
Theodore Altman,
Peter Fay,
Michael Brown,
John D. Bush,
Joseph Herod,
Louis Doerfler,
John M. Lillig.
1879.
JOHN D. BUSH, Mayor.
ALDERMEN.
Arthur McCann, J. J. Linehan, C. Leckie,
John O'Neill, Michael Brown, John M. Lillig,
Theodore Altman, B. W. Jones, Louis Doerfler.
Joseph Herod,
1880.
JOHN D. BUSH, Mayor
ALDERMEN.
Thos. Kavanaugh,
Joseph Herod,
J. J. Linehan,
L. Doerfler.
jQuigley resigned, April, 1878.
B. W. Jones,
Theo Altman,
Geo Fengler,
John O'Neill,
C. Leckie,
G. Rath.
1.O'Neill appointed to fill vacancy.
1
Thos. Byrne,
Martin Kane,
M. H. McCarthy,
Chas. Hollnagel,
Phillip Ryder,
P. W. Crawford,
John P. Page,
Henry Deckert,
P. Clancy;
Jos. Herod,
Theo. Altman,
G. Rath,
OFFICERS OF THE CITY GOVERNMENT.
1881.
JOHN J. LINEHAN, Mayor.
ALDERMEN.
P. W. Crawford,
P. C. Foley,
Geo. Fengler,
SIH
Thos. Kavanaugh,
L. Doerfler,
B. W. Jones.
1882.
JOHN J. LINEHAN, Mayor.
ALDERMEN.
Thos. Kavanaugh, B. W. Jones,
John Glab, Theo. Altman,
P. C. Foley, Henry Deckert,
L. Doerfler.
P. Clancy,
P. W. Crawford,
Peter Olinger.
1883.
FREDERICK O'DONNELL, Mayor.
ALDERMEN.
P. Clancy, Peter Olinger, Thos. Kavanaugh,
P. W. Crawford, M. H. McCarthy, John Glab,
Theo. Altman, Chas. Hollnagel, James Martin.
Henry Deckert,
1884.
FREDERICK O'DONNELL, Mayor.
ALDERMEN.
James Martin,
John P. Page,
Henry Deckert,
P. Clancy,
P. W. Crawford,
P. Olinger.
1885.
JOHN GLAB, Mayor.
ALDERMEN.
P. Olinger,
J. M. Byrne,
Chas. Hollnagel,
Thos. Byrne,
Martin Kane.
A. M. Downer.
XIV OFFICERS OF THE CITY GOVERNMENT.
1886.
JOHN GLAB, Mayor.
ALDERMEN.
Thos. Byrne, J. W. Parker, Phillip Ryder,
P. W. Crawford, C. D. Hayden, L. Doerfler,
J. M. Byrne, Chas. Hollnagel, John Trexler.
A. M. Downer,
1887.
C. A. VOEI,KER, Mayor.
ALDERMEN.
Thomas Byrne, Thos. Keneally, John Mulkern,
John Trexler, John Kleinschmidt, C. D. Hayden,
J. W. Parker, D. W. Rand, Louis Doerfler.
John Meyer,
1888.
GEO. B. BURCH, Mayor.
ALDERMEN.
Thomas Keneally, John W. Halpin, John Trexler,
John Kleinscmidt, John Meyer, John Mulkern,
Bentley Rawson, D. W. Rand, F. B. Daniels.
Chas. J. W. Saunders,
1889.
R. W. STEWART, Mayor.
ALDERMEN.
John W. Halpin, *William Coates, John Trexler,
John Wunderlich, C. J. W. Saunders, Bentley Rawson,
Isaiah Cleminson, F. B. Daniels, O. F. Hodge,
Frank J. Stoltz,
189o.
R. W. STEWART, Mayor.
ALDERMEN.
John W. Halpin, Isaiah Cleminson, *Joseph P. Lowry,
John Babcock, John Trexler, P. W. Crawford,
John Wunderlich, O. F. Hodge, C. J. W. Saunders.
Frank J. Stoltz,
*Died.
CITY OFFICERS.
1892-3.
MAYOR,
CHAS. J. W. SAUNDERS.
MAYOR PRO TEM,
EDW. C. PEASLEE.
ALDERMEN.
FIRST WARD.
THOMAS BYRNE,
SECOND WARD,
JOHN P. PAGE,
THIRD WARD.
DENIS SMITH.
JOHN GLAB.
MELL H. CTUSHING, PETER OLINGER.
FOURTH WARD.
EDW. C. PEASLEE, P. W. CRAWFORD.
FIFTH WARD.
FRANK J. STOLTZ, N. P. NICKS.
CITY ATTORNEY,
J. J. McCARTHY.
RECORDER,
J. C. FITZPATRICK.
TREASURER,
LAWRENCE M. GONNER.
AUDITOR,
JOHN M. KENETY.
MARSHAL,
S. B. RICE.
ASSESSOR,
JOHN F. STEMM.
CITY ENGINEER,
EDWARD C. BLAKE.
STREET COMMISSIONER,
JOHN CARTER.
HEALTH PHYSICIAN,
DR. F. W. WIELAND.
SEWER INSPECTOR,
BENTLEY RAWSON.
CHIEF OF FIRE, DEPARTMENT,
JOE REINFRIED.
OFFICERS OF THE
CITY GOVERNMET
OF THE
CITY OF DUBUQUE
From its Organization to 1893.
TRUSTEES.
1837.
T. S. Wilson, Pres. J T. C. Passitt,
J. Plumbe, Jr., J Wm. Meyers,
Charles Miller,
Timothy Vanning.
1838.
P. C. Morhiser, Pr l John Plumbe, Jr. l John McKenzie,
Alex Butterworth, J E. Langworthy, J Benj. Rupert.
1839.
Pat'k Quigley, Pres. E. Langworthy, 1 Loring Wheeler,
S. D. Dickson, Dr. T. Mason, j Thos. C. Eassitt.
1840.
S. D. Dixon, Pres. 1 Chas. Miller,
J. P. Earley, f Patrick Quigley,
E. C. Dougherty.
John. W. Halpin,
¶John Glab,
Mell H. Cushing,
Edw. C. Peaslee,
OFFICERS OF THE CITY GOVERNMENT. XV
1891.
tR. W. STEWART, Ma
-or.CHAS. J. W. SAUNDERS, f ay
or.
kJohn Babcock, Denis Smith,
John Trexler, John P. Page,
P. W. Crawford, IC. J. W. Saunders,
°Chas. Fosselmann, Frank J. Stoltz
*Elected April, 189o, to fill vacancy from First Ward, caused by the death
of William Coates.
}Resigned June 15, 1891.
Elected Mayor June 18, 1891, to fill vacancy caused by the resignation
of R. W. Stewart.
Resigned April 9, 1891.
¶Elected by City Council April 13, 189r, to fill vacancy from Second Ward,
caused by the resignation of John Babcock
°Elected by City Council June 18, 1891, to fill the vacancy from the
Fifth Ward, caused by the election of Alderman Saunders to the office of
Mayor
•
Ij
•
AN ORDINANCE
To provide for the Revision of the Ordinances of the City of
Dubuque and their publication in book form.
Be it Ordained by the City Council of the City of Dubuque :
SE'crioN i. That the Revision of the City Ordinances
as prepared under the supervision of the Committee on Ordi-
nances of this Council, and printed on the pages following
this ordinance, be and the same is hereby approved ar.d adopt-
ed, and published in book form with an index, as provided in
Section eight of the City Charter, and shall be known and
designated as "The Revised Ordinances of 1893," and from
and after such publication shall be in force, and when verified
by the certificate of the City Recorder, with the Seal of the
City attached, shall be received without further proof as pre-
sumptive evidence of such ordinances.
SEc. 2. 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,
forfeiture, penalty, right, action, suit, debt or other liability
whatever, created, instituted, incurred, or accrued, by, or
under the same, shall be released, discharged,. annulled, re-
pealed or in any wise affected, but may be prosecuted, recov-
ered, or enjoyed, or any suit or other proceeding commenced
or completed thereon, as fully and in the same manner in all
respects as if such ordinances or parts thereof had remained
in full force.
SEC. 3. That this ordinance shall be published in the
official newspapers of the city, and shall take effect and be in
force from and after its publication one time in the Dubuque
Daily Herald newspaper.
Adopted March 6, 1893
Approved March 6, 1893.
CHAS. J. W. SAUNDERS,
Mayor of the City of Dubuque, State of Iowa.
Attest: JOHN O'CONN1 LL,
Recorder pro tempore.
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[SEAL.]
REVISED ORDINANCES.
CHAPTER I.
AN ORDINANCE establishing the City Seal.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That the seal heretofore provided and
used by and for the City of Dubuque, having in the center
the words " LA PETITE Nun'," and around the edge " SEAL
OF THE CITY of DUBUQUE, IowA," is hereby established
and declared to have been and now to be the seal of the City
of Dubuque.
\vitt/ Pr
PETITE.
4 N U IT \.
ry ry �
CHAPTER II.
AN ORDINANCE to provide for adjusting arie. re-establish-
ing the Ward boundaries.
SEC. 1. Boundary of First ward.
2. Boundary of Second Ward.
1. Boundary of Third Ward.
SEC. 4. Boundary of Fourth Ward.
5. Boundary of Fifth Ward.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That the First Ward of the City of Du-
buque shall include all that part of the city lying south
1
18 REVISED CITY ORDINANCES.
of the following line, to -wit: Commencing at a point where
the center line of Third street, extended, intersects the main
channel of the Mississippi river ; thence running westerly
along the center line of Third street, as laid out and estab-
lished, to Grandview avenue; thence from Grandview
avenue westerly along the south boundary of mineral lot one
hundred and sixty-one (16r) to its southwest corner ; thence
northwesterly along the boundary line between mineral lots
one hundred and sixty-two (162) and one hundred and sixty_
three (163) to the south boundary of the subdivision of the
Gilliam lot, as exhibited on Tschirgi's map of the City of
Dubuque ; thence westerly along the south boundary of said
subdivision to the west boundary of the City of Dubuque.
SEC. 2. The Second Ward shall include all that portion
of the city north of the First Ward, east of Grandview
avenue, and south of the following line, to -wit : Commenc-
ing at a point where Eighth street, extended easterly, inter-
sects the main channel of the Mississippi River; thence
running westerly along the center of Eighth street and
Julien avenue to the intersection of said avenue with West
Eighth street ; thence to its intersection with the Delhi road
at Broad street ; thence westerly along the center of the
Delhi road to Grandview avenue.
SEc. 3. The Third Ward shall include all that part of
the city situated north of the Second Ward and east and south
of the following described line, to -wit : Commencing at the
intersection of Eighth and Main streets, and running north-
erly along the center of Main street to Seventeenth ;
thence easterly along the center of Seventeenth street to
its intersection with Seminary street ; thence northerly along
the center of Seminary street to its intersection with Heeb's
alley ; thence northerly along the center of said alley to the
south boundary of Marsh's addition ; thence easterly along
the south boundary of Marsh's addition to Couler avenue ;
REVISED CITY ORDINANCES. 19
thence from Couler avenue easterly along the center line of
Lake street to the intersection of Lake street with the center
line of Cedar street ; thence easterly in a direct line to a
point at the intersection of the center line of Lynn street
with the center line of Twentieth street; thence easterly
along the center line of said Twentieth street, extended, in a
direct course to the main channel of the Mississippi river.
SEC. 4. The Fourth Ward shall include all that part of
the city situated north of the First Ward, west of Grandview
avenue, and north of the Second Ward, east of Grandview
avenue, west of the westerly boundary of the Third Ward
as described by the last preceding section, and south of a line
described as follows, to -wit : Commencing at the northwest
corner of the Third Ward at a point where the center line
of Heeb's alley intersects the south boundary line of Marsh's
addition, and running thence westerly in a direct course to
the northeasterly corner of Cox's addition; thence north-
westerly along the north line of Cox's addition to the
northeast corner of Porter's addition ; thence westerly along
the north line of Porter's addition to the northeast corner of
Littleton and Sawyer's addition ; thence along the north
line of Littleton and Sawyer's addition to the northwest
corner of said addition ; thence in a direct course due west to
the west boundary of the city.
SEc. 5. The Fifth Ward shall include all that part of
the city lying north of the northern boundary line of the
Third and Fourth Wards, as described in the last two pre-
ceding sections.
J
20 REVISED CITY ORDINANCES.
CHAPTER III.
AN ORDINANCE providing for the subdivision of the sev-
eral wards of the City of Dubuque into election precincts.
SEC. 1. Division of First ward.
2. Division of Second ward.
3. Division of Third ward.
SEC. 4. Division of Fourth ward.
5. Division of Fifth ward.
6. Polls to be opened at all precincts
WHEREAS, The enactment of chapter thirty-three (33)
of the laws of the Twenty-fourth General Assembly of the
State of Iowa, commonlyknown as the Australian ballot law,
has rendered necessary the subdivision of the several wards
of the City of Dubuque into election precincts ; therefore
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. Th2t the First ward of the City of Dubuque
shall be, and is hereby divided into two election precincts.
That all that portion of said ward lying south of Dodge street
and South street and on a direct line from center of South
street to city limits shall constitute and be known as the First
precinct ; that all that portion of said ward lying north of
Dodge street and South street shall constitute and be known
as the Second precinct.
SEC. 2 That the Second ward of said city shall be
divided into two election precincts. That all that portion of
said ward east of Locust street shall constitute the First pre-
cinct ; and all that portion of the ward west of Locust street
shall constitute Second precinct.
Ste. 3. That the Third ward of said city shall be
divided into three election precincts. All that portion of said
ward lying between Eighth and Twelfth streets shall consti-
tute the First precinct ; all that portion of said ward lying
between Twelfth and Fifteenth streets shall constitute the
Second precinct ; all that portion of said ward north of Fif-
teenth street shall constitute the Third precinct.
LEVISED CITY ORDINANCES. 21
SEc. 4. That the Fourth ward of said city shall be
divided into three election precincts. That all that portion of
said ward lying south of Fourteenth street and east of Alta
Vista street shall constitute the First precinct; all that portion
of said ward west of Alta Vista street and south of West
Locust street and Arch street to the city limits shall consti-
tute the Second precinct; all that portion of said ward north of
Fourteenth street and east of Alta Vista street to its intersec-
tion with West Locust street, and all north of Arch street
and north and east of West Locust street, shall constitute the
Third precinct.
SIc. 5. That the Fifth ward of said city shall be divided
into four election precincts. All that portion of said ward
lying west of Couler avenue shall constitute the First pre-
cinct ; all that portion of said ward lying north of Twentieth
street, east of Couler avenue, south of Sanford street and west
of Windsor avenue shall constitute the Second precinct ; all
that portion of said ward lying east of Windsor avenue to
intersection with Twentieth street to city limits shall consti-
tute the Third precinct ; all that portion of said ward lying
north of Sanford street -east of Couler avenue, west of Wind-
sor avenue to city limits shall constitute the Fourth precinct.
SEc. 6. That at all city elections in the City of
Dubuque a separate poll shall be opened at such place as
shall be designated by the City Councilin each of the pre-
cincts created by this ordinance, for the reception of the
ballots of the legal voters residing in such precinct. No per-
son shall vote in any other precinct than that in which he
resides at the time. All elections in the precincts created
by this ordinance shall be conducted in all respects in the
manner provided by law and the ordinances of the city now
in force.
SEc. 7. All ordinances or parts of ordinances in conflict
with any of the foregoing provisions are hereby repealed so
22
REVISED CITY ORDINANCES.
far as, and only to the extent, that they contravene or are
inconsistent with this ordinance.
Adopted September 9, 1892.
CHAPTER IV.
AN ORDINANCE to regulate Elections.
SEC. 1. City Council to appoint Judges. SEC. 5.
2. City Recorder to issue Certificate 6.
of Appointment. 7.
3. Judges to fill vacancy
4. All Persons to take Oath. 8.
All Officers to give Bonds.
Salaries to be fixed by Council.
Refusal or neglect of duty pun-
ished.
Term of office not to exceed one
year.
Be it Ordained by the City Council of the City of Dubuque :
SECTzoN i. The City Council shall in each year, not
less than ten days before the annual city election, appoint
three judges and two clerks of election, in each precinct, and
shall provide a place in each precinct at which the election
shall be held, and notice of the same shall be published in
the proclamation of the Mayor, which shall be issued in con-
formity with Section 4 of the City Charter, and shall specify
the officers to be elected, and time for opening and closing of
the polls. The judges and clerks of election shall be allowed
for their services the sum of three dollars each, to be paid
from the City Treasury.
SEc. 2. The City Recorder shall, without delay, after
such appointment, make out and deliver to the City Marshal
a certificate of appointment under the city seal to each of
the persons appointed judges and clerks. And the Marshal
shall deliver such certificate to each person so appointed
within three days after their appointment. The City Council
may, at the time of appointing the judges and clerks of
election, appoint from the legal voters of the ward an alter-
nate in the place of each of the persons appointed judges and
clerks, and such alternates may serve as judges or clerks, in
case of neglect or refusal of any of the persons appointed as
judges or clerks to act ; and they shall be notified of their
r,,
REVISED CITY ORDINANCES.
23
appointment as alternates in like manner as the judges and
clerks.
SEc. 3. If any judge or clerk ofelection shall refuse to
act, or shall not attend at the time fixed for the opening of
the polls, the vacancy shall be filled by the alternate ; and
if no alternate shall attend, by a legal voter of the ward
to be chosen by the majority of both judges and clerks in
attendance.
Sic. 4. All persons elected or appointed to any city
office, shall take and subscribe an oath of office in due form
before the Mayor or any other person authorized to admin-
ister an oath, before entering upon the duties of his office.
No person not a qualified voter shall be elected or appointed
to any office of the city.
SEc. 5. The Recorder, Treasurer, Auditor, Marshal,
Harbor Master, and such other officers as may be required so
to do, by the City Council, except the City Judge, shall
execute bonds, with good and sufficient sureties, in such sums
as the Council may direct, in the form required by Ordi-
nance, and a failure so to do by an officer so required within
ten days from the time of his election or appointment, shall
be deemed a vacation of his office. All official bonds of city
officers, when approved by the Council, shall remain in the
custody of the Recorder, and shall not be surrendered with-
out the authority of the Council: Provided, That the Recor-
der's bond shall be deposited with the City Auditor.
SEc. 6. The salaries of all city officers shall be fixed
by the City Council, and may be increased or reduced when-
ever the Council shall so determine. All officers, except the
City Council, who shall be entitled to receive regular salar-
ies, shall be paid the same in monthly payments, to be made
as soon as practicable after the first regular meeting of the
Council in each month, a statement of the amount due such
24 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 25
officers respectively having been first submitted to the
Council and approved by them.
SEC. 7. That any city officer who shall refuse or neglect
without just cause to perform any duty required of him by
any ordinance of the city, or by resolution of the City
Council, shall be subject to a penalty of not less than ten nor
more than one hundred dollars, in addition to any damages
which the city may suffer by reason of such refusal or 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 Section 27, 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 V.
AN ORDINANCE providing for the election of certain
City Officers and fixing their Term of Office.
SEC. 1. Election of Auditor and Assessor. SEC. 3. To make terms of office two
2. Election of Recorder, Treasurer years.
and Attorney.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That at the regular annual election in
April, 1889, there shall be elected an Auditor and Assessor,
who shall hold their offices for the term of one year and
until their successors are elected and qualified ; Provided,
that at the regular annual election in April, 189o, and every
two years thereafter, there shall be elected an Auditor and
Assessor, who shall hold their offices for the term of two
years and until their successors are elected and qualified.
SEc. 2. That at the regular annual election in April,
1889, and every two years thereafter, there shall be elected
a Treasurer, Recorder and City Attorney, who shall hold
their offices for the term of two years and until their suc-
cessors shall be elected and qualified.
SEc. 3. That all ordinances inconsistent or in conflict
with this ordinance are hereby repealed. The intention of
this ordinance being to make the term of office of the officers
named two years instead of one, one-half of whom shall be
elected one year and the other half the year following after
the year 1889.
SEC. 4. This ordinance being in accordance with Chap-
ter 93 of the Acts of the Twenty-first General Assembly, as
amended by Chapter 27 of the Acts of the Twenty-second
General Assembly. shall be in force from and after its pass-
age and publication in the Dubuque Daily Telegraph, the
official paper of the city.
Adopted January 7, 1889.
CHAPTER VI.
AN ORDINANCE to regulate Official Bonds and Qualifica-
tions of Officers.
SEC. 1. Bond to be presented to City SEC. 3. Officers take oath.
Council. 4. Bond to be approved.
2. All official bonds to oe filed 5. Term of office to co mmence when
with Recorder.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That all officers in said city who are re-
quired 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 and sufficient securities, resident free-
holders 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 person so elected or appointed
26 REVISED CITY ORDINANCES.
to such office shall faithfully perform the duties of the office
to which he may be elected or appointed ; that he shall
promptly pay over all moneys which may come into his
hands by virtue of his office, to the person or officer entitled
thereto ; that he shall promptly account for all balances of
money remaining in his hand at the termination of his office,
and that he shall exercise all reasonable diligence and care
in 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 demand and receive the same.
SEC. 2. That all official bonds, as provided in the pre-
ceding section, shall run to the City of Dubuque, and if ac-
cepted and securities approved by the City Council, shall be
filed in the office of the City Recorder, and by him securely
kept, and in case of the breach of any condition thereof, such
bond shall be prosecuted in the name of the city, against the
persons whose names are subscribed thereto, or their personal
representatives,before any court having jurisdiction, and all
moneys thereon received or secured shall be paid into the
City Treasury as other city money. Provided, That the bond
of the City Recorder shall be deposited with and kept by the
Auditor.
SEC. 3. That no city officer elect, whether chosen by
the people at the regular annual April election, or by the City
Council, shall be entitled to enter upon the discharge of his
official duties until after he shall have taken the oath of office
duly administered in open session at some regular or special
meeting of the City Council by the Mayor or other presiding
officer.
SEC. 4. In the case of officers who may be required by
ordinance or resolution of the Council to give bonds for the
faithful discharge of their duties, no officer shall be permitted
to take the oath of office provided in the preceding section
REVISED CITY ORDINANCES. 27
until the amount of his official bond shall be duly approved
by the City Council. Whenever the official bond of any
officer shall be approved by the Council, the Mayor or tem-
porary presiding' officer shall indorse on said bond the fact of
such approval by the City Council. And the Recorder shall
enter said bond after its approval in the "Bond Book" of the
city.
SEc. 5. All officers elected at the annual election, except
the Mayor and Aldermen, and all officers elected by the City
Council who shall have been duly qualified, as heretofore
provided, shall enter on the discharge of their official duties
and their compensation begin on the first day of May in each
year, and shall continue to discharge said duties and be
entitled to the compensation therefor until the first day of
May the succeeding year and until their successors shall be
elected and qualified.
Sections 3, 4 and 5 passed March 18, 1884.
CHAPTER VII.
AN ORDINANCE relating to City Property.
SEC. 1.
Officers to file list of City Prop-
erty.
2. To include Books
3. To file list as purchased.
4. No Officer to deliver Property
without Receipt.
Be it Ordained by the City Council of the City of Dubuque r
SECTION I. That it shall be the duty of each and every
officer of this city, in possession of any movable or personal
property belonging to the city, within ten days next after the
passage of this ordinance, to make and file with the City
Auditor a full and specific list or schedule of all and every
article or articles of whatever kind and description belonging
to the city in his possession or under his control, with his
signature subscribed thereto ; Provided, That the list or
schedule to be made by the City Auditor shall be filed with
the City Treasurer, and every officer hereafter elected or
SEC. 5. Receipts to be made in duplicate.
6. • Not to suffer Property to be lost.
7. Place and office hours of Mayor.
8. Mayor pro tempore to attend in
absence of Mayor.
28 REVISED CITY ORDINANCFS.
appointed shall, on entering upon the duties of his office, file
a like receipt.
SEC. 2. The list or schedule to be made and filed by
the Recorder and Treasurer shall include, by specific name
and description, all books of record or account,relating to the
affairs of the city, and all printed books and 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 hereby required, it shall be the duty of every city
officer, as often as he shall receive into his custody by pur-
chase on account of the city, or in any other manner, any
property of the city for which he shall not have delivered a
receipt to some other person lawfully holding the same of
and for the city, immediately to file a receipt therefor with
the City Auditor, stating therein when, of whom, and by
what authority he obtained the same.
SRC. 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 same, and shall first have executed and delivered
a specific receipt therefor.
SEC. 5. That all official receipts of any incoming officer
to his predecessor, shall be executed in duplicate, one of
which shall be immediately filed with the City Auditor, and
no outgoing officer shall be entitled to any allowance of
unpaid salary for the last tnouth 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 outgoing officer is or may be accountable.
Suc. 6. That if any officer of this city shall suffer any
property thereof, in his custody or under his control, to be
REVISED CITY OKDINANCES. 29
lost, or to be injured or destroyed, and unless he can show,
to the satisfaction of the City Council, that such loss, injury
or destruction, was occasioned by circumstances beyond his
control, and that he used due diligence and care to preserve
such property, he shall be required to replace the same, and
upon failure to replace and make good such property within
such time as the City Council may fix, the value thereof
shall be deducted and retained out of his salary, or if the
value thereof shall exceed the amount of his salary due, or
to become due, he shall be liable therefor on his official
bond.
CHAPTER VIII.
AN ORDINANCE to define the duties of the Mayor of the
City of Dubuque.
SEC. 1 Mayor Chief Executive Officer. SEC. 5 He to sign all contracts.,
2. He may callspecial meetings. 6. He to call the Police Force to his
3. He to have supervision of City assistance.
Officers. 7. Mayor's Office Hours.
4. He to report neglect of duty.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. The Mayor shall be the chief executive
officer of the city, and shall take care that the criminal laws
of the State and the ordinances of the city are duly enforced
within the city. He shall from time to time give to the City
Council information in regard to the affairs of the city, and
make such recommendations as he may deem advisable.
SEC. 2. He may call special sessions of the City Council
at any time by giving each member thereof reasonable
notice of such meeting, sent personally by the Marshal, or
by notice in writing left at his usual place of residence, stat-
ing the time and place of such meeting. And it is hereby
made his duty to call a special meeting of the Council at any
time, upon written request of five members thereof ; and
when the same shall have assembled he shall state the cause
or which it has been called.
4
30 REVISED CITY ORDINANCES.
SEc. 3. The Mayor shall have general supervision
over all city officers, and may, as often as he shall deeln nec-
essary, examine into the condition of their respective offices,
the books, papers and records therein, and the manner of
conducting their business, and may call upon any officer of
the city for information in relation to any matter pertaining
to the functions of his office.
SEc. 4. The Mayor shall report to the Council all viola-
s tions or neglect of duty on the part of any city officer, which
shall come to his knowledge, and when he believes the city
will sustain loss or injury by such violation or neglect, he
may convene the City Council for the purpose of taking action
in relation thereto.
SE;c. 5. The Mayor shall, on behalf of the city, sign all
contracts made between the city and any other party, and it
shall be his special duty to see that the other contracting
party faithfully 'complies with his or their part of the con-
tract. He shall sign all ordinances adopted by the City
Council.
SRC. 6. He shall be a conservator of the peace within
the city, 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
sum not less than five, nor more than one hundred dollars.
SEc. 7. That the office of the Mayor, for the transac-
tion of all business of the City of Dubuque connected with
his official position, and for the discharge of all duties imposed
upon him by the Charter and Ordinances of said city, shall
be kept in the City Hall. He shall be in attendance at his
said office for business from the hour of 9 A. M. to 12 m . of
REVISED CITY ORDINANCES. 31
each secular day, legal holidays excepted, unless engaged in
presiding at sessions of the City Council. In case of the
absence or inability of the Mayor at any time to attend at his
office at the time herein specified, it shall be the duty of the
Mayor pro tempore to attend at said office in his place, and to
discharge all the duties, and possess all the powers of the
Mayor for the transaction of all matters and business of the
city during the absence or inability of said officer.
Section 7 adopted June 1st, 1891.
CHAPTER IX.
AN ORDINANCE to define the duties of the Recorder of
the City of Dubuque.
SEC. 1. Duty of Recorder. SEC. 7.
2. He to have custody of Ordinances. 8.
3. He to record in separate book. 9.
4. He to keep Seal of city. 10.
5. He to keep registry of Licenses. 11
6. He to draw orders on Treasury. 12.
He to keep Warrant Book.
He to report to Council.
He to keep records and papers.
He to keep a list of committees.
Fig to furnish copy of records.
Recorder pro tem.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. It shall be the duty of the Recorder of this
city to attend at every meeting of the City Council and to
furnish the Mayor with an abstract of all unfinished business.
He shall keep a correct record of the proceedings of the City
Council in a book provided for that purpose, and properly
index the same ; shall issue all notices of regular and special
elections required to be given by law, or in pursuance of any
resolution or ordinance of the City Council, and when re-
quired by the Mayor, or in his absence by the Mayor pro tem.,
shall issue to the City Marshal a notice to the members of
the City Council of any special meeting of the board. He
shall notify all committees of their appointment and of the
business referred to them ; and shall notify all inspectors
and other officers of their election, and shall, when directed
by the City Council, prepare and issue venires for opening
streets and highways, for assessing damages thereon, and
32 REVISED CITY ORDINANCES.
shall perform such other duties as are required of him by
law, ordinance or resolution.
SEC. 2. He shall have the custody of all ordinances
passed by the City Council, and shall record the 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 ordinances are promptly and correctly published in the
official papers of the city, and such other papers as may be
directed by the Council, and procure from the publishers
thereof the proper affidavit of such publication, and file and
preserve the same in his office.
SEC. 3. He shall record at length, in a separate book to
be provided for that purpose, all resolutions and orders of the
City Council, all reports of every officer, comtnittee and jury
in relation to the laying out or altering of any street, alley,
or highway, or in relation to the grading, paving or macad-
amizing thereof, or in relation to the grading, paving, or
curbing of any sidewalk ; also, all notices issued, with the
return of the officer serving the same, and the affidavit of the
printer publishing the same, of the publication thereof. He
shall also, in the same book, and in like manner, record all
proceedings had in relation to filling up or draining of any
grounds or lot in the city, by order of the Council.
SEc. ¢. He shall keep the seal of the city, and shall
duly attest thereby all deeds, contracts and other papers
required to be attested. He shall keep a book of deeds and
contracts, and shall enter therein correct copies of all deeds
and contracts executed by, or in favor of the city, except deeds
for cemetery lots, of which he shall enter in a separate book,
the date, name of purchaser, number of lot and amount paid
for same ; and shall properly index both of said books.
SEc. 5. He shall keep a register of all licenses and per-
mits granted by the city, noting the time when issued, the
i
REVISED CITY ORDINANCES.
33
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
for that purpose, but he shall not draw several orders for
smaller amounts to cancel any order for a larger amount. He
shall also keep a record for all orders drawn by him on the
treasury and specify the number, date, amount, drawer's
name, upon what fund, and the purpose for which the same
was appropriated.
SEc 7. He shall also keep a book designated as a war-
rant book, bound with a marginal back, on which margin he
shall keep a record of the number, date, amount, drawer's
name, upon what fund, of all warrants he may issue by order
of the City Council, and before delivering any warrant shall
require the drawer to receipt for the satne, 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.
SEc. 8. He shall report to the City Council, at every
regular session, a correct account 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 him on the Treasury, specifying the date, amount,
drawer's name, and upon what fund drawn, which report,
when examined by the Council, shall be filed with the
Auditor.
SEc. 9. He shall keep all records, papers and official
r
34 REVISED CITY ORDINANCES.
documents belonging to said city, with the ordinances, votes
and proceedings of the City Council and of the City of Dubuque
and all returns of assessments and elections for city officers,
and of the appointments of all officers for the city, and shall,
as soon as practicable after each meeting of the Council, pre-
pare an abstract of the business transacted and a correct copy
of all ordinances adopted, and shall deliver them immediately
to the City Printer for publication, and shall not allow any
papers or documents to be taken from his office without the
consent of the Council or by their direction.
Sc.EIo. He shall keep a list of all committees and of
the business referred to them, and note when they report,
and the nature of such report. He shall procure all necessary
books and stationery for the use of the City Council and city
officers.
SEc. II. He shall furnish to any city officer a duly cer-
tified copy of any record, paper, or public document made or
filed in his office, when the same shall be necessary to said
officer in the discharge of his official duty ; and he shall fur-
nish a like copy to any citizen when required, and he will be
entitled to receive, to be paid by said citizen, the sum of
fifteen cents for every one hundred words said copy shall
contain.
SEC. 12. The City Council may at any time appoint a
City Recorder pro tem., who shall perform all the duties of
the City Recorder in his absence, or in case of his inability
to act. He shall give bond in a sum to be fixed by the
Council, which shall be approved and filed in the office of
the City Auditor. For all services performed by the Re-
corder pro tem., he shall receive all the salary due the
Recorder for the time so employed.
Section 12 passed September 21, 1885.
REVISED CITY ORDINANCES. 35
CHAPTER X.
AN ORDINANCE Regulating the Manner of Keeping the
Official Record of the Proceedings of the City Council
of the City of Dubuque, and to Provide for the Preserva-
tion of the Same.
SEC. 1. Proceedings to be Printed.
2. Copies of the Proceedings Fur-
nished Aldermen.
3. Matter Contained in Journal.
SEC. 4. Proceedings to be Bound in Book
Form.
5. Printed Record to Constitute Offi-
cial Record.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That immediately after each and every
meeting of the City Council, the City Recorder shall cause
the journal kept by him of the proceedings of such meeting
to be correctly printed on paper of good and substantial quality,
and on pages of a uniform size, suitable for binding in record
book form, with proper margins, and each page numbered
consecutively.
SEc. 2. That prior to the first regular session of the City
Council in each month, the Recorder shall cause the journals
printed as provided in the last section, of all the meetings of
the City Council held during the preceding month, to be
bound together in pamphlet form, and to furnish copies of
the same so bound to the Mayor and each member of the
Council. That on the opening of the regular session of the
Council in each month, the journal of each meeting during
the last preceding month shall be read, unless such reading
shall be dispensed with by the Council, and, if found to be
correct, approved. If objection to any portion of the journal
shall be raised by any member of the Council, the same may
be corrected. After the journal shall be approved by a vote
of the Council, the printed journal of each meeting shall be
signed by the Mayor, or President pro tem., and duly attested
and signed by the City Recorder. Said printed journal, when
so approved, and signed and attested by the Mayor and
36 REVISED CITY ORDINANCES.
Recorder, shall constitute the official record of the City
Council.
SEc. 3. The journal required to be kept by the Re-
corder shall contain in full all motions, resolutions, offered,
printed or adopted, and all other action or proceeding taken,
or had, at any regular, adjourned or special meeting of the
City Council.
SEc. 4. That immediately after the last day of De-
cember in each year, the City Recorder shall cause all the
printed journals of the proceedings of the Council for the
last preceding twelve months, as signed and attested by the
Mayor and Recorder, as provided in the second section of
this ordinance, to be bound together in a substantial book
form, which shall constitute the complete and permanent
official record for the year. The City Recorder shall pre-
pare and attach to said book of record a full and complete
index, by subjects, of the contents of the same.
SEc. 5. That such printed books of record of Council
proceedings shall be in lieu of the manuscript record books
heretofore used, which shall hereafter be dispensed with.
Adopted January 5, 1891.
CHAPTER XI.
AN ORDINANCE to provide for the appointment of a City
Marshal by the City Council of the City of Dubuque.
SEC. I. Marshal to be appointed. SEC. 3. Council may remove.
2. Salary and duty. 4. Ordinances repealed.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1. That for the year i88o, and annually there-
after, the City Council, at its first regular session in April, or
as soon thereafter as may be convenient, shall elect by ballot
a City Marshal, who shall continue in office for the term of
one year, and until his successor is appointed and qualified.
REVISED CITY ORDINANCES. 37
SEc. 2. The City Marshal shall have a stated salary,
which shall be fixed by the City Council as other city officers,
and shall receive no additional fees as compensation, and
shall pay over to the City Treasurer, for the use of the city,
all fees in any manner collected by him pertaining to his
official duties. He shall perform all duties provided for in
chapter eight of the Revised Ordinances, and all other ordi-
nances and rules as may from time to time be passed by the
City Council.
SEC. 3. If the said Marshal shall at any time 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 remove him from office for such
offense.
SEc. 4. All ordinances and parts of ordinances in con-
flict with this ordinance are hereby repealed.
CHAPTER XII.
AN ORDINANCE to define
City Marshal.
SEC. 1.
2.
3.
4.
5.
6.
Duty of Marshal.
He to arrest persons.
He:tohave charge of City Hall.
He may appoint Deputies.
He to execute all processes.
He to pay to Treasury monthly.
the powers and duties of the
SEC. 7. He to keep correct account.
8. He to settle in March every year.
9. He to attend City Court.
10. He to notify City Attorney.
11. Neglect of duty punished.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That it shall be the duty of the City Mar-
shal, 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
38 REVISED CITY ORDINANCFS.
the requirements thereof, by any person or persons, and to
prosecute the person or persons guilty thereof.
Second —To ascertain all suspicious or disorderly houses,
or houses of ill -fame in the city, and all persons carrying on
any business in said city without license, in all cases where
license is necessary, and to report the same to the City Attor-
ney or a Justice of the Peace, and to visit all parts of the city
where disturbances or breaches of the peace, or any violation
of any ordinance, are likely to occur.
Third —To arrest and take into custody, with or without
any warrant, any person of suspicious character, or who shall
be found in the commission of any violation of any law of the
state or ordinance of the city, or trespassing on other men's
property, and to bring such person before the Mayor or some
proper officer to be dealt with according to law.
Fourth —To report and cause to be abated, or removed
without the city, any nuisance found therein, or which may
be reported to him by the proper officers or by any citizen.
To execute and enforce the orders of the health officer in rela-
tion 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
critne, or in the arresting of any person under a warrant, or
in the suppression of any riot or unlawful assembly, or in
preventing the violation of any ordinance or of any law of the
state, shall have power to require the aid of any citizen of
the city, and any citizen who shall refuse or neglect to obey
the summons of the Marshal in this section mentioned, shall
be subject to a penalty of not less than five dollars with
[.J
REVISED CITY ORDINANCES. 39
costs, to be recovered on complaint before any court having
jurisdiction.
SEc. 3. That the City Marshal or his deputy shall have
charge of the entire building known as the City Hall, with
the halls, rooms, apartments and offices thereof, to act under
the direction of the City Council, to provide such fuel and
lights therefor as may be needed, to see that all fires and
lights are extinguished in and about the satne on the night
of each day on which the same may be used, and to keep
each and all of said premises in a neat and cleanly condition,
suitable to the purposes for which they are severally used,
and shall attend all the sessions of the City Council. He
shall also have the charge of all other buildings 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 ap-
proval 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.
Szc. 6. He shall pay monthly to the City Treasury all
moneys which he may have collected under any ordinances
of the city, or upon final process for fines and penalties im-
posed by any court in behalf of the city, and take from the
Treasurer duplicate receipts for the same, one of which he
shall immediately file with the Auditor.
SEc. 7. He shall keep a correct account, in a book pro-
vided for that purpose, of all moneys which may come into
40 REVISED CITY ORDINANCES.
his hands, from whatever source as said Marshal, stating from
whom and on what account the same was paid; he shall sub-
mit such books when required, to the inspection of the Mayor
or City Council, or any committee thereof, for their examina-
tion.
SEc. 8. He shall, on the last Saturday in March of each
year, make a final settlement with the City Treasurer, in the
presence of the Mayor, when he shall snake a written state-
ment on oath, showing a full account of his receipts and dis-
bursements, which shall be presented to the City Council for
their approval.
SEc. 9. He shall attend all sessions of the city court
when in operation, preserve order therein, and execute the
process and order of the same. He shall keep safely all
property found in the possession of any one arrested for crime,
and deliver over the same by order of the court by whom such
person may be tried.
SEC. io. He shall notify the City Attorney of all prose-
cutions brought for violation of any city ordinance wherein
his services may be required, before the same is submitted for
trial; shall attend all meetings of the City Council, and do
the duties of sergeant -at -arms when required.
SEc. ii. If the City Marshal neglect or refuse to
serve any process or notice duly issued to him by any au-
thorized officer of the city, or neglect any of the duties of his
said office, or shall discharge the same in a partial or impro-
per manner, or shall make a false return, he shall forfeit and
pay to the city a fine of, not less than ten, nor more than'one
hundred dollars in each case.
REVISED CITY ORDINANCES. 41
CHAPTER XIII.
AN ORDINANCE to define the duties of the Treasurer of
the City of Dubuque.
SEC. I. To collect and safely keep all SEC. 3. To be collector of city.
money 4. To turn over books at end of
2. To pay money on orders. term.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That the Treasurer of the city shall collect,
receive and safely keep all moneys due or to be paid to the
city, and for every sum so received by him he shall execute
and deliver to the person from whom such sum shall be re-
ceived duplicate receipts, and shall at the same time inform
such person that said receipts will not be valid or binding on
the city until one of them shall be left with and the other
countersigned by the City Auditor, which statement shall be
also printed or written on the face of such receipt, and no
receipts issued by said Treasurer shall be of any binding
force or effect whatever against the city until the same shall
have been so countersigned. He shall keep true and correct
accounts with each fund of all receipts into and disburse-
ments from the City Treasurer, and shall at the close of each
month prepare and file with the City Auditor a statement of
the same for the ino:ath next preceding, and of the amount
of money then in the treasury. He shall keep a record of
all orders paid by him or received in payment of any dues
to the city, stating the number and amount of the same, to
whom payable, on what fund drawn, when presented, and
shall return all such orders to the Auditor to be cancelled
weekly at the close of business on Saturday, and shall at the
same time return to said Auditor to be cancelled all paid
bonds or coupons which may have been received, and shall,
whenever required by the Finance Committee of the City
Council, submit to the inspection of said committee all
books, papers and money and other property of the city in
his possession or under his control.
42 REVISED CITY ORDINANCES.
SEc. 2. The Treasurer shall pay money from the city
treasury only upon orders drawn upon him by the City Re-
corder, which orders shall be signed by the Mayor, or, in his
absence, by the president pro tem. of the City Council, at-
tested by the Recorder and countersigned by the Auditor,
and all orders so drawn and paid shall be vouchers for his
disbursements, and if on presentation for payment of any
order so drawn there ;be no money in the treasury belonging
to the fund out of which said order is made payable, he shall,
if required, endorse on such order the date of presentation,
and keep a record of the satne.
SEC. 3. The Treasurer shall be ex-officio the collector
of the city, and shall perform all the duties required by law
or ordinance to be performed by the city collector.
SEc. q. At the expiration of his term of office, the City
Treasurer shall turn over to his successor in office all books,
papers and moneys in his possession as Treasurer and Col-
lector, taking a receipt for the same, and shall make a full
and final report of his doings to the City Council previous to
his surrendering his trust.
Section i amended August 6, 1888.
CHAPTER XIV.
AN ORDINANCE to define the duties of City Auditor.
SEC. 1. To be general accountant.
2. To countersign all warrants.
3. To keep separate accounts.
SEC. 4. To adjust all accounts.
5. To see that officers report.
6. To attend office.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That the Auditor shall be the general ac-
countant of the city, and shall receive and preserve in his
office all city account books and all vouchers, documents and
papers relating to the accounts and contracts of the city, its
revenue, debt, and fiscal affairs, whether between the city
and any officer thereof, or between the city and any person
REVISED CITY ORDINANCES. 43
or body corporate, except when such vouchers, documents or
papers are, by ordinance, placed in the custody of some other
officer.
SEC. 2. It shall be the duty of the Auditor :
First —To examine, audit and adjust all claims against
the city, for the payment of which any money may be drawn
out of the treasury, and to certify to the City Council the
balance or true state of such accounts, claims or demands.
Second —To keep in proper books in a correct and legi-
ble 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 war-
rants drawn on the treasury, specifying the date, number and
amount, the name of the person to whom, and out of what
fund payable.
Fourth —To deliver to the persons entitled to receive the
same, all warrants drawn on the treasury when called for,
taking receipts therefor and charging the same when deliv-
ered to the proper accounts.
Fifth —To keep an account of all debts due to or from
the city, and a bill book into which he shall enter all bonds,
notes and other obligations given by or payable to the city,
with the names of the person or persons by or to whom, the
time when, and the place where the principal and interest
are payable, with the rate of interest.
Sixth —To keep in proper books the accounts between
the city and the City Treasurer, charging him with all moneys
received into the treasury, specifying the source from which
said moneys have been received, and crediting him with all
warrants drawn on the treasury and paid by him.
44 REVISED CITY ORDINANCES.
SEC. 3. The Auditor shall keep separate accounts with
the different funds in the treasury, and of any revenue which
may be set apart and appropriated for any particular object
by law, ordinance or resolution of the City Council.
SEe. 4. Whenever, upon the adjustment of any account,
a sum of money shall be found by the Auditor to be due to
the city from any city officer, and the same shall not be paid
into the City Treasury within ten days after the adjustment of
the account, the Auditor shall certify the amount due, to the
City Council at its next meeting thereafter. He shall, when
required, furnish the City Council with copies or abstracts of
any books, accounts, records, vouchers, or documents in his
office, or any information in relation to anything pertaining
to his office, or to the revenue of the city, and shall at all
times permit any member of the Council to examinine the
books, papers, or documents in his office.
SEe. 5. The Auditor should see that all officers having
the collection or receipt of money for the city, shall snake
report and payment of the same, at the time required by ordi-
nance, or when not so required, within a reasonable time,
and on failure of any officer to make such report and pay-
ment, the Auditor shall notify the Council at their next
regular meeting thereafter. He shall snake and present to
the City Council semi-annual reports, in proper form for pub-
lication, of all receipts and expenditures of money belonging
to the city for the six months preceding the date of such
reports, ending with the months of February and August in
each year.
SEe. 6. He shall be in attendance at his office for busi-
ness from the hour of 9 A. M. to 12 M., and from 2 to 4 P. M.,
of each secular day, legal holidays excepted.
REVISED CITY ORDINANCES. 45
CHAPTER XV.
AN ORDINANCE to define the duties of City Attorney.
SEC. 1. Duties of City Attorney. Sec. 2. Must be licensed to practice Law.
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. That it shall be the duty of the City
Attorney :
First —To prosecute and defend all suits and actions to
be brought or pending in any court in this state to which the
city is a party, or in which, in the opinion of the Council,
the interests 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 commit-
tees, or any city officer, on such legal questions as may at
in relation to the business of the city, and when required by
the Council shall give his opinion in writing.
Third —He shall keep a book or docket, in which he
shall enter an abstract of all suits in which the city is a party,
commenced or pending, stating the names of parties, when
brought, and in what court, nature of action, names of wit-
nesses, what steps have been taken, and what are necessary
to be taken, before the trial or next term of the Court, and
all other facts and particulars which may be necessary to
enable his successor to manage the case understandingly,
which book or docket shall be the property of the city, and
at the expiration of his term of office shall be delivered to
his successor, or any other person legally authorized to de
mand or receive the same, together with all other books and
papers which may be in his possession in his official capacity.
Fourth —He shall perform all other services in the line
of his profession, connected with the business of the city, not
46 REVISED CITY ORDINANCES.
herein enumerated, and shall in all cases be subject to the
direction of the City Council.
Fifth —He shall report to the City Council at the first
regular meeting in March in each year, an abstract of all
cases in which he has been engaged in behalf of the city,
since his election or appointment, with the result or condi-
tion of the same.
SEc. 2. No person shall be eligible to the office of City
Attorney unless he shall have been licensed to practice in
any of the courts of this state for at least one year previous to
his election.
CHAPTER XVI.
AN ORDINANCE to provide for the appointment of a City
Engineer for the City of Dubuque, and to define his
duties.
SEC. 1. City Council may appoint
2. Duty of Engineer.
3. To survey and plat streets.
SEC. 4. To make suitable plats.
5. Appointment of assistants.
6. To have charge of plats.
Be it Ordained by the City Council of the City of Dubuque :
SECTION i. That whenever they shall deem it expedient
the City Council shall appoint some suitable person as City
Engineer for the City of Dubuque, who, before he enters
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 successor
shall be duly appointed and qualified : Provided, that such
term of office shall not continue after the annual city elec-
tion in any year, and such office may be discontinued at any
time by vote of the City Council.
SEC. 2. That it shall be the duty of the City Engineer,
at any time when required by the City Council, to survey and
REVISED CITY ORDINANCES. 47
plat, and make as accurate an estimate as practicable of any
improvement in the streets, alleys and highways of said
city, contemplated or proposed by said Council, and in mak-
ing such survey the said Engineer shall designate by suitable
marks and stakes placed in the ground, the situation and
character of such improvement as surveyed and estimated by
him, so that the same may be examined by any person desir-
ing to contract for doing the same.
SEC. 3. That whenever required by the City Council
the City Engineer shall survey and plat any street or high-
way, contemplated to be opened in said city, and shall return
the same to the City Council, accotnpanied by such notes
and explanations as shall present a clear description of the
route of such contemplated street or highway, with a desig-
nation 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. q.. That the said Engineer shall, as soon as prac-
ticable, ascertain and designate upon suitable plats thereof,
to be by hitn prepared, the grade of each street or alley,
hereafter opened in said city, and shall also designate the
same by some suitable post or mark, fixed at each crossing,
or on some permanent monument near thereto, and shall
report the same to the City Council for their consideration,
and in case the Council shall make any change in the grade
of any street or alley, the Engineer shall designate such
change upon the monument by him placed or designated, as
aforesaid.
SEC. 5. The City Council may by resolution, whenever
deemed expedient, authorize the City Engineer to appoint
one or more assistants, who shall be educated and competent
civil engineers, and possessing the same qualifications as the
City Engineer, to assist him in the discharge of his official
48 REVISED CITY ORDINANCES.
duties, but no appointment of any assistant engineer shall
take effect until the City Engineer shall in writing submit
such appointment, and the compensation proposed to be paid,
to the City Council for its approval. The vote on the ques-
tion 'of such approval shall be by ballot, and a majority of
all the Aldermen shall be required to confirm the appoint-
ment. Any person so appointed and confirmed Assistant
City Engineer shall . hold his position during the pleasure of
the Council, unless appointed for a certain specified time, to
be stated by the City Engineer in his communication sub-
mitting the appointment to the Council. He shall discharge
his duties under the direction of the City Engineer, and be
subject to his supervision. The time and services of the City
Engineer and Assistant City Engineer while holding their
several official positions, shall be devoted exclusively to the
City of Dubuque, and to the performance of the duties imposed
upon the City Engineer by ordinance, and the instructions of
the City Council. It shall be the duty of the City Engineer
to provide, as far as practicable, that his office in the City
Hall shall be at all times open for business during ordinary
business hours, and that either himself or an assistant, or
other authorized person, shall be present therein for the pur-
pose of affording facilities for the examination of the maps,
plats, grades, and other official records of the office by all
persons desiring access thereto, and of rendering information
in relation to the same.
SEC. 6. That it shall be the duty of such engineer to
take charge of all the books, plats and surveys of streets, al-
leys and 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.
Section 5 adopted May Irth, 1891.
REVISED CITY ORDINANCES. 49
CHAPTER XVII.
A ORDINANCE to provide for the appointment of a Street
Commissioner, and to define his duties.
SEo. 1. City shall appoint.
2. To take charge of streets.
3. To report plans and estimates.
Sac. 4. Duty to keep streets in order.
5. To be peace officer•
Be it Ordained by the City Council of the City of Dubuque.
SECTION I. That whenever they shall deem it expe-
dient 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 his office for the
term of one year, and until his successor shall be duly ap-
pointed and qualified: Provided, That such term of office
shall not continue after the annual city election in any year,
and such office may be discontinued at any time by a vote of
the City Council.
SEc. 2. That it shall be the duty of the Street Commis-
sioner to take charge of all the streets, alleys and highways
in the city, and to superintend all work being done thereon,
whether under contract or otherwise. He shall also from
time to time report to the City Ccuncil, for their action, the
condition of the streets, alleys and highways, and whenever,
in his judgment, any action of the Council is necessary in
relation thereto, he shall so report with a suggestion of what
action he considers proper, with an estimate of the expense
necessary to be incurred in carrying out the same.
SEC. 3. That whenever required by the City Council
he shall, in connection with the City Engineer, carefully
examine and report to the City Council a plan and estimate
as nearly accurate as practicable, of any contemplated im-
provement or alteration in any street, alley or highway in
said city; and whenever any such improvement is in progress
50 REVISED CITY ORDINANCES.
it shall be the duty of the Street Cotntnissioner, at least once
in each month to report, in writing, to the City Council the
progress and condition of, such improvement, and faithfully
to observe and report whether any breach is made of the
terms of any contract in pursuance of which any such im-
provement or work may be in progress, and no work done
under any contract shall be finally paid for, or the contractor
released, until the same shall be reported complete by the
Street Commissioner.
SEC. 4. That it shall also be the duty of the Street
Commissioner 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 from
filth and all nuisances, the streets and highways of the city.
SEC. 5. The Street Commissioner shall be a peace
officer in and for the city, and shall have power to arrest,
with or without warrant, any person whom he shall find en-
gaged in the violation of any ordinance of the city.
CHAPTER XVIII.
AN ORDINANCE to provide for the appointment of a
Sidewalk Commissioner, and prescribing his duties.
3.
Be it Ordained by the City Council of the City of Dubuque
SECTION I. That the City Council shall in April of
each year appoint some competent person to the position of
Sidewalk Commissioner.
SEc. 2. That it shall be the duty of such Sidewalk
Commissioner to promptly repair all defects in sidewalks
SEC. 4.
5.
6.
7.
8.
SEc. 1. Appointment of Sidewalk Com-
missioner.
2. Shall repair defective sidewalks,
and report location of same
monthly.
Special tax for repairs.
To report monthly.
To remove obstructions.
Mayor may remove.
To give bond.
Compensation of.
REVISED CITY ORDINANCES. 51
wherever found in the City of Dubuque. It shall also be his
duty to report monthly in writing to the City Council the
location, cost, character of defect, description of lot and
name of owner of lot in front of which such defect existed,
and name of persons actually making the repairs.
SEc. 3. That at the first regular session of the City
Council in each month a special tax shall be levied to pay for
the repairs contemplated in Section two (2) hereof ; Provided,
that a notice of the Council's intention to levy such a tax
shall have been published in the official papers of the city
for ten days prior to such levy.
SEC. 4. It shall be the duty of such Sidewalk Commis-
sioner to report monthly in writing all such sidewalks as are
in such dilapidated condition as to need relaying. And said
Council shall thereupon, if deemed necessary and proper, by
resolution order such new sidewalks laid at the expense of
the abutting property. The said Sidewalk Commissioner
shall award the contract to the lowest responsible bidder, and
superintend the construction of such new sidewalks, and
prepare special assessment notices for presentation to the City
Council.
SEC. 5. It shall be the duty of such Sidewalk Commis-
sioner to cause to be removed all unlawful obstruction from
the streets and alleys and sidewalks in the city.
SEc. 6. The Mayor shall have authority to remove said
Sidewalk Commissioner for neglect of duty or other cause
at his pleasure.
SEc. 7. The said Sidewalk Commissioner shall give a
bond conditioned for the faithful and strict performance of
his duties in such sum as may be fixed 'by the City Council.
SEc. 8. That said Sidewalk Commissioner shall receive
such compensation as may be fixed by the City Council.
Adopted April 25, 189o.
52 REVISED CITY ORDINANCE S.
CHAPTER XIX.
AN ORDINANCE in relation to to the Public Landing
and to regulate Wharfage.
SEC. 1. Harbor Master. SEC. 5. No wharfage on boats.
2. Duty of Harbor Master. 6. Wharfage on Wood.
8. Steamboat landing. 7. Penalty. .
4. Private wharfboats on levee 8. Resisting officer punished.
prohibited.
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. That the City Council may, whenever
they shall deem it expedient, appoint a Harbor Master, who
shall remain in office during the pleasure of the Council, but
not to exceed one year, unless reappointed. He shall have
power to act as a police officer, and to arrest without war-
rant any person whom 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. 2. That it shall be the duty of the Harbor Master'
to collect from all boats and rafts such rates of wharfage as
may be fixed by ordinance, to keep a true and correct ac-
count of the same, and to pay the amount into the City
Treasury once in .each month. He shall assign places for
all boats and rafts and for all freight landed, and shall possess
all requisite authority to cause the same to be removed to the
places assigned : Provided, That no boat or raft shall be com-
pelled to leave any place while discharging 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 Master.
SEC. 3. That the portion of the public landing south of
First street is hereby exclusively appropriated as a steamboat
landing, and no raft or boat excepting steamboats and barges
shall land thereat: Provided, That the Harbor Master may
REVISED CITY ORDINANCES. 53
allow other boats and rafts to land freight at any point
whereby the convenience of the owners will be promoted, if
the landing of steamboats and their barges will not, in his
opinion, be interfered with in any manner by such landing.
SEc. ¢. No steamboat company or person or persons
shall, without permission of the City Council, place or sta-
tion during 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 salve shall not be so removed, it shall be the
duty of the Wharf Master to remove the same away from the
front of the paved wharf and landing belonging to the city.
SEC. 5. No wharfage shall be collected of any boat or
barge from which shall be landed any article subject to
wharfage by the preceding section, except as therein specified;
Provided, That any boat or barge landing any other freight
shall be subject to the customary rate or wharfage.
SEC. 6. There shall be collected on all wood landed
upon the public landing, wharfage at the rate of two cents
per cord. No wood shall be permitted to remain upon the
landing for a longer time than three days without consent of
the Harbor Master, and any wood which shall remain upon
the public landing for a longer time than three days after the
Harbor Master shall have given notice to the owner or person
having charge -of such wood to remove the same, shall be
subject to wharfage at the rate herein provided for, each three
days that same shall so remain.
SEc. 7. If any person commanding any steamboat, water
craft, or raft, or having in charge any lumber or wood, liable
54 REVISED CITY ORDINANCES.
to pay wharfage to the city, shall land the same within the
limits of the city, and neglect or refuse to pay the wharfage
above specified, on demand being made therefor by the
Harbor Master, he shall be deemed guilty of a misdemeanor,
and upon conviction thereof, before any Justice of the Peace,
or other court, shall be fined not less than five, nor more than
one hundred dollars.
SEc. 8. If any person shall resist, or in any manner aid
or abet in resisting the Harbor Master while in the discharge
of his duties, or shall neglect or refuse to obey any lawful
order given by him in the discharge thereof, he shall be
guilty of a misdemeanor, and on conviction thereof, shall be
fined not less than five, nor more than one hundred dollars.
CHAPTER XX.
AN ORDINANCE to provide for regulating Weights and
Measures.
SEC. 1. Council to appoint Inspector. SEC. 4. To inspect each year.
2. Duty to inspect weights. 5. Entitled to fees.
3. Duty to mark them inspected. 6. To register.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That the City Council shall appoint in each
year an inspector of weights and measures, and shall provide
correct and appropriate standards for the purpose of testing
and proving all weights, measures, scales, beams, steel yards
and other weighing instruments, which said standards shall
conform to the standards of the state and county, as estab-
lished by law.
SEC. 2. That every person engaged in the buying or
selling of goods, fvares or merchandise, using weights, meas-
ures, scales, beams, steel yards, or other weighing instru-
ments, in weighing or measuring any article intended to be
purchased or sold in this city shall cause such weights, meas-
REVISED CITY ORDINANCES. 55
ures, scales, beams, steel yards or other weighing instru-
ments to be sealed and marked by the inspector and sealer of
weights and measures for said city, and if any person shall
use any weights, measures, scale, beam, steel yard or other
weighing instruments for weighing or measuring any article
for purchase or sale in said city, not so sealed or marked as
aforesaid, or shall use in buying or selling any false weights,
measures, scales, beams, steel yards, or other weighing or
measuring instruments, whether the same shall have been
inspected and sealed as aforesaid or not, he shall forfeit the
penalty of not less than five dollars nor more that fifty dol-
lars for each offense.
SEC. 3. That it shall be the duty of said inspector and
sealer to mark and seal all weights and measures, scales,
beams, steel yards and other weighing instruments, which
he shall find to conform or which shall be so adjusted as to
conform to the established standards.
SEc. 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 may think
proper, all weights, measures, scales, beams steel yards, or
other weighing instruments used in said city for measuring
and weighing as aforesaid, and if any person shall refuse to
exhibit such weights, measures, scales, beams, steel yards, or
other weighing instruments to the said inspector and sealer,
for the purpose of examination and inspection as aforesaid,
such person shall forfeit the penalty of five dollars for each
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.
SEc. 5. That the Inspector of Weights and Measures
shall be entitled to receive as fees for inspecting, regulating
56 REVISED CITY ORDINANCES.
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 for weighing i,000 pounds and upwards, fifty cents
each ; for smaller denominations, twenty-five cents each ; for
weights single, five cents, but not to exceed twenty-five cents
for a set or part of a set ; for dry measures, bushel or half
bushel, ten cents; smaller denominations, five cents each; for
wine measures, three gallons and upwards, ten cents; smaller
denominations, five cents each ; for each yard measure, five
cents. But it shall not be lawful for the Inspector to collect
or receive the aforesaid charges for inspecting and examining
weights, measures, scales, beams, steel yards and other
weighing instruments, more than once in each year, from the
same person for the same instrument, unless not found con-
fortnable to the standard.
SEc. 6. That it shall be the duty of said inspector and
sealer to make a regular register of all the inspections and
examinations, in which he shall state the names of the per-
sons for whom such inspections and examinations were made
and whether the weights, measures, etc., conformed to the
standards, and it shall also be his duty to report to the City
Council the names of all persons whose weights, measures,
scales, beams, steel yards and other treasuring instruments
are not correct, and to deliver a copy of his said register to
the Recorder.
REVISED CITY ORDINANCES. 57
CHAPTER XXI.
AN ORDINANC to establish and regulate Markets, and the
sale of Meats, Etc.
SEC. 1. Market Building. SEC. 13.
2. Rent of stalls. 14.
3. Care of Market Master. 15.
4. Not open on Sunday. 16.
5. Purchaser not sell again. 17.
6. Unsound meat prohibited.
7. No person to lounge in. 18.
8. Not to sell outside without license.
9. Market "how understood." 19.
10. Not to sell outside. 20.
11. Guilty of offense,punished.
12. No dealer to buy between hours of 21.
JO. p. in. and 8 a. m.
Be it Ordained by the City Council of the City of Dubuque:
SECTION i. That the building on Thirteenth street, be-
tween Clay and Iowa streets, known as the Central Market,
or so much thereof as may be used for market purposes, with
the ground adjoining the same owned by the city, with as
much of the streets adjacent thereto as may be necessary for
the purpose, is hereby established as a public market, and to
be kept as such under the direction of such person as the
City Council may appoint to perform the duties of Market
Master.
SEc. 2. That the rent of stalls in said market, and of
stands on the grounds adjacent to the same, shall be fixed by
the City Council in each year, prior to the first day of May,
or whenever such stalls and stands may become vacant. The
choice of stalls and stands, at the rent fixed by the Council,
shall be offered for sale on the premises, by the Market Mas-
ter, or City Marshal, on the first day of May in each year
(or on the second day if the first day shall be Sunday) at an
hour between 9 o'clock A. M. and 4 o'clock P. M. ; Provided,
Penalty for using stall.
Not to tie legs of fowl.
Not to tie legs of sheep.
Not effect Merchants.
Selling meat without license pro -
prohibited.
Selling less than by quarter by
farmers unlawful.
Penalty for violation.
Meat to be weighed by public
Weigher.
Penalty.
That the lessee of any stall or stand have the privilege of
leasing the same for another year, at the rent fixed by the
Council. The sale may be adjourned, for good cause, not
58 REVISED CITY ORDINANCES.
longer than one week. The highest bidder for any stall or
stand shall be entitled to a lease of such stall or stand for the
term of one year, on payment to the Treasurer of the rent and
premium, in cash. Leases signed by the Mayor and Recorder
shall be issued to persons entiled thereto. If any stall or stand
shall not be leased at the regular sale, or shall at any time
become vacant, the Council may appoint a day for leasing
such stall or stand in the manner herein provided.
SEc. 3. The Market Master shall exercise general care
and supervision over the market house and grounds, shall
assign places to all wagons and dealers, 'and shall preserve
order during market hours. He shall see that the market is
properly cleaned, and that all dirt or offensive matter of any
kind is removed at the close of each market day, and that
the market is opened and closed at the hours fixed by the
Council. It shall be his duty to see that all ordinances in
relation to the market is strictly enforced. He 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 used for food. He shall cause all
articles of less weight than represented by the seller which
shall be offered or exposed for sale with intent to defraud to
be seized and sold, and the proceeds thereof paid into the
City. Treasury.
SEc. ¢. The market shall be open daily (Sundays ex-
cepted) during such hours as the City Council shall by resolu-
tion from time to time determine. No provisions or other
articles shall be sold in said market except during market
hours.
SEc. 5. No person after having purchased in market
any meat, poultry, game, fish, butter, eggs, fruit, vegetables
or other articles shall sell or offer for sale the same in any
market place in the city. No person attending market for
the purpose of selling shall purchase any article sold in the
REVISED CITY ORDINANCES. 59
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 watered, or in any manner
adulterated milk food or produce of any kind, or sell or ex-
pose or offer for sale any tainted, putrid, blown, flated, raised
or unsound meat, fish, eggs, poultry or other article of food.
No person shall offer for sale chickens with their limbs tied
at any place in the city.'
SEc. 7. No person not having lawful business in market
shall idly sit, walk, lounge or lie in or about the market
place, nor shall the smoking of tobacco be allowed therein
during market hours. No dog, slut or other offensive anim al
shall be permitted in the market house at any time, nor shall
any person bring or suffer to come into or upon the market
place during market hours any unruly or dangerous animal
of any kind.
SEc. 8. That the City Recorder is hereby authorized to
issue a license to any person or persons to sell or expose for
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 ou, and the
articles which he proposes to sell. The City Council shall
fix the amount to be taxed for such license, and the Recorder
shall, upon the production of the Treasurer's receipt for the
amount so fixed, issue a license to such person for the purpose
specified. No person shall by himself or agent sell or expose
for sale any fresh meats, poultry or fish without such license,
under a penalty of not less than five nor more than ten dollars.
SEc. 9. Whenever the words "in market" are used in
this ordinance, they shall be understood to refer to the mar-
60 REVISED CITY ORDINANCES.
kets of the city as established by ordinance for the sale of
meat and vegetables.
SEC. Io. No person shall sell, or offer or expose for sale,
upon any of the streets of the city not included in the market
place, established by ordinance for the sale of such articles,
any game, butter eggs, fruit or vegetables of any kind.
SEc. II. Any person who shall commit any act or
offense prohibited in this ordinance, for which a penalty is
not otherwise herein provided, shall forfeit and pay, upon
conviction, a fine of not less than one dollar, with costs of
prosecution.
SEc. 12. No person shall buy for the purpose of selling
again, any fresh meat, fish, poultry, butter, eggs, vegetables
or fruit of any kind in Market after Io o'clock P. M. or before
8 o'clock A. M. of any market day ; and any person so offend-
ing shall forfeit and pay upon conviction a fine of not _ less
than five dollars nor 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
shall be used for the purpose aforesaid.
SEC. 14. That it shall be unlawful for any person to
have, keep or expose for sale, at the Central Market, or on any
street, alley, or sidewalk, or in any house-, store or shop,
within the limits of the City of 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 fined not less than one nor more than
five dollars.
REVISED CITY ORDINANCES. 61
SEc. 15. That it shall be unlawful for any person to
have, keep or expose for sale at the Central Market, or in
any house or shop, or in any street, alley or sidewalk within
the limits of the City of Dubuque any sheep, lamb, calf, hog,
pig or other domestic animal with the legs of the same tied
with a string, cord or rope, and any person who shall be
found guilty of such offense shall be fined not less than one
nor more than ten dollars.
SEc. 16. Nothing herein contained shall be construed
as to prohibit merchants or commission merchants from buy-
ing and selling poultry and fish in the usual way to their cns-
tomers, nor shall this ordinance apply to or effect pork
packers, who have taken out a license to carry on such
business.
SEc. 17. That it shall be unlawful for any person not a
producer, but one who makes it his principal business to buy
for the purpose of selling again, fresh beef, veal lamb, mut-
ton, pork, poultry or farm produce, except merchants doing
business in said city, to sell or expose for sale in said city
any fresh meats of the kind above set forth, in any quantity,
without first procuring a license therefor, the same as
butchers, and as provided in Section 1 of an ordinance "To
authorize the sale of meats, poultry and fish outside the
established markets, passed October 2, 1876," being Section
8 of this ordinance.
SEC. 18. That it shall be unlawful for any merchant,
farmer or producer to sell or expose for sale in said city any
fresh meats of the kind set forth in Section 17 hereof in
any quantity less than a quarter without first procuring a
license therefor, the same as butchers, and as provided in
Section 1 of an ordinance " To authorize the sale of meats,
poultry and fish outside the established markets," passed Oc-
tober 2, 1876.
62 REVISED CITY ORDINANCES.
SEC. 19. That any merchant, farmer, producer, or
other person, who shall violate the provisions of sections 17
and 18 of this ordinance, shall, upon conviction thereof, be
fined not less than five, or more than ten dollars, with costs
of prosecution.
SEC. z0. That it shall be unlawful for such persons as
are described in sections 17 and 18 of this ordinance, to sell
in said city any fresh meats of the kind and quantity therein
provided for, without first having the same weighed by the
Marketmaster or some public weigher, and receiving from
said Marketmaster or public weigher a certificate of such
weight, and paying therefor io cents for each quarter of
beef and 5 cents for each quarter of veal, mutton or,lamb.
SEC. 21. Any person violating the provisions of section
zo hereof, shall, upon conviction thereof, be fined not less
than one or more than five dollars, with costs of prosecution.
Section 12 adopted July 8, 1887.
Section 6 amended February 6, 1888.
Sections r and 2 adopted January 6, 1893.
CHAPTER XXII.
AN ORDINANCE to establish Hay, Wood and Grain
Markets and regulating same.
SEC. 1. Hay and Wood Market.
2. Not to occupy streets.
3. Hay to be weighed.
3a. Coal to be weighed.
4. Not to falsify certificate.
5. Penalty for violation.
SEc. 6. Not to obstruct street with wood
wagons.
7. Establishing Grain and Pork
Market.
8. Grain to be weighed and price.
9. To regulate scale.
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 216 in East Dubuque addition to
the City of Dubuque, Iowa, and composing the block situated
between Fourteenth and Fifteenth streets and Pine and Elm
REVISED CITY ORDINANCES. 63
streets in said city are hereby set apart and established as a
hay and wood market for said city.
SEC. 2. That no person having charge of any hay team
shall allow the same, while waiting to sell their loads, to
stand upon or occupy any other grounds or streets, or any of
the streets upon which said lots, hereby set apart and estab-
lished as a hay market, front. And it shall be the duty of
such persons to place their teams on said lots so as not to
obstruct the streets or sidewalks on which said lots abut.
SEc. 3. That any person selling, or offering to sell,
within the limits of the city, any hay to be consumed therein,
shall cause the same to be weighed upon the public hay scales
of the city, and obtain a certificate of the weight thereof from
the weigher, and the said weigher shall, and it is hereby
made his duty to write said certificate with ink.
SEc. 3a. That any person selling or offering to sell,
within the limits of the city, any coal, to be consumed therein,
in less than car load lots, shall cause the same to be weighed
upon the public scales of the city, and obtain certificates of
the weight thereof from the weigher, and the said weigher
shall write the certificate in ink, and shall receive therefor
from the owners or person offering such coal to be weighed
the sum of five (5) cents for each draft.
SEc. 4. No person who shall have had any hay weighed,
as aforesaid, shall diminish the weight thereof, or in any way
falsify the certificate of the weigher, or shall suffer the same
to be done, with intent to deceive or otherwise.
SEc. 5. Any person wilfully disregarding or violating
this ordinance, or any part of the same, shall, for each offense,
be subject to a penalty of not less than one nor more than
five dollars, including costs of prosecution.
64 REVISED CITY ORDINANCES.
SEC. 6. That no person having charge of any wood
team shall allow the same to stand upon or occupy any other
streets or grounds, while waiting to sell their loads, than the
place hereby established as a Wood Market, and it shall be
the duty of such persons to place their teams each side
of said streets, so as 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 of prosecution.
SEe. 7. That Main street, between First and Jones
streets, on both sides of the First Ward Market House,
including said Market House, so long as the Council shall
permit the 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 Couler avenue
and White street, are hereby set apart and established as a
grain and pork market, and that any person who shall pur-
chase for the purpose of selling again, any pork, or any grain
of any description, brought into the city on any wagon or
sled, in any part of the city than at the. market hereby estab-
lished, shall be subject to a penalty of not less than five
dollars, with costs of prosecution:
•
SEc. 8. The Public Weigher and his deputies appointed
under the provisions of "An Ordinance to regulate the
weighing of dressed hogs," shall also be the weighers of
grain, and shall weigh any grain offered to be weighed on
their scales, and shall receive therefor, from the owners or
persons offering such grain to be weighed, the sum of fifteen
cents for each draught.
SEC. 9. The Sealer of Weights and Measures shall ex-
amine and regulate such scales, when requested by the
weigher, without charge. And any person who shall wil-
fully injure such scales, or shall, with intent to defraud,
REVISED CITY ORDINANCES.
65
change or alter any part of the same, or any of the weights
belonging thereto, shall be subject to a fine of not less than
twenty dollars, with costs of prosecution.
Section i adopted November 5, 1888.
Section 3 adopted December 3, 1888.
CHAPTER XXIII.
AN ORDINANCE to regulate the weighing of Dressed
Hogs.
SEC. 1. Public Weigher.
2. All hdgs to be weighed.
3. Penalty for violating.
SEC. 4. Fines to be paid city.
5. Who eligible as weigher.
6. When operative.
SECTION I. The City Council shall appoint in each
year the public weighers provided for in the ordinance re-
garding the use of public scales, being Chapter twenty-
four of the Revised Ordinances, who shall be author-
ized by this ordinance to employ the necessary num-
ber of deputies, all of whom shall be approved by the
City Council. Each of said Weighers shall provide himself
with the necessary scales and platforms, and at as convenient
a locality, or localities, as may be designated and approved
by the City Council, and such person, or persons so appoint-
ed, shall weigh all dressed hogs sold within the limits of the
City of Dubuque, and said Weigher, or Weighers, shall re-
ceive, as compensation therefor, for three hogs, or less than
three, ten cents each; for loads of more than three, five cents
each. On each hog so weighed said Weigher shall mark
distinctly the weight, and shall furnish the seller with a cer-
tificate of all hogs weighed, on which each separate weight
shall be marked, and in all cases the seller shall pay for
weighing as above; Provided: That said weigher shall report
monthly in writing to the City Council the number of hogs
weighed by him upon each scale, and shall pay into the City
Treasury each month a sum equal to 15 per cent. of gross
receipts for hog weighing in the city.
66 REVISED CITY ORDINANCES.
SEC. 2. All persons selling dressed hogs in the City of
Dubuque, shall have them weighed, as above provided.
SEC. 3. Any person selling or buying any dressed hog,
or hogs, without having them weighed as provided for in this
ordinance, shall be subject to a fine of not less than five
dollars, nor more than twenty dollars for each offense, and
in addition thereto, all costs that may accrue in the enforce-
ment of collection.
SEC. 4. All fines shall be collected as by law provided,
and when so collected, shall be paid over at once, by the
court having jurisdiction, to the Treasurer of the city.'
SEc. 5. No person shall be eligible to the office of
Weigher as provided for in this ordinance, who shall be in
any way, directly or indirectly, interested in the purchase and
sale of dresssd hogs.
SEc. 6. This ordinance shall be operative only from
November ist, in each year, to the '15th day of March, in
the following year.
CHAPTER XXIV.
AN ORDINANCE regulating the use of Public Scales.
SEC. 1.
2.
3.
4.
5
Council to elect Weigher.
To obtain Certificate.
Not to falsify Certificate.
To keep Scales in good order.
Weigher to weigh Cattle and Hogs.
SEC. 6 Market Master to weigh.
7. To receive 10 cents each draught
8. To report to Council.
9. Penalty one to five dollars. •
Be it Ordained by:the City Council of the City of Dubuque :
SECTION I. That there shall be appointed by the City
Council, as soon as practicable, after the annual election in
each year, Weighers of hay for said city, who shall have
charge of the public hay scales in said city, who shall be
qualified according to law, and give bond, and who shall
REVISED CITY ORDINANCES. 67
hold their office until their successors are appointed and
qualified.
SEC. 2. That any person selling, or offering to sell,
within the limits of the city, any hay to be consumed therein,
shall cause the same to be weighed, and obtain a certificate
of the weight thereof from the Weigher.
SEC. 3. No person who shall have had any hay weighed
as aforesaid, shall diminish the weight thereof, or in any way
falsify the certificate of the Weigher, or shall suffer the salve
to be done, with intent to deceive.
SEC. 4. That it shall be the duty of each Weigher,
either by himself or some deputy by him appointed, for whose
acts he shall be responsible, to be in readiness at all times at
some convenient place to be by him designated, to attend to
the business of weighing hay, as provided in this ordinance.
And he shall keep the public hay scales in good order and
repair, and shall cause the accuracy thereof to be tested
from time to time, whenever the City Council may require,
or whenever the same may have become inaccurate from any
cause.
SEc. 5. That the said Weigher shall attend to the weigh-
ing of hay, cattle, hogs, or whatever else may be offered to
be weighed on said scales, and shall be entitled to receive
from the person procuring the same to be weighed, the sum
of ten cents for each draught, and shall not knowingly give
any false certificate of such weighing. They shall keep
accurate account of all articles weighed on said scales ; the
number of draughts and the fees therefor received, and shall,
once in every month, render an account thereof to the City
Council, and at the time of such accounting pay to the City
Treasurer all money received for weighing on said scales not
previously accounted for.
68 REVISED CITY ORDINANCES.
SEc. 6. That the Market Master of the Central Market
shall, at any time during market hours attend, if required,
to weighing upon the platform scale provided for use at said
market, any meat, poultry or other articles of provisions, or
any article usually sold by weight in said market.
SEC. 7. All persons are hereby prohibited from charg-
ing or receiving any fee or reward for weighing any of the
articles, the weighing of which is provided for in the fore-
going section, except that the Market Master for weighing,
as therein provided, shall be entitled to receive from the
owner of the articles weighed the sum of ten cents for each
draught.
SEC. 8. The Market Master shall at the close of each
month report to the Council, stating the amount of money
received by him under this ordinance during the month
immediately preceding, and shall pay into the treasury the
amount so received.
SEc. 9. Any person wilfully disregarding or violating
this ordinance, or any part of the sane, shall be subject to a
penalty of not less than one or more than five dollars for
each offense.
CHAPTER XXV.
AN ORDINANCE providing for the appointmentrofan In-
spector of Wood, and regulating the sale of wood for fuel
in the City of Dubuque.
SEC. 1.
2.
3.
4.
5.
6.
City Council to appoint.
Wood to be sold by cord.
How piled.
Penalty.
Inspector to oversee.
Inspector shall not buy.
Fees.
Not to sell from wagons.
Inspector to be at Wood Market.
Fined for resisting.
Inspector to keep account.
Be it Ordained by the City Council of the City of Dubuque.
SECTION I. The City Council shall appoint each year a
City Inspector of Wood, who shall remain in office during
REVISED CITY ORDINANCES. 69
the pleasure of the Council, and whose duty it shall be to
enforce the provisions of this ordinance, and such amend-
ments thereto as may from time to time be made.
SEc. 2. All wood sold for fuel in the City of Dubuque
shall hereafter be sold by the cord or part thereof ; and the
cord mentioned in this ordinance shall consist of one hundred
and twenty-eght cubic feet, well and compactly stowed, and
with reasonable allowance for crooked and uneven wood.
SEc. 3. All persons bringing wood into the City of
Dubuque and offering the same for sale, upon the levee or
banks of the Mississippi river or any of the sloughs or chan-
nels thereof, or at any other place within the city limits,
shall, when the same is placed upon the banks or levee, or at
such other place where the same is to be offered for sale, so
pile said wood that a space of at least one foot shall intervene
between the ranks thereof, and each rank thereof shall be so
piled as to clearly show the kind and quality of wood in each
rank, and to that end all limbs and crooked sticks shall be
placed upon the top of the ranks, or in a separate rank by
themselves, and the other wood shall be piled bark up as
compactly as possible.
Sc.Eq.. No person shall sell or offer for sale any wood
for fuel within the limits of the City of Dubuque until said
wood has been inspected and passed by the Inspector as herein
provided for; and any person who shall violate the provisions
of this section shall be liable to a fine of not less than ten nor
more than_fifty dollars for each offense.
SEC. 5. It shall be the duty of the Inspector of Wood to
oversee the ranking and piling of all wood for fuel brought
to the City of Dubuque for sale, and to cause the same to be
piled as herein provided for; and when piled to inspect and
measure the same. If any wood is not piled as herein pro-
70 REVISED CITY ORDINANCES.
vided for, he shall notify the owner or person having the
same in charge to repile the same as herein provided for; and
in case the owner or person having the same in charge fails
to do so within a reasonable time the Inspctor shall refuse
to pass said wood, and shall mark the same as rejected. All
wood properly piled and marked shall be measured by the In-
spector who shall give a certificate of such measurement to
the owner of the wood or person having the same in charge,
setting forth the dimensions each way of the rank so measured, ,
stating the number of feet in length of such rank required
to snake up a cord of one hundred and twenty-eight cubic
feet and the measurement so made shall be binding and con-
clusive on both buyer and seller; a duplicate of the above
certificate shall be attached by the Inspector to each rank of
wood by him inspected and passed, and all sales of such
wood shall',be from the rank as measured by the Inspector;
Provided, That whenever such wood be removed from the
place where inspected and measured by the Inspector to any
other place in said city to be again offered for sale, the same
shall be again ranked and measured, and a new certificate
thereof attached to each rank as above provided, but the fees
to be charged by the Inspector shall be only one-half the
amount herein provided.
SEC. 6. The Inspector of Wood shall not buy, sell, or in
any manner deal in wood either for himself or others save
and except to purchase wood for his own use, nor shall he be
interested, either directly or indirectly, in the purchasing or
selling of wood, nor in the profits to be derived therefrom,
nor shall he in any manner aid or assist in making sales or
purchases of wood.
SEc. 7. The fees of the inspector for services rendered
by him in inspecting and measuring wood shall be as fol-
lows: For every lot of one cord or less, Io cts ; for every
lot over one and less than twenty cords, for each cord therein
1
REVISED CITY ORDINANCES. 71
5 cts. ; for every lot of twenty up to fifty, for each cord there-
in 4 cts.; for every lot of fifty or over, for each cord therein
3 cts.
SEc. 8. No person shall sell, or offer for sale, at any
place within the corporate limits of the City of Dubuque,
any wood for fuel, loaded upon any wagon, sled or other ve-
hicle, until the same shall have been first inspected and
measured by the Inspector of Wood, and a certificate of the
quantity thereof, in cords or part of a cord, be procured by
him.
SEc. q. That the Inspector of Wood is required to be
present at the wood market during the business hours in the
winter time, and measure and inspect all wood that may be
presented for measurement and inspection.
SEC. Io. Any person who shall resist or interfere with
the Inspector in the performance of his duties under this ordi-
nance, or shall neglect or refuse to comply with any of the
requirements thereof, or shall mutilate, destroy or change
any certificate attached by the Inspector to any rank of wood
by him measured, or in any other manner violate any of the
provisions, shall, when no other penalty is herein provided,
be punished by fine not less than five or more than fifty
dollars, with costs of prosecution, at the discretion of the
court before which he may be prosecuted, and such court
may, in addition to such fine, imprison such offender until
such fine and costs be paid.
SEC. r1. That the Inspector of Wood shall keep a cor-
rect and true account of all wood brought to the City of
Dubuque for fuel, and shall report to the City Council at
every one of its regular sessions the amount of wood meas-
ured by him during the month previous, for whom the same
was measured, and the amount of fees paid him therefor by
each person, at whose request such measurement was made,
72 REVISED CITY ORDINANCES.
and shall account for and pay into the City Treasury five per
cent. of all fees received by him during said month, and
shall turn over to the Treasurer the stubs of all certificates
issued by him, showing the date of issue, the amount of
wood measured, for whom measured, and the fees charged by
him.
That as soon as any wood shall have been measured by
the Inspector, said Inspector shall have the right to demand
and receive of the owner of such wood in advance the fees
to which he may be entitled, and shall not be required to
deliver a certificate until such fees be paid.
Section g adopted November 5, 1888.
Section 8 adopted December 3, 1888.
CHAPTER XXVI.
AN ORDINANCE prescribing the mode in which charges
may be preferred against any officer under the city gov-
ernment, and for hearing and determining the same by
the City Council.
SEC. 1. Officers may be expelled. Snc. 5. Recorder to record all complaints.
2. City Council to hear complaints. 6. Charges against Mayor.
3.. Complaint to be in writing. 7. Not exempt on bond.
4. Time for trial. 8. Not to include ap
pointed officers -
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. Any officer under the city government,
whether elected by the people or appointed by the Council,
who shall be guilty of gross negligence or carelessness in the
performance of the duties of his office, or shall, in any man-
ner violate his official duty, upon being found guilty thereof
as hereinafter provided, may be expelled or removed from
office as herein provided for.
SEc. 2. The City Council shall hear and finally deter-
mine all complaints made under the provisions of this
ordinance.
REVISED CITY ORDINANCES. 73
SEc, 3. All charges preferred against any officer of the
city government under this ordinance, shall be by complaint
made in writing, signed and sworn to by some resident of the
City of Dubuque, and directed to the City Council of the City
of Dubuque; such complaint shall briefly set forth the name
of the person charged, the title of the office by him held, and
the facts which constitute the grounds of the charge preferred,
and shall be presented to the City Council at any regular or
special meeting thereof; and if in their opinion the matter
set forth in such complaint warrants an investigation and
trial of the party therein charged, the Council shall further
appoint a time for the hearing, giving the defendant not less
than three, nor more than ten days notice of the time and
place of such trial; such notice shall be in writing, signed
by the Mayor, and shall, together with a copy of the com-
plaint, be served on the defendant by the City Marshal in
like manner as original notices are served under the laws
of Iowa.
SEC. 4. At the time set for trial the Council will proceed
to the hearing of the case, unless for good cause shown by
either party the Council shall deem it jnst to continue the
hearing to a future clay. Upon the trial, the City Attorney,
or such other person as may be designated by the City Coun-
cil, shall conduct the prosecution, and the defendant may be
heard by himself or his attorney. If the defendant after
being notified fails to appear and answer to the complaint,
or if he admits the truth of the matter set forth in the com-
plaint, the Council may, in their own option, hear evidence
in the platter, or at once proceed to a final vote as hereinafter
provided. All questions arising in the progress of the hear-
ing shall be determined by a majority vote upon the ayes and
nays. As soon as the hearing of the case is closed, the pre-
siding officer shall put the question : "Is the defendant
guilty ?"—the vote to be taken by the ayes and nays. If
more than one charge is preferred in the complaint, the ques-
74 REVISED CITY ORDINANCES.
tion shall be put saparately on each. If the defendant is an
officer elected by the voters of the city, or any ward or dis-
trict therein, it shall require an affirmative vote of two-thirds
of all members elected to the Council to find him guilty. In
the case of any other officer a majority shall be sufficient. If
the defendant is found guilty as herein provided for, the
Mayor or presiding officer shall forthwith declare : "That by
judgment of the City Council, the defendant is removed and
expelled from the office heretofore held by 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 ordinance, 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 pre-
ferred against the Mayor, or any member of the City Council,
the person so charged shall not preside over the Council, nor
vote upon any question during the trial of such case. In all
cases in which it may become necessary, the Council may
authorize any proper person to perform the duties herein
required of the Mayor, Marshal, Recorder or City Attorney.
SEc. 7. The removal or expulsion of any officer under
the provisions of this ordinance shall not exempt him nor his
sureties from liability on his official bond.
Suc. 8. This ordinance shall not be so construed as to
prevent the City Council from removing from office any
officer appointed to hold during the pleasure of the Council,
REVISED CITY ORDINANCES. 75
CHAPTER XXVII.
AN ORDINANCE in relation to Licenses.
SEC. 1.
2.
3.
4.
5.
6.
7.
8.
9.
Licenses.
License subject to Ordinance.
Not assignable. -
Application to City Recorder.
Application to Mayor.
Recorder to keep register.
Marshal to enforce.
Auctioneers.
Brokers.
SEC. 10.
11.
12.
13.
14.
15.
16.
17.
Livery Stables.
Wagons and Drays.
Billiard Tables.
Saloons, Public Places.
Traveling Physicians.
Peddlers.
Exhibitions.
Roller Skating.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. All licenses shall be signed by the Mayor
and attested by the Recorder under the seal of the City of
Dubuque. And no license shall be valid until so signed and
attested. Each license shall bear date the day of issu-
ing thereof, and shall specify the person to whom and the
purpose for which the salve is issued, and place where business
shall be conducted, and the time of its expiration, which
shall not be later than the last day of March next, after its
issue. If such license be issued on or subsequent to the first
day of April, and prior to the first day of October, the
amount to be paid by the licensee shall be the total amount
due for one year. But if such license be issued on or sub-
sequent to the first day of October, then the amount to be paid
by said licensee shall be but one-half the amount to be paid
for one year. In no case shall money paid for license be re-
funded to the licensee on account of said licensee quitting
business, or upon any other cause or pretense.
SEc. 2. All licenses granted shall be subject to all ordi-
nances in relation to such licenses in force at the time of the
issue of such license, or which may be subsequently passed
by the City Council in relation thereto. And if any person
licensed shall violate any provision of any ordinance in re-
lation to such license, he shall be proceeded against for any
fine, or penalty, imposed thereby, and his license may be re-
voked, or forfeited, at the discretion of the Council.
76
REVISED CITY ORDINANCES.
Sic. 3. No license granted shall be assignable, or trans-
ferable, nor shall any person be authorized to do business, or
act under such license, but the person to whom it is granted ;
nor shall any license authorize any person to act under it at
more than one place at the same time. Whoever shall vio-
late any provisions of this section shall be deemed to be act-
ing witout license, and shall be subject to the same penalty
as is prescribed for acting without license.
SEC. 4. Whenever the amount required to be paid for
any license is fixed by ordinance, and no bond is required, ap-
plication for the license may be made to the City Recorder,
who shall, upon the production of a certificate from the City
Treasurer, showing that the required sum for such license has
been paid to him for that purpose, issue to the applicant the
required license, in accordance with the provisions of the city
ordinances.
Sic. 5. But if the amount to be paid for any license is
not fixed by ordinance, or if a bond is required to be filed be-
fore a license can be issued, application in writing must be
made to the Mayor for such license, stating the purpose and
length of time for which the same is desired, and the place
where the business is to be carried on, and when a bond is
required, the names of the proposed sureties. If the Mayor
shall grant the application, or approve of the sureties for the
bond, he shall so endorse the application, and state the
amount required to be paid for the license, and the time for
which it shall be issued ; and upon the filing of the applica-
tion so endorsed, and the required bond, with the Recorder,
and producing the certificate of the Treasurer of the city,
showing that the required sum has been paid, the Recorder
shall issue to the applicant a license for the purpose and time
specified. But if the Mayor refuse such application, he shall
report the application to the City Council at their next meet-
ing, for their action thereon.
REVISED CITY ORDINANCES.
77
Sic. 6. The City Recorder shall keep a License Regis-
tr, in which he shall enter the natne of each person licensed,
for what purpose licensed, the amount paid, the date of the
license, and the time of expiration of the same ; and at every
regular meeting of the Council report an abstract of all
licenses issued since his last report, and the amount taxed for
each.
SAC. 7. The City Marshal shall enforce all ordinances in
relation to licenses, and shall from time to time examine the
license register, and prosecute all persons who may be acting
without license.
AUCTIONEERS.
SEc. 8. That no person shall sell or offer for sale, at
public auction, within the limits of the City of Dubuque, any
real or personal property, unless duly authorized by an auc-
tioneer's license, under a penalty of $ioo.00 for each sale ;
Provided, That the foregoing prohibition shall not apply to
sales made. by any sheriff, constable, marshal, or other offi-
cer, by virtue of legal process.
a. Por every auctioneer's license, there shall be taxed and
collected the sum of $25.00. Before any person shall be li-
censed to act as an auctioneer, he shall execute and file with
the Recorder a bond to the City of Dubuque, in the penal
sum of $r,000, with two or more sureties, to be approved by
the Mayor, conditioned for the faithful compliance with the
provisions of this ordinance, and the prompt payment of all
moneys herein required to be paid to the city.
b. Every licensed auctioneer shall make and return to the
City Treasurer, before the last Saturday of each month, a
written statement, under oath, of the amount of money re-
ceived by him, for all property sold by him at auction, and
by any and all persons in his employ, or acting under his
license, during the month next preceding, and shall pay into
78 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 79
the city treasury at the time of making such return a sum
equal to five per cent. of the amount so received by him :
Provided, That if said auctioneer shall show to the satisfac-
tion of the City Treasurer that any of the articles sold at
auction have, within one year prior to the date of such sale,
been included in the regular assessment of property for city
taxes, and that the taxes assessed thereon have been paid to
the city, such articles shall be exempt from the tax of five
per cent. imposed by this ordinance. On failure of any
auctioneer to make return and payment, as herein required,
his license shall be suspended until such return and payment
shall be made. And it is hereby made the duty of the City
Treasurer, in case of such failure, to give notice to the City
Marshal of the suspension of said license, and the Marshal
shall see that the provisions of this ordiance are enforced
against such delinquents in the same manner as if no license
had been issued to such auctioneer.
The Mayor shall, if he deems it necessary, employ a
competent person to attend any auction sale and keep an ac-
curate account of all sales made, such account to be the basis
upon which to levy the five per cent., under the provisions
thereof, such person to receive such pay as may be agreed
upon between him and the Mayor, to be paid from the per-
centage derived from such sales by auction.
c. Any person who shall sell at public auction on the
streets or sidewalks, or in the door -way of any house, so that
the bidders or bystanders shall encumber, or block up any
street or sidewalk of the city, shall be subject to the penalty
for obstructing the streets.
This ordinance shall not apply to sales under execution,
mortgage, deeds of trust, order of court, executor's, adminis-
trator's, or guardian's sales.
BROKERS.
SEC. 9. No person shall, within the limits of the City
of Dubuque, for the purpose of selling again at a profit, or for
the purpose of realizing a profit therefrom, buy, discount or
shave any bill of exchange, check, draft or order for the pay-
ment of money or other thing of value, bank note, promissory
note, bond, mortgage or other writing obligatory, gold or
silver coin ; or buy, sell or negotiate the sale or purchase of
any such instrument, or personal or real property for others,
for a commission or other compensation, without a Broker's
License, issued therefor by said City under a penalty of not
less than ten, nor more than fifty dollars for each offense ;
and for every such license there shall be taxed and collected
by said city the sum of fifty dollars.
LIVERY STABLES.
• SEC. 1o. No person shall, within the limits of the City
of Dubuque, 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 sum of
fifty dollars. Whoever shall violate the provisions of this
section, shall forfeit and pay the city the sum of twenty
dollars for each day such business is carried on without such
license.
a. No person shall, within the limits of the City of Du-
buque, use any hack, carriage, omnibus, or other vehicle, for
the purpose of carrying passengers from one place to another,
within said city, for hire, unless duly authorized by a license
for such conveyance, under a penalty of five dollars for each
day ; and for a license for every such vehicle, he shall pay to
the city the sum of five dollars.
b. The owner of every vehicle licensed as aforesaid, shall
cause the number of the license to be plainly painted on some
80 REVISED CITY ORDINANCES.
conspicuous part of each side of his vehicle, under a penalty
of two dollars for each week he shall use the same without
being so numbered.
c. No person shall collect, or receive, for carrying any
passenger from any place in said city to another therein,
more than twenty-five cents, except when such passenger
shall, at his or her request, be carried on, to or from any of
the bluffs within the limits of the city, in which case a sum
not exceeding fifty cents may be charged and received.
WAGONS, DRAYS, ETC.
SEc. 11. That no person shall within the limits of the
City of Dubuque keep, own, or use any dray, wagon or other
vehicle for hire or profit, or for the carrying from one place
to another, or the delivery of any goods, merchandise or
other articles, in the course of . any business or employment,
within the City of Dubuque, without a license therefor, •
under a penalty of two dollars for each load or parcel so car-
ried without license ; and for a license for every such vehicle
he shall pay to the City the sum of five dollars per annum
for each vehicle drawn by one horse or mule ; and ten dollars
per annum if drawn by more than one.
a. Any person licensed by the City of Dubuque under
section eleven of this chapter, shall not take for hauling any
load to or from any part of the city, or to or from the fair
grounds or driving park, and below the bluffs, more than one
dollar per load when drawn by one horse or mare, and not
more than one dollar and fifty cents per load when so hauled
and drawn by two horses, to and from or over,the above
named territory ; and if any greater amount than above
specified shall be taken or charged for said service by any
licensed wagon, or dray or other vehicle, said person or per-
sons so doing shall forfeit his license and be subject to a fine
REVISED CITY ORDINANCES. 81
of not less than five or more than ten dollars for each and
every offence.
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.
BILLIARD TABLES -AND BOWLING ALLEYS.
SEC. 12. No person shall keep any Billiard Table,
Pigeon Hole Table, Pool Table or any table to be used in
any game similar thereto, or any Bowling or Ten -pin
alley, for hire or gain, directly or indirectly received, without
a license therefor, under a penalty of five dollars for each
game played thereon for which pay or gain is received.
a. ,There shall be taxed and collected for a license to keep
billiard and pool tables, and tables used in games similar
thereto the sum of ten ($io) dollars for each table, and for
each pigeon hole table ten ($io) dollars; there shall be taxed
and collected for a license to keep a ten -pin or bowling alley
the sum of five dollars for each alley.
b. No keeper of any billiard or pool table, or any table
used in any game similar thereto, or any pigeon hole table, or
any ten -pin or bowling alley, shall suffer or permit any
minor to frequent or loiter about the premises occupied by
him, nor sell or deliver to a minor any intoxicating liquor,
or permit, or suffer any riotous or disorderly conduct on the
premises under a penalty of five dollars for each offense.
SALOONS, OR PUBLIC PLACE OP RESORT.
SEC. 13. No person shall within the limits of the City
of Dubuque, by himself, agent or servant, keep any public
place of resort for the purchase and sale of any kind of
82 REVISED CITY ORDINANCES.
beverages, or for the playing of any kind of games and
commonly called a saloon, unless duly authorized by a
license, under a penalty of not less than ten dollars nor more
than twenty dollars for each offense.
a. For each license to keep such saloon there shall be
taxed and collected by the City, annually, the sum of one
hundred dollars. -
b. No person shall keep, or suffer to be kept open, such
place of business, after the hour of II o' clock P. M., except-
ing on Saturday, when such saloon may be kept open one
hour later.
Nor shall the same be opened before day -light of each
morning, under a penalty of not less than five nor more than
twenty dollars.
c. No person engaged in the business of keeping saloon
shall suffer any loud or boisterous talking, obsene or profane
language, quarrelling, singing, fighting or other disturbances
of the peace and quiet of other persons, or of the neighbor-
hood in or about his place of business, under a penalty of
not less than five nor more than twenty dollars for each
offense.
d. Every person licensed under the provisions of this
section shall keep the license granted him posted in some
conspicuous position in his place of business, under a penalty
of five dollars for each day's failure so to do.
e. Nothing contained in this section or any sub -division
thereof, shall be construed to authorize or license the sale of
any intoxicating liquors, the sale of which is prohibited by
the laws of the State of Iowa.
TRAVELING PHYSICIANS.
Sc.E14. That all transient or traveling doctors or
physicians, plying their vocation in the City of Dubuque,
REVISED CITY ORDINANCES. 83
Iowa, whether in hotels, private houses or on the streets,
whether advertising or not, or using medicines prepared by
themselves or others, or professing to cure disease by any ap-
plication whatever, shall first procure from the Mayor of said
City a license therefor.
a. The Mayor of said City is hereby authorized to issue
the license named in the above section fourteen, upon the
payment to the City Treasurer for the use of the City, the
the sum of not less than three nor more than five dollars, at
the discretion of the Mayor, for each and every period of
twenty-four hours or fractional part thereof, that such doctor
or physician proposes to stay in the city, and if such person
should prolong his stay for the purposes aforesaid, beyond the
time for which such license was issued, then upon pre -pay-
ment at the same rate, a new license shall issue for such
further time as the applicant shall then pay for at the rate
aforesaid.
b. Any one neglecting or refusing to comply with the
provisions of this ordinance, shall, upon conviction thereof,
before any Justice of the Peace, be fined ten dollars for each
day, and every day he, she or they shall have plied, or at-
tempted to ply, his, her or their vocation in this city without
such license; Provided, The sum shall not exceed one hun-
dred dollars, and shall stand committed until such fine and
all costs be paid.
c. It is hereby made the duty of the City Marshal to see
that the provisions of this ordinance are faithfully executed;
and it shall further be his duty, whenever he shall find any
such person or persons without such license, forthwith to
call him, her or them before any Justice of the Peace, to be
dealt with as hereinbefore provided, but any Justice of the
Peace is also required to act upon the complaint of any other
person.
84 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 85
PEDDLERS.
SEc. 15. No person shall, within the limits of the City
of Dubuque, hawk or peddle any goods, wares, merchandise,
books or other articles, or canvass for orders for any such
articles to be thereafter delivered at retail, without first ob-
taining a license for such purpose under a penalty of not less
than five nor more than twenty-five dollars. The selling,
offering for sale, for present or future delivery of any such
articles, whether in any temporary place of business or other-
wise, shall be deemed a violation of this iordinance. License
for such business is hereby authorized upon the payment of
such license fees as may be fixed by the Mayor, to be propor-
tioned to the quality and quantity of the goods and merchan-
dise so dealt in, but which fee shall not be less than twenty-
five (25) cents nor more than ten (ro) dollars per day.
EXHIBITIONS.
SEC. 16. No person shall exhibit to public view for
gain, within the limits of the City of Dubuque, any animal,
or animals, wax or other figures, or painting, feats of circus
riding, rope or wire walking, or dancing, or give any con-
cert, musical or, theatrical entertainment, where money or
other thing of value is charged for admission thereto, with-
out a license therefor, under a penalty of not less than five
dollars nor more than fifty dollars. And licenses therefor
may be authorized by the Mayor if the exhibition will not
injuriously effect the morals of the people or offend against
the rules of decency and good order, and he shall, at his dis-
cretion, fix the sum to be paid for such license and specify
the time of its duration. But no circus, menagerie or other
show shall be licensed to show or perform within two blocks
of any school house in the city.
SEC. 17. No person shall, within the City of Dubuque,
conduct, operate or manage for gain any "Roller Skating
Rink," so-called, or any place, building or enclosure, kept
and maintained for the purpose of roller skating, where
money, or other things of value is charged or collected for
admission thereto, or for any privileges connected with the
use of the same, without first having procured an annual
license therefor under a penalty of not less than (ro) dollars
or more than twenty (2o) dollars for every month during
which there shall be a failure to procure such license from
and after the taking effect of this ordinance.
SEc. 18. The City Recorder shall issue the license pro-
vided for in the foregoing section upon application being
made therefor and upon the payment to the City Treasurer
of the sum of fifty (5o) dollars.
SEc. 19. That no person by himself, agent or servant,
shall keep any boat, water craft, raft or float of any kind for
hire, gain or profit, unless duly authorized by a license,
under a penalty of not less than five nor more than twenty
dollars for each offense.
Suc. 20. For each license to keep such boat, water
craft, raft or float, there shall be taxed and collected by the
city annually the sum of twenty dollars.
Section r passed September 2, 1889.
Section 12 passed May 7, 2883.
Section 13 passed September 7, 1885.
Section 15 pasted March i, 1886.
Sections 17 and i8 passed June 2, 1884.
Sections 19 and zo adopted June 4, 1888.
86 REVISED CITY ORDINANCES.
CHAPTER XXVIII.
AN ORDINANCE in relation to licenses of and regulating
Inn Keepers, Runners for Hotels, Hack Drivers and
Expressmen.
SEC. 1. Inn Keepers license. SEC. 3. Hack Drivers, Hotel and Express -
la. Sale of beverages men.
2. Runners for Hotels and Board-
ing Houses.
INN KEEPERS.
SECTION I. No person shall carry on or pursue the
business of an inn keeper, without a license therefor, under
a penalty of not less than five nor more than fifty dollars.
An inn keeper shall be deemed any person who keeps a house
of public entertainment and for a compensation furnishes
lodging or provisions, or both, to travelers and others. There
shall be taxed and collected by the city, for a license, to pur-
sue the business of an inn keeper, the sum of fifteen dollars.
a. No person shall own, keep or conduct a restaurant
without a license therefor, under a penalty of ten dollars, for
each day. A restaurant shall be deemed any eating house 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; Provided, however, that any restaurant, grocery, or
other place where beverages such as are usually bought and
sold in saloons, whether in original packages or otherwise,
whether by the bottle or glass, shall be sold or given away,
shall be taxed and collected annually by the City of Dubuque
the sum of $Ioo, and any owner, agent or clerk who shall
violate the provisions hereof shall be subject to a fine of not
less than $5 nor more than $25 for each offense.
RUNNERS FOR HOTELS AND BOARDING HOUSES.
SEC. 2. That from and after the taking effect of this
REVISED CITY ORDINANCES. 87
ordinance it shall be unlawful for any runner of any hotel or
' . boarding house to solicit passengers at any railroad depot or
,steamboat landing within said city, without first procuring a
license authorizing him to do so, under a penalty of not less
than five nor more than twenty-five dollars for each offense.
a. That for each license granted for the purpose aforesaid
there shall be charged and collected the sum of twenty-five
dollars.
HACK DRIVERS, HOTEL AND EXPRESSMEN.
SEC. 3. That from and after the taking effect of this
ordinance, it shall be unlawful for any driver of any hack,
omnibus or express wagon, or any runner for any hack, omni-
bus 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 worn
by omnibus drivers or runner the word "Omnibus." That
worn by hack or expressmen, the word "Hack" or "Ex-
press," together with the number of the hack or express
wagon.
b. Any person violating the provisions of this ordinance,
shall, on conviction, be fined not less than one nor more than
five dollars.
88 REVISED CITY ORDINANCFS.
CHAPTER XXIX.
AN ORDINANCE to regulate the manner of fixing and
changing grades in the City of Dubuque.
SEC. 1. Grades established.
9. Confirmed by Council.
3. City Engineer to prepare survey.
4. To give five days notice in papers.
5. Notice of change served.
SEC. 6.
7.
8.
9.
City Council to change.
Commissioners appointed.
Council to approve or reject.
Claim for damages.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That every grade hereafter agreed upon for
any street, alley or highway, within the boundaries of said
city, shall be fixed and established by a resolution of the City
Council, adopted after the subject of such grade has been re-
ferred to a committee, and a report made thereon, ac-
companied by a profile from actual survey. by the City En-
gineer, and all grades so fixed shall be duly established and
recorded with the profile thereof, in a suitable book to be
prepared and kept by the Recorder, and entitled "The Grade
Book."
SEc. 2. That any or all of the grades heretofore fixed by
the City Council, may be collectively or severally sanctioned
and confirmed under the authority of this ordinance, by
resolution of the City Council, and when so sanctioned and
confirmed, shall be in like manner recorded, if the same has
not been previously recorded.
SEc. 3. That wherever any application is made to the
City Council to change any of the established grades of any
street, alley, avenue or highway in the City of Dubuque, the
City Council shall, if deemed expedient by them to change
such grade, by resolution, direct the City Engieeer to prepare
from an actual survey a profile showing the established grade,
and also the grade as proposed and file the same with the City
Recorder.
SEc. g.. That as soon as the profile shall be filed in the
office of the Recorder, he shall give public notice by an ad -
REVISED CITY ORDINANCES. 89
vertisement, for at least five days in the offiicial papers, that
such proposed change of grade will be considered at the next
meeting of the City Council, which shall be held not less
than fifteen days after the date of the first publication of such
notice ; and that all persons claiming damages by reason of
such proposed change of grade, must file their claim for dam-
ages before such meeting with the City Recorder.
SEC. 5. That the City Recorder shall also cause printed
or written copies of such notice to be served by the Marshal
on the occupant of each building affected by such proposed
change of grade on the line of the street, alley, avenue or
highway, by leaving such notice at the dwelling or place of
business of such occupant at least ten days before the meeting
of the City Council.
SEc. 6. That the City Council shall at the next meeting
which shall be held after the expiration of fifteen days from
the first publication of such notice, if no claims for damages
have been filed, proceed to consider the change of grade, and
to either establish or reject the proposed change, and in case
the change be established, to order the same to be recorded
in the grade book, by the City Engineer, and in case any
claim for damages be filed, further action npon such pro-
posed change shall be postponed from time to time until the
proceedings of the appraisenlent of damages are had as pre-
scribed in the next section.
SEc. 7. In case any claim for damages be filed with the
Recorder, the City Council shall appoint, to assess said dama-
ges, three commissioners, who shall be disinterested free-
holders, who shall be sworn to discharge their duty to the
best their of ability, and before they shall enter upon the dis-
charge of their duty, the City Council shall cause notice to be
given, signed by the commissioners, for three weeks in the
official paper of the city, giving the time and place of their
90 REVISED CITY ORDINANCES.
meeting for the purpose of viewing the premises and making
assessment of damages. The City Council shall have
power to remove either or all of the commissioners so ap-
pointed, and from time to time appoint others in the places
of such as may be removed, refuse, neglect, or be unable from
any cause of serve.
SEc. 8. At the next meeting of the City Council held
after the appraisement of damages shall be completed and re-
turned to the City Recorder, the same shall be considered,
and if such appraisement be annulled, all previous proceed-
ings shall be void, and no farther proceedings shall be had in
the matter. But if such appraisement be confirmed. an order
of confirmation shall be entered 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 high-
way. Upon the entering of the order of confirmation of such
appraisement, the Recorder shall forthwith furnish the Treas-
urer with a certified copy thereof, and the Treasurer shall
thereupon set apart the amount of the appraisement of each
claimant, and keep the same separate in the treasury to be
paid to the person entitled thereto, upon presentation of a re-
ceipt duly executed, which setting apart of the money in the
treasury shall be equivalent to payment.
SEc. 9. All claims for damages presented under this
ordinance shall be in writing, and shall specify the property
for which damages are claimed, and also state the name and
residence of the owner of the premises.
REVISED CITY ORDINANCES. 91
CHAPTER XXX.
AN ORDINANCE to provide for the opening, altering or
annulling streets, alleys and highways in the city of
Dubuque.
SEC. 1. Council to open or alter streets. SEC. 10.
2. Engineer to give notice. 11.
3. Council to hear objections.
4. Jury to assess damages. 12.
5. Must defray expenses.
6 Council must secure deeds. 13.
7. City Marshal to open.
8. City Council may annul. , 14.
9. Owner or city may appeal.
Appeal not to delay opening.
Acceptance of damage by owner
bars appeal.
Damages to be paid before en-
tering on street.
Damages increased on appeal to
be paid.
Increase of damages.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That whenever the City Council deem it
advisable to lay out, open, widen, extend or alter any street,
alley or highway in the city they shall, by resolution, direct
the City Engineer to make a survey and plat of such pro-
posed improvement, showing the land or lots through or over
which the same is proposed to be made, the names of the
owners thereof, and the quantity of land proposed to be
taken. And when such plat is completed it shall be filed in
said engineer's office and be subject to public inspection.
SEC. 2. After such plat is thus filed the engineer shall
give personal notice in writing to all resident owners of the
property, through or over which such improvement is pro-
posed to be made, and to all ,non-resident owners of such
property by publication of the notice for ten days in the official
paper of the city, that at the next session of the Council oc-.
curing after the lapse of two weeks from the date of such no-
tice it will be determined by said Council whether such pro-
posed improvement shall be made or not, and require them to
appear before said Council at that time, and show cause, if
any they have, why the contemplated improvement should
not be made. The evidence of service and of publication of
92 REVISED CITY ORDINANCES.
such notice shall be filed by the engineer, in :the Recorder's
office, where it shall be preserved.
SEC. 3. At the next regular session of the Council, oc-
curring after completed service of the notice above specified,
the City Council, after hearing the objections thereto, may,
if they deem it advisable to lay out, open, widen, extend or
alter such street, alley or highway, by resolution, order the
City Recorder to issue a venire to the City Marshal, and to
furnish him with the names of the owners of property as fur-
nished 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 five days from
the date thereof ; and the Marshal shall also give the per-
sons named in such list as aforesaid, (provided they be resi-
dents 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 Mar-
shal, shall be a non-resident of the city, or unknown, he
shall give such notice by publication in the official papers of
the city for at least two weeks, the last publication of which
shall be at least five days before the time fixed for the meet-
ing of such jury, stating the purpose for which they are sum-
moned and directed to such person; and any such person not
appearing in pursuance of notice as above prescribed, shall
not thereafter be permitted to raise any objection to the
jurors so summoned, or to any assessment they may make.
Any such person who may appear in pursuance of such no-
tice may object to any of the jury so summoned, for any good
cause shown, and the Marshal shall decide on all objections
raised, but shall not allow more than three peremptory chal-
lenges to any such jury.
SEc. q.. That on the day so specified in the venire, the
jury so summoned shall_appear at the place designated; and if
REVISED CITY ORDINANCES. 93
no objection is made, or if any one or more is objected to, and
such objection is overruled, or if sustained and talismen are
chosen in their places, the said jury, after being first duly
sworn by some officer authorized to administer oaths, shall
proceed to assess the damages which any person may sustain
by reason of opening, widening, extending, or altering such
street, alley or highway, and shall return such assessment in
writing, subscribed by the jurors by whom the same shall be
made, to the City Marshal, to be by him delivered to the
City Council.
SEc. 5. Whenever any street, alley or highway is pro-
posed to be laid out, opened, widened, extended or altered
for the accommodation of particular individuals, no action
shall be had under such resolution until. the person or per-
sons interested in the opening, widening, laying out, extend-
ing or altering such street, alley or highway, shall have de-
posited in the City Treasury a sufficient sum of money to
defray all expenses of surveying, platting, jury fees and ad-
vertising incurred or liable to be incurred by such opening,
laying out, widening, altering or extending.
SEC. 6. That if upon examination of the report of the
Engineer, 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 shall pay the damages, if any, when collected,
and shall procure from the owner or owners, proprietor or
proprietors, deeds of relinquishment therefor, and in case of
the absence of any such person, or other inability to procure
such deed of relinquishment by reason of such person refus-
ing to execute the same, or from any other cause, the dam-
ages so awarded to any such person shall be allowed and set
apart in the City Treasury, to be paid to any such person on
his demanding the same and presenting to City Council such
deed of relinquishment, which setting apart shall be equiva-
94 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 95
lent to payment. And the City Council shall thereupon pro-
ceed 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, al-
ley or highway shall thereupon be established as a public
highway in said city for public use as other streets and high-
ways therein.
SEc. 7. Whenever any street, alley or highway in said
city shall be laid out, opened, widened, extended or altered,
it shall be the duty of the City Recorder to make out and
deliver to the 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 obstructions shall be found therein, it
shall be his duty forthwith to notify the owner or person in
possession, of any land or lot on which the same may be
found, to remove such obstruction within ten days, and in
case of refusal or neglect of any such person so to move the
same, the City Marshal or Street Commissioner shall proceed
to remove the same.
SEC. 8. That any public highway in said city may be
annulled in like manner by resolution of the City Council;
Provided, That no street, alley or highway duly established
shall be altered or annulled, until after the proposed action
thereon shall have been submitted to the City Council at two
regular sessions, nor until ten days' notice thereof shall have
been published in the city papers.
SEc. 9. Provided, however, that either the land owner
or the city may appeal from the assessment of the damages
by the jury aforesaid to the District Court of Dubuque coun-
ty, Iowa, within thirty days after the day the assessment is
reported to the City Council, by giving the adverse party, or
if such party is the city, its Treasurer, City Recorder and
Marshal, notice in writing that such appeal has been taken;
the City Recorder shall thereupon file a certified copy of so
much of the record and appraisement as applies to the part
appealed from, and said Court shall thereupon take jurisdic-
tion thereof and try and dispose of the same as in actions by
ordinary proceedings. The land owner shall be plaintiff and
the City of Dubuque defendant.
SEC. ro. An appeal shall not delay the opening, ex-
tending, widening or otherwise changing the proposed street,
alley or highway, if the said city shall pay or deposit with
the City Treasurer of said city the amount assessed and
awarded by said jury; said Treasurer shall not pay such de-
posit over to the person entitled thereto after the service of
notice of an appeal, but shall retain the same until the de-
termination thereof.
SEc. II. An acceptance by the laud owner of the dam-
ages awarded by the jury shall bar his right to appeal.
SEc. 12. On the trial of the appeal no judgment shall
be rendered except for costs; the amount of damages shall be
ascertained and entered of record in court, and if no money
has been paid or deposited with the said Treasurer the city
shall pay the amount so ascertained, or deposit the same with
the City Treasurer before entering upon the premises.
SEc. 13. If on the trial of the appeal the damages
awarded by the jury are increased, the city shall pay or de-
posit with the City Treasurer for the use of the land owner
the whole amount of datnages awarded before entering on or
in any manner whatever using or controlling the premises.
And the City Marshal upon being furnished with a certified
copy of such assessment may remove said city, its agents,
servants or contractors from said premises unless the whole
96 REVISED CITY ORDINANCES.
amount of the assessment is forthwith paid or deposited with
the City Treasurer for the use of said land owner.
SEc. 14. If the amount of the damages awarded by the
jury is decreased on the trial of the appeal, the amount
assessed on the trial of such appeal only shall be paid to the
land owners.
Sections 9, io, II, 12, 13 and 14 adopted October 4, 1892.
CHAPTER XXXI.
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.
5. Examination of work.
6. Sidewalks to be laid to grade.
7. Curbstones.
8. Council to pass order.
SEC. 1.
2.
3.
SEC. 9. Done under Engineer.
10. Special tax to pay sidewalks.
11. After completed.
12. Recorder to deliver to Auditor.
13. Auditor to charge Treasurer.
14. Duty of Treasurer.
15. Order drawn on Treasury.
16, Not affect cases now pendirg
AMENDMENT.
Materials for sidewalks.
Council order by resolution.
Supervision of City Engineer..
SEC. 4. Sidewalks full width.
5. Not repeal ordinances.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1. That whenever a petition purporting to be
signed by a majority of the resident owners of property abut-
ting upon or lying along any street, avenue or alley, or any
part thereof, shall be presented to the City Council, asking
that said street, avenue or alley, or any part thereof, be paved,
curbed, graveled, macadamized, or guttered, or for the con-
struction of permanent sidewalks thereon, the petition shall
be referred to the City Engineer to examine and report
whether the salve is signed by a majority of the resident own-
ers of the property abutting or lying along said contemplated
improvement. If he shall report that a majority of such have
REVISED CITY ORDINANCES. 97
signed said petition, the Council may order such improve-
ment to be made. And the city may, whenever deemed
expedient, to improve by paving, curbing, graveling, macad-
amizing or guttering any street, avenue or alley in said city,
or by laying down permanent sidewalks thereon, order any
such improvement made, either with or without a petition
therefor having been presented: Provided, The same shall
be so ordered by the affirmative vote of not less than three -
fourths of the whole number of the members of said Council.
And such improvement ordered made, either upon petition or
by the affirmative vote herein provided for, shall be at the ex-
pense of the owners of lots or parcels of ground lying along
or abutting upon said improvement.
SEC. 2. The resolution ordering any improvement spec_
ified 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 made, and
said Engineer shall forthwith prepare the same and submit
them to the committee of said Council on streets, and if the
same be approved by said committee they shall be filed in the
office of the City Recorder. It shall also be the duty of the
Engineer to prepare estimates of the cost of the proposed im-
provement and file the same with the Recorder for the inspec-
tion of the City Council.
SEC. 3. That as soon as said plans and said specifications
are filed in the office of the City Recorder, he shall, without
further order from the Council, give public notice by an ad-
vertisement of at least five days in the official papers of the
city, that at the next session of the Council bids will be re-
ceived by the said Council for the doing of the work in ac-
cordance with such plans and specifications.
SEc. 4. At the meeting of the City Council at which
bids are to be received, such bids shall be opened and the
98 REVISED CITY ORDINANCES.
contract awarded as the Council shall deem proper; but the
Council shall have the right to reject any and all bids, and
may order the work to be done by day labor, under the direc-
tion of the Street Commissioner, who shall, however, in re-
lation to such work, be under the control and act according to
the instructions of the Committee on Streets of said Council.
And said Street Commissioner, when improvements thus
made are completed, shall certify to the City Council the
amount of work done, the total cost thereof, the names of
abutting property owners, the number of feet owned by each
abutting upon said improvement, and thereupon said City
Council shall proceed to levy a special tax upon said abutting
property to pay for said improvement, but shall give notice
to the abutting property owners, and shall proceed in levying
said special tax, in the same manner as provided by ordi-
nance as though said work had been done by contract: Pro-
vided, that if said work is to be done by contract it shall be
stipulated that the city shall levy a special tax on the
abutting property sufficient to pay for such improvement
(excepting for grading streets and avenues and the construc-
tion of sewers, which shall be paid out of the general funds
of the city) and shall proceed to collect the same in the man-
ner herein pointed out, and pay the same over to the con-
tractor as soon as collected, but that the contractor shall
waive all recourse to the city for payment under such con-
tract to the amount of such tax.
SEc. 5. That as soon as practicable after the expiration
of the time specified in the contract within which the im-
provement 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 comtittee may direct the Street Com-
missioner to complete the same, in the manner provided in
the contract, and the expense of completing the same shall
be deducted from whatever money nffiy be coming to the
REVISED CITY ORDINANCES.
99
contractor under his contract, or said committee may report
the case to the City Council for their action, and if said com-
mittee find the work completed in accordance with their con-
tract they shall accept the same from the contractor and so
report to the City Council.
SEc. 6. That all sidewalks hereafter paved or laid shall
be laid to the established grade, or if no grade shall be es-
tablished, to such temporary grade as may be given by the
City Engineer. Unless otherwise specified in the resolution
of the City Council ordering the same to be laid, they shall
be built of brick, stone or plank, at the option of the owner
in front of whose lot of land such sidewalk shall be laid; if of
brick, they shall be made of good, substantial hard brick; if
of stone, the same shall not be less than two inches thick and
dressed square, with hamtnered or square surface; such brick
or stone shall be laid on a bed of sand at least four inches
thick, even at the top, to be range work, with close joints,
full width of sidewalk; when of plank the same shall be not
less than two inches thick, square edge, even surface, closely
jointed, and of good, sound material; and unless a different
width shall be specified in the resolution, shall be laid cross-
wise with the sidewalk to full width; and all sidewalks laid
to full width shall incline to the top of the curbing at the
rate of one -halt inch to the foot.
SEC. 7. That the tops of all curbstones hereafter set
shall correspond to the grade of the street, and they shall be
set on all streets sixty-four feet wide at a distance of twelve
feet from the line of the street, so that the street between the
curbstones shall be forty feet wide, and on all other streets
the curbstones shall be set at a distance from the line of the
street of one -fifth part of the whole width of the street.
SEc. 8. That whenever it shall be deemed expedient by
the City Council to grade, pave or lay any temporary plank
100 REVISED CITY ORDINANCES.
sidewalk on any street, alley 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 forth the particular local-
ity where such grading or paving is required to be done and
the time allowed for completing the same; and the publica-
tion of such order in one of the newspapers in the city for one
week shall be deemed sufficient notice to the owners or hold-
ers of lots abutting on any street, alley or avenue where such
grading or paving is to be done as therein specified.
SEc. g. All such grading, paving and laying shall be
in conformity with the grade of the street, alley or avenue,
(unless otherwise ordered,) and done under the direction of the
City Engineer, and all expenses of paving and laying of any
sidewalk shall be paid by the owners of the lots abutting
where such grading, paving or laying is to be done: Provided,
that the cost of sidewalks laid to temporary grade shall not
exceed the sum of forty cents per lineal foot.
SEC. ro. If the owner or holder of any lot, or part of lot,
shall neglect to pave or lay his sidewalk in conformity with
the order of the City Council, published as aforesaid, the City
Engineer shall contract for the same to be done at the expense
of the city and shall make his report of the expense thereof
to the City Council, and if the same be approved by said
Council they shall forthwith levy a special tax on each lot or
part of lot abutting on such improvement sufficient to pay the
costs of the improvement made in front thereof, and shall
proceed to collect the same in the same manner as is herein
provided for the collection of taxes levied for other street im-
provement. The City Engineer shall let such contract to the
lowest responsible bidder after advertising for bids for at least
five days in the official papers of the city.
SEc. II. As soon as practicable, after any improvement
herein provided for shall have been completed and accepted
REVISED CITY ORDINANCES. 101
by the City Council, or a Committee thereof, the City Re-
corder shall prepare and cause to be served upon all resident
owners of lots or parcels of land abutting said improvement,
or upon their agents or attorneys, a notice of the special as-
sessment to be levied therefor at the next meeting of the
Council, and notifying such owner to appear and show cause
why the same should not be levied, and the Recorder shall
file said notice with the return of service endorsed thereon
among the papers pertaining to said improvement.
If any owner of such lot, or parcel of land, be a non-resi-
dent having no resident agent or attorney, the notice herein
provided for shall be published for five days in one of the
official papers of the city, and proof of such publication filed as
herein provided. At the next session of the City Council there-
after the Council shall levy a special tax upon the several
lots and parcels of land abutting upon or adjoining any such
improvement sufficient to pay the expense thereof, together
with all costs. The resolution by which such tax shall be
levied shall specify the name of the street, avenue or alley,
the number of the lot, the amount of the tax levied on each,
and the name of the contractor for whose benefit such levy is
made.
SEc. 12. The City Recorder shall, without delay, after
the passage° of the resolution of the City Council levying a
tax, make out and deliver to the City Auditor a duly certified
copy of such resolution,and take his receipt therefor, which
he shall file and preserve in his office.
SEC. 13. The City Auditor upon receiving a certified
copy of such resolution, shall forthwith enter upon the
"Special Assessment Book" kept by the Treasurer, the special
tax so levied by the Council, and shall charge the Treasurer
therewith. Such special tax shall be payable by the owner
or owners of the land at the time of the assessment, person-
102 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 103
ally, and shall be a lien upon the respective lots or parcels of
land from the tirne of the assessment.
SEc. 14. It shall be the duty of the Treasurer forthwith
to give notice by one publication in the official papers of the
city that such tax has been assessed, and that in case of fail-
ure to pay the same within thirty days from date of such
publication, the same shall be delinquent and bear interest
thereafter at the same rate as the delinquent annual city
taxes.
a. At the expiration of the thirty days fixed by said
notice, the Treasurer shall cause notice to be given by pub-
lication once in each week •for four successive weeks in the
official papers, that at a time fixed in said notice and sixty
days after the date thereof, all the real estate upon which
said special tax shall be unpaid and delinquent, and which
shall be correctly described in said notice, will be sold at
public sale, at his office, and also by causing a copy of each
notice to be posted on the door of the City Hall' at least four
weeks before such sale.
b. At the time fixed in said notice the Treasurer shall
offer at public sale at his office, all lands, lots, and parts of
lots, on which any special assessments so levied remain un-
paid, and all the provisions of Chapter 34 of the ordinances
governing the sale, redempton, Treasurer's deed, fees, interest
and penalties in cases of delinquent annual city taxes, shall
apply to all delinquencies and sales under the provisions of
this chapter.
SEC. 15. That at the next regular session of the City
Council, after such special tax shall have become delinquent
as provided for in section 14 of this ordinance, they shall
cause orders to be drawn on the City Treasurer in favor of
such contractor or contractors for the amount of such work
found to be delinquent and unpaid : "But no money shall be
paid or advanced by the city to any contractor by such orders
or otherwise during the progress of any work authorized by
this ordinance for which a special assessment shall be levied
or in any other manner than is herein provided."
Section 1 passed April 10, 1884. Section 11 passed April 10, 1884.
Section 4 passed June 6, 1887. Section 14 passed December 7, 1885.
Following is an amendment to the foregoing chapter,
passed June 7, 1886 :
Be it Ordained by the City Council of the City oy Dubuque
SECTION I. That from and after the taking effect of this
ordinance; no materials except brick, natural or artificial
stone or cement, shall be used in constructing, renewing, or
relaying of any sidewalk on the following named streets
and parts of streets in the city of Dubuque, to -wit :
Clay Street, the full length thereof.
Iowa and Main Streets, from First to Seventeeth Street.
Locust and West Locust Streets from First to Seven-
teenth Streets.
Bluff Street from First to Sixteenth Street.
Couler Avenue from Eighteenth Street to Sanford Street.
And all cross streets from First Street to Seventeenth
Street, both inclusive from the east line of Clay Street to the
west line of Bluff and West Locust Streets.
SEC. 2. That whenever it shall be deemed necessary for
the greater safety, comfort or convenience of the public, the
City Council may, at its discretion, by resolution, order any
sidewalk already laid to be taken up and removed, and
wholly reconstructed. If on any of the streets or parts of
streets named in the preceding section, such sidewalk shall be
relaid with one of the kinds of' materal specified in said sec-
tion. If situated on any other street or part of street within
the city limits, it shall be reconstructed from such of the ma-
terials specified in section one (I) of Chapter 28 of the revised
ordinances, as the City Council shall designate.
104 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 105
Provided, however, that in every case the City Council
shall have the power and authority to designate the kind of
material to be used in the construction of said sidewalks, that
is, the Council shall have the power to say whether brick,
natural or artificial stone, or cement, shall be used in the con-
struction of any sidewalks mentioned in section one.
SEc. 3. All sidewalks shall be laid or constructed under
the supervision of the City Engineer, whose duty it shall be
to compel every sidewalk to be laid in exact conformity with
the requirements of the ordinances regulating the same, and
to the grade of the street where the same has been established
and the street graded.
If any sidewalk after being constructed shall not be in
exact conformity in any respect with the requirements of the
ordinances on the subject, it shall be the duty of the City
Engineer, in case of the neglect or refusal so to do of the
owner or agent of the abutting property, to cause the same at
the expense of the said owner, to be reconstructed, or relaid in
such a manner as to make the said sidewalk conform to said
requirements. He shall make his " report of the expense of
such reconstruction or relaying to the City Council, and if
the same is approved, the Council shall levy a special tax
against the abutting premises to pay the said expense in the
manner provided in section ten (io) of the ordinance to which
this is amendatory.
SEc. 4. Unless otherwise specially authorized or per-
mitted by the City Council, all sidewalks on the streets and
parts of streets named in the first section of this ordinance
shall be laid the full width thereof, and the City Council may
at any time, by resolution, require and compel any sidewalk
already partially laid, to be relaid in such a manner as to con-
form to the requirements of this provision.
SEc. 5. Nothing in this ordinance shall be construed to
repeal, change, or interfere with any of the provisions of ex-
isting ordinances on the subject of sidewalks, except as they
may be inconsistent with the provisions hereof.
CHAPTER XXXII.
AN ORDINANCE to -provide for giving effect to the pro-
visions of chapter fourteen (14) of the acts of the Twenty-
third General Assembly of the State of Iowa, and making
provision with respect to contracts for paving and curbing
streets, and the construction of sewers, the collection of
assessments and the issuance of bonds or certificates by
the City of Dubuque to pay for such improvements.
Be it Ordained by the City Council of the City of Dubuque :
SEC. 1. Contracts for streets and sewers. SEC. 11,
2. Contract to be let to lowest bidder. 12.
3. Engineer to furnish grades. 13.
1. Bonds to be issued. 14.
5. Bonds to be registered. 15.
6. Bonds to be negotiated. 16.
7. Proceeds placed in improvement fund. 17.
8. Auditor to keep account of improve- 18.
ment fund.
9. Assessment for improvements. 19.
10. Notice to street railways. 20.
Plat of improvement to be filed.
Assessment to be a lien.
Payment of assessments.
Redemption of bonds.
Waiver of illegality.
Mistakes not to effect validity.
Applicable to all kinds of material
Plans and specifications to be ap-
proved.
Acceptance of work. '
Repeals inconsistent ordinances.
SECTION Z. That when the City Council of the City of
Dubuque shall direct the paving and curbing of any street or
streets, or the construction of any sewer or sewers, the cost of
which shall be assessable against the abutting real estate, it
shall make and enter into contract for furnishing the ma-
terials and making the improvement, either for the entire
work in one contract or parts thereof in separate and specified
sections, as the Council may deem best.
SEC. 2. All such contracts shall be made with the low-
est responsible bidder or bidders upon sealed proposals, after
public notice for not less than ten days in at least two news-
papers published in the City of Dubuque, which notice shall
state as nearly as practicable the extent of the work, the kind
of materials to be furnished, when the work shall be done,
and at what time the proposals will be acted upon. Each
106 REVISED CITY ORDINANCES.
contractor shall be required to give bond to the City, with
sureties to be approved by the City Council, for the faithful
performance of the contract.
SEC. 3. It shall be the duty of the City Engineer to
furnish the Council with the proper grades and lines of the
street or streets to be improved and to see that the work is
done in accordance with the ordinances and regulations of
the city with respect to said grades and lines.
SEC. q. For the purpose of providing for the cost and
expenses of any such improvement or improvements the City
Council shall, from time to time as the work progresses,
snake requisition upon the Mayor for the issue of the bonds
of the City of Dubuque in such sums and of such denom-
inations as the Council shall deem best. And it shall be the
duty of the Mayor to make and execute bonds accordingly
in the name of the city to an atnount not exceeding the
amount of the contract price for such improvement and the
incidentals attending the same. Said bonds shall bear the
name of the street or streets improved, and be signed by the
Mayor and countersigned by the City Recorder and City
Auditor and sealed with the corporation seal of the city, and
shall all bear the same date and be payable seven years after
date and be redeemable at any time at the option of the city,
and shall bear such interest as the Council nay direct at a
rate not exceeding six per cent. per annum, payable semi-
annually.
SEc.. 5. When such bonds shall have been issued by the
Mayor and sealed with the corporation seal of the city they
shall be delivered to the City Recorder, who shall coun-
tersign the same and register them in a book to be kept for
that purpose; they shall also be registered by the City
Auditor in the bond registry book of the city kept in his
office, and countersigned by him. Said bonds shall then be
REVISED CITY ORDINANCES. 107
delivered by the City Recorder to the committee or person
or persons authorized to negotiate the same, taking receipt
therefor.
SEC. 6. The committee or other persons authorized to
negotiate said bonds shall negotiate the same in such man-
ner as they may deem best, under direction of the Council,
and at such price as may be obtainable for the same not less
than par, and shall pay all moneys received therefrom to the
Treasurer of the city, taking duplicate receipts therefor, one
of which shall be delivered to the City Auditor. They shall
also report in writing to the City Recorder the number of
bonds sold and the amount received therefor, which report
shall be accompanied by a duplicate copy of the City Treas-
urer's receipt for the amount of the proceeds paid to him.
Before delivering said bonds to the purchaser of the same
said bonds shall be countersigned by the committee or other
person or persons authorized to negotiate the same.
SEc. 7. All moneys received by the City Treasurer from
the sale of said bonds shall be kept by him in a separate
fund, which shall be known as the " Street Improvement
Fund," and paid out only on requisition of the Council, ac-
companied by affidavit of the Engineer that the work has
been done or material furnished to the amount of said war-
rant or requisition, and that it is required for the payment of
the same. And all moneys received by said Treasurer shall
be kept in the same manner and subject to all regulations re-
garding other moneys of the city, except that he shall keep
a separate account of the same, and all interest received
upon the same shall be credited to such fund.
SEC. 8. An account shall be kept by the City Auditor
with the City Treasurer of all money received by the Treas-
urer in said " Street Improvement Fund," and paid ont by
him for the same. He shall report to the Council at the
108 REVISED CITY ORDINANCES.
first regular meeting in each month the condition of said
fund.
SEC. 9. When any such improvement shall have been
completed, it shall be the duty of the City Council to ascer-
tain the entire cost of the improvement, and also what por-
tion of such cost may be by law assessable on adjacent prop-
erty. And the portion of such cost so assessable shall then
be assessed as provided by law or by ordinance of the
city, upon the property fronting or abutting on said im-
provement. When any street railway has been constructed,
and shall remain upon any street which the Council may
direct to be paved and curbed, or otherwise improved, at the
time when such direction shall be given; and when the
owner or owners of such street railway may be bound to
pave or otherwise improve any portion of said street under
Section one (I) of Chapter 16, of the Acts of the Twenty-
second General Assembly, or by virtue of the provisions of
any contract, or ordinance of the city, under which said
street railway may have been constructed, or be maintained,
and the owner or owners shall fail or refuse to comply with
the order of the,Council to do sucli paving, then the portion
of the cost of paving such street, assessable on such street
railway, shall be assessed against such street railway.
SAC. 1o. That whenever any improvement contem-
plated by this ordinance shall be ordered by the City Council,
it shall be the duty of the City Recorder, as soon as practica-
ble thereafter, to cause to be served on the managing officer
of any street railway company occupying or about to occupy
with its track the street or streets ordered to be improved, a
copy of the resolutions ordering such improvement; and the
resolution shall direct such street railway company to im-
prove such portion of the street as is contemplated by Section
one (1) of Chapter sixteen (i6) of the Acts of the Twenty -
Second General Assembly, or as shall be designated or re -
REVISED CITY ORDINANCES. 109
quired by virtue of the provisions of any contract or ordinance
of the city under which said street railway company may have
been constructed, specifying the general character of the ma-
terial to be used and the time when said work shall he
commenced and finished. And said resolution shall require
of said street railway cocnpany to designate in writing, within
five (5) days after the service of a copy of the same on said.
railway company, whether or not it proposes and desires to
do the work of improvement itself; and that in case of failure
of said street railway company to so designate its wishes in
writing within the time specified, it will be presumed that
the said railway company does not propose to make the im-
provement itself, and the City Council will then be at liberty
to make the improvement as contemplated by law, at the ex-
pense of such street railway company.
SEc. II.It shall be the duty of the City Engineer to
make and file for public inspection in the office of the City
Recorder, a plat of the place or places on which such im-
provement shall me made, showing the separate lots or parcels
of ground subject to assessment for such improvement, and
the narnes, so far as practicable, of the several owners, and
the amount to be assessed against each lot or piece of ground;
and if such improvement shall be the paving or other im-
provement of any street, said plat shall also show any and all
street railway tracks thereon, and the amount, if any, to be
assessed against such street railway, and shall, after the mak-
ing;and filing of said plat as aforesaid, cause to be given ten
days public notice in two daily newspapers published in the
City of Dubuque, that such plat is on file in the office of the
City Recorder for the inspection of any person or company
interested therein, and that such person or company, having
any objection to the tax proposed to be assessed thereby, may
file with the City Recorder his or their objections in writing,
at or before the next meeting of the City Council after the
publication of such notice; that the City Council at such
110 REVISED CITY ORDINANCES.
meeting, or as soon thereafter as practicable, after hear-
ing and deciding upon any objection so filed, if any, and after
making all necessary corrections in the assessment as pro-
posed by said plat, will assess and levy as a special tax upon
the property of each owner liable to special assessments as
aforesaid, its just and true proportion according to law, and
according to said assessment proposed by said plat, as cor-
rected and approved, of the amount to be specially assessed
for such improvement. Said assessment shall be duly en-
tered on the proper tax books of such city, and shall be pay-
able at the office of the City Treasurer of said city in seven
equal installments, with interest at the rate of six per cent
per annum, from the date of the assessment, upon the unpaid
portion thereof, the first of which, with interest on the whole
amount at six per cent per annum, shall be payable on and
after the date of such assessment as aforesaid, and the others
annually, after the date of said assesstnent,and said assessment
shall be collected like other special taxes, as may be provided
by the ordinances of the city of Dubuque.
SEc. 12. Said assessment, with interest accruing thereon,
shall be a lien upon property abutting upon the street or
streets on which any such improvement is made, or upon
such improvement from the commencement of the work, and
shall remain a lien until fully paid and shall have precedence
over all other liens except ordinary taxes, and shall not be
divested by any judicial sale; Provided, That such lien shall
be limited to the lots or lands bounding or abutting on such
street or streets, or on such improvement and not exceeding
in depth therefrom 15o feet. Any 'assessment against any
street railway for the paving of any street shall be a first and
paramount lien upon the entire tract of said street railway
within the limits of the City of Dubuque.
SEc. 13. The owner of any property against which an
assessment shall have been made for the cost of any such
REVISED CITY ORDINANCES. ;111
improvement shall have the right to pay the same in full,
with interest thereon at the rate of six per cent. per annum
from the time said assessment was made, or after having paid
one or more of said seven installments, and interest, he may
at any time pay in full the balance thereon at six per cent.
per annum from the time when the preceding payment becomes
due, and such payment in full shall satisfy and discharge the
lien upon said property, and any owner of such property who
shall divide the same so that the feet front on any such
improvement are divided into separate lots or parcels, may
discharge the lien in like manner upon any one or more of
such lots or parcels by payment of the amount unpaid thereon,
calculated by the ratio of feet front of such lot or lots, or parcel
or parcels, to the feet front of the whole lot. If any assess-
ment shall have been made against any street railway for the
paving of any street, the owner of said street railway shall
have the same rights as are hereinbefore provided, to pay in
installments, or to pay in full, the assessment against said
street railway ; but no part of the line of said street railway
shall be released from the lien for any portion of any unpaid
assessment which may have been made against it for paving
any street as aforesaid.
SEC. 14. All moneys received from assessments shall
be appropriated to the payment of the interest, or payment and
redemption of the bonds that shall be issued for such improve-
ments. And if any interest shall become due on any of said
bonds when there may be no money in the City Treasury,
derived from such special assessments, to pay the same, the
Council shall temporarily transfer a sufficient sum from the
general fund, or make a temporary loan for the payment
thereof.
SEc. 15. The City Council may at any time in its dis-
cretion, when levying a special assessment against any lots,
or any street railway, for any street improvement contem-
T
112 REVISED CITY ORDINANCES.
plated in this ordinance, by resolution, require the owner or
owners of such lot or lots or street railway to severally prom-
ise and agree in writing that in consideration of having the
right to pay his or their assessment or respective assessments
in installments, they will not make any objection of illegality
or irregularity as to their respective assessments, and will
pay the same with interest thereon at the rate of six per cent.
per annum as said installments shall severally become due,
and any owner of any lot or lots, or any street railway, as-
sessed for payment of cost of any such improvement, who
will not promise and agree in writing, as above provided,
shall be required to pay his assessment in full when made,
and the same shall be collectable by or through any of the
methods provided by law for the collection of assessments for
local improvements.
SEc. 16. Any mistake in the description of the prop-
erty or in the name of the owner, shall not vitiate the lien on
the property assessed, nor effect the validity of the assess-
ment.
SEC. 17. The provisions of this ordinance shall apply
to all methods of improving the surface of the streets of the
city between and including curbing, when the cost of the
work is assessable to the abutting real estate, whether the
material used for paving, be brick, wooden or granite blocks,
or macadam.
Sue. 18. The plans and specification for the paving of any
street with brick, shall be subject to the approval of the Com-
mittee on Paving, and the execution of the work shall be
under the supervison of the City Engineer and said committee;
those for paving with macadam, shall be approved by, and the
work performed under the supervision of, the Committee on
Streets, and the City Engineer.
Suc. 19. Whenever any contract, as contemplated in
the first and second sections of this ordinance, shall be fully
REVISED CITY ORDINANCES. 113
completed according to the plans and specifications, it shall
be the duty of the committee having the same in charge to
report the fact to the City Council, which shall accept the
work, unless valid objections shall be made. When accepted
the amount due the contractor shall be paid within thirty
days after acceptance, according to the estimate of the
City Engineer, approved by the committee in charge of the
work, by warrants on the "Street Improvement Fund," said
payment to be made in full, unless, by the terms of the con-
tract, a per centage is to be retained for a specified period, as
a guarantee that the contract has been faithfully executed.
Nothing herein shall be construed to prevent the City
Council from making payments on account of the improve-
ment before completion, under the recommendation of the
committee in charge.
SEC. 20. All ordinances or parts of ordinances incon-
sistent with, or contravening any of the foregoing provisions,
are hereby repealed ; but nothing herein shall be construed
to affect or invalidate any ordinance or resolution heretofore
adopted not in conflict with this ordinance.
Adopted November 2, 1891.
CHAPTER XXXIII.
AN ORDINANCE providing for the paving or improving
of streets, between and one foot outside, the rails of Rail-
ways and Street Railways located thereon, and defining
the manner of making Special Assessments to defray
the costs and expenses thereof, and the manner of En-
forcing and Collecting the same.
Be it Ordained by the City Council of the City of Dubuque :.
SECTION I. That whenever the City Council of the City
of Dubuque shall cause to be paved or improved, any street,
avenue or alley whereon any railway has, is,or shall be located ,
8
ti
114 REVISED CITY ORDINANCES.
or laid down, they shall also order and provide by resolution
that the company or persons owning said railway or street
railway, shall pave or improve said street, avenue or alley, be-
tween the rails of said rai`way or street railway and one foot
outside the rails thereof, at their own expense and cost.
Sc.'2. Said paving or improvement to be so con-
structed by said railway, or street railway companies, or per-
sons owning said tracks, shall be ordered by said resolution
of the City Council to be made at the same time as the rest
of the street whereon said railway or street railway tracks
are located.
SEc. 3. Said resolution shall state the manner of mak-
ing said improvement, the kind of material to be used in the
construction thereof, with the plans and specifications
adopted by the City Council for making such improvement,
and shall also provide the time in which said improvement
shall be commenced and finished by the owners of said rail-
ways or street railways.
SEC. q.. That as often as the space between the rails of
said railways or street railways and one foot on the outside
thereof, shall become out of repair, orwhenever in the judg-
ment of the City Council, the same shall require repairing or
reimproving, said Council, by resolution, shall order the
same repaired or reimproved, setting forth the same particulars
with respect thereto as are contained in Section 3 hereof, and
tax the cost and expense of said improvement to said railway,
or street railway companies.
SEc. 5. Upon the expiration of the time in said resolu-
tion limited, for the construction of said improvement, repair-
ing or reimproving, and the owners shall have failed,
neglected or refused to comply with said resolution requiring
said improvement or repairing, the said Council shall by
resolution order that said improvement, reimprovement, or
REVISED CITY ORDINANCES. 115
repairing, be constructed under contract therefor made and
entered into, in the same manner as is provided by Chapter
27* of the Revised Ordinances of 1887 of the City of Dubuque,
in relation to the improvement of streets, avenues and alleys;
and after the costs and expense thereof shall have been ascer-
tained, and said improvement, reimprovement or repairing
shall have been constructed and made, and upon the filing of
the report of the City Engineer and Street Committee showing
the said facts, the said City Council -shall adopt a resolution
setting forth the facts of said improvement, reimprovement
or repair having been made, and the costs of making the same,
and also the amount proposed to be assessed as a special tax
to pay for said improvement, reimprovement or repair, against
said railway or street railway companies, person or persons,
owners of said railway tracks, and requiring all persons, com-
panies, corporations or parties aggrieved, or having any
objection to said special assessment against his, her, or their
property, to make such objections in writing to the City
Council in the manner as provided by Chapter 27 of the
Revised Ordinances of 1887 of the City of Dubuque, relating
to assessments and levying a special tax for the improving of
streets, avenues and alleys.
SEc. 6. The City Council shall meet at the time desig-
nated for the hearing and determination of the objections so
filed, if any, and shall have power to amend, revise and alter
said assessment list, and may adjourn from time to time until
said objections are fully heard, determined and considered,
and upon final determination thereof,shall adopt and confirm
the same, and thereupon shall pass a resolution declaring
said assessment so made and determined and confirmed, a lien
upon all property, both real and personal, of said railway
company, or street railway company, or person or persons,
owning said railway tracks as aforesaid. And said tax and
assessment as levied, shall become delinquent, and shall be
116 REVISED CITY ORDINANCES.
collected and enforced, in the same way and manner as other
assessments of special taxes upon abutting property on
streets, avenues and alleys, as is more particularly set out in
Chapter 27* of the Revised Ordinances of 1887 of the City of
Dubuque, and all rules, orders, ordinances and resolutions of
the City Council and laws of the State relating to the en-
forcement of special taxes and assessments shall be applicable
to the special assessment .herein provided for.
Adopted January 9, 1891.
*NomE—Chapter 27 of the Ordinances of 1887 corresponds to Chapter 31 of
this volume.
CHAPTER XXXIV.
AN ORDINANCE in relation to Excavations in Streets
and Alleys, and providing among other things for Pud-
dling all Refillings in the same.
Be it Ordained by the City Council of the City of Dubuque :
SECTION i. That no person, partnership or •corporation
shall make or cause to be made any excavation in any street
or alley without written permit from the City Engineer. All
excavations and fillings are to be done under the direction
and to the satisfaction of the Sewer Inspector. The filling
to be done by thoroughly puddling the filling with water and
ramming the material in such manner that no settling will
occur.
All paving dirt or macadam removed shall be carefully
replaced by the party making the excavation in a manner so
as to leave the surface in as near the original condition as
possible.
SEc. 2. All subsequent settling of trench or pavement
shall be repaired by the party having the work, when notified
to do so by the city.
REVISED CITY ORDINANCES.
117
SEc. 3. Persons, partnerships or corporations must file
with the City Recorder a bond in the sum of .$zoo, condi-
tioned to guarantee the proper repairs, puddling, tamping
and work to be correctly done.
Adopted June 4, 189o,
NOTE --The foregoing ordinance is amended and modified in the chapter
following.
CHAPTER XXXV.
AN ORDINANCE Relating to the Excavation of Paved
Streets, Highways, Avenues and Alleys.
SEc. 1.
2.
3
4.
5.
6.
Excavation of Streets.
Permit for excavations.
Application for permit.
Permit may be granted.
Refilling excavations.
Recorder to keep Record of
Permits.
SEC. 7. Permit to be exhibited to Police
Officers.
8. City Contractors not required to
make money deposit.
9. Sewer Inspector to restore Street.
10. Penalty
Be it Ordained by the City Council of the City of Dubuque.
SECTION I. Whenever any portion of any street, high-
way, avenue or alley in the City of Dubuque is ordered paved
or macadamized by the City Council, it shall be the duty of
every person, co -partnership, corporation or company to take
notice of such order and forthwith and before any such portion
of street, highway, avenue or alley is paved or macadamized,
to make all excavations for making gas, water, sewer, steam
heating and all other desirable or necessary connections ;
Provided, That every person, corporation, or company, before
and in the making of any such excavation, shall comply
strictly with all existing ordinances governing excavations in
the streets, highways, avenues and alleys.
SEC. 2. No person, corporation or company shall dig,
excavate, or in any manner break up any paved street, high-
way, avenue or alley in said city unless such person, corpora-
tion or company shall first have obtained a permit from the
City Recorder of the City of Dubuque as hereinafter provided.
118 REVISED CITY ORDINANCES.
SEC. 3. Any person, corporation or company desiring
the permit referred to in Section 2 hereof, shall make written
application for the same to the City Recorder of said city,
stating specifically the place, extent and purpose of such
excavation, when the same will be made, and that such
person, corporation or company will furnish a money deposit
as hereinafter required, and that such person, corporation or
company will allow said city, out of such deposit, to repay
itself the cost and expense incurred by it in filling excavation
and restoring the street, highway, avenue or alley at the
place of excavation, to its proper condition prior to such exca-
vation.
SEc. 4. That the City Recorder may grant a permit
which shall be approved and countersigned by the Mayor, to
any person, corporation or company making application as
aforesaid, to dig or excavate in any paved street, highway,
avenue or alley of said city ; Provided, such person, corpora-
tion or company shall deposit with the City Treasurer such
sum of money as said City Recorder shall require, to pay the
cost and expense of refilling the paving and restoration of the
street, highway, avenue or alley to its proper condition prior
to such digging or excavation; and, provided, further, that no
permit to dig or excavate in the paved streets, highways,
avenues or alleys of said city shall be granted by the City
Recorder when the ground is frozen to a depth of twelve
inches or more, unless'in case of extreme emergency ; and,
provided, further, that no such permit shall be valid until
approved by the Mayor and such money deposit made as
hereinbefore provided.
SEe. 5. All the work of refilling such excavations and
replacing the paving and restoring the street, avenue, high-
way or alley to its condition prior to any digging or excava-
tion therein, except as hereinafter provided, shall be done by
the City of Dubuque under the special supervision of the
REVISED CITY ORDINANCES. 119
Sewer Inspector, and the cost thereof shall be deducted from
the money deposited as hereinbefore required, and the bal-
ance of such money, if any, shall be repaid to the depositor
by the City Treasurer upon the written order, report and
direction of. the Sewer Inspector, approved and countersigned
by the Mayor, and not otherwise.
SEc. 6. It shall be the duty of the City Recorder to
keep a correct record of all permits granted by him under
the provisions of Section 4, which shall show the name of
the person, firm or company, to whom the permit was
granted, the place, extent, and purpose of the excavation,
when the same is to be made, the time required to complete
the same, the amount of money deposited with the Treasuer
and the date of the permit. For the purpose of keeping and
preserving such record, he shall procure a bound book of
printed blank permits, numbered consecutively, and the stubs
of which shall be an exact copy of each permit. The Re-
corder shall also procure and keep on hand for the use of
applicants a supply of printed blank applications for permits,
and such other blanks as may be necessary. Whenever any
permit shall be given by the Recorder he shall give written
notice of the same to the Sewer Inspector, who shall
have supervision of the work of excavation, and see that the
same is made in all respects in accordance with the permit
granted.
SEe. 7. It is hereby made the duty of the City Mar-
shal, Sewer Inspector, Street Commissioner, and of all the
police officers or the city to take notice of any excavations
being made in any of the streets, alleys, or public places of
the city, and to arrest any person, or persons, engaged in
making or directing or superintending such excavations, un-
less he or they shall exhibit a written permit for the making
of the same, duly issued in accordance with the provisions
of this ordinance.
120 REVISED CITY ORDINANCES.
Sue. 8. Contractors with the City of Dubuque, for the
construction of sewers, or the laying of sewer pipes, shall not
be required to make any money deposit when obtaining per-
mits for excavations, but any moneys at any time due such
contractors from the city on their contracts, or so much as
may be required to complete the filling of the excavation,
and the 'restoration of the street or alley to a good condition,
shall be retained by the city and used for such purpose, and
no contract for such work shall be finally settled and paid for
until the production of a written certificate from the Sewer
Inspector, that the excavation has been properly filled and the
surface of the street restored to good condition.
SEC. 9. It shall be the duty of the Sewer Inspector up-
on being notified of any such digging or excavating having
been completed as hereinbefore required, to cause, without
delay, such excavation to be refilled, the paving to replaced
and the street restored as fully as possible to its former con-
dition, and to keep!an accurate itemized account of expenses in-
curred by him in such work, which shall include the cost of
a sufficient supply of water for flushing, and to report as soon
as work shall be completed the amount of such expense to
the. City Treasurer, who shall deduct such amount from the
amount deposited and return the depositor the balance, if any
there be.
SEC. 10. Any person, co -partnership, corporation or
company who shall violate any provision of this ordinance
shall be deemed guilty of a misdemeanor, and, upon convic-
tion thereof, shall be fined not less than $5 nor more than
$1oo, and upon failure to pay said fine to the City of Du-
buque, imprisonment shall follow as provided by the charter
and ordinances of the City of Dubuque.
Adopted October 4, 1892,_
REVISED CITY ORDINANCES. 121
CHAPTER XXXVI.
AN ORDINANCE to protect the paved and macadamized
streets of the City of Dubuque, and for that purpose to
regulate the width of the tires of wagons, trucks, drays
and other vehicles' used for the transportation of heavy
articles.
Ile it Ordained by the City Council of the City of Dubuque :
SECTION I. That on and after the first day of Novem-
ber, 1892, it shall be unlawful for any teamster, truckman,
drayman, cartman, wagoner, or other person, to drive, or use,
or permit to be driven or used, on any of the paved or macad-
amized streets of the City of Dubuque, any wagon drawn by
more than one horse or mule, or any truck, dray, cart or
other vehicle used for the Hauling of any kind of merchan-
dise, lumber, cordwood, pinewood, coal, ice, stone, brick,
earth, sand or gravel, or other heavy articles of any kind, un-
less the tires of the wheels of such wagon, truck, dray, cart or
other vehicle shall be at least three and one-half inches in
width. Provided, That until after the first day of March,
1893, the provisions of this section shall not apply to the wag-
ons of farmers bringing into the city any kindof farm produce,
or in the city for the purpose of trading.
SEC. 2. That on and after Nov. 1, 1892, itshall be un-
lawful for the owner or driver of any omnibus, omnibus
wagon, baggage wagon or milk wagon, to drive, or use, or
permit to be driven or used, on any part of the paved or ma-
cadamized streets of the city, any omnibus, omnibus wagon,
baggage wagon, or milk wagon drawn by more than one
horse or mule, unless the surface of the tires of the wheels of
such omnibus, or other vehicles, shall be at least three inches
in width.
Suc. 3. That after the expiration of three months from
the date of the taking effect of this ordinance it shall be un-
122 REVISED CITY ORDINANCES.
lawful for any teamster, farmer, truckman, drayman, or
other owner or driver of any wagon, truck, cart or other
vehicle, drawn by more than one horse or other animal, to
lock or permit to be locked, or otherwise prevent or obstruct
the turning of the wheels of such wagon or other vehicle
while being driven 'on any street, avenue or public road or
alley within the city limits, except by means of a metal or
wooden shoe at least four inches wide. Provided, That this
section shall not apply to vehicles used exclusively for the
transportation of passengers.
SEc. 4. That any person who shall be guilty of vio-
lating any of the provisions of this ordinance shall, on con-
viction thereof, be fined $1 for the first offense, with costs of
suit; and for each subsequent offense not less than $5 nor
more than $20, with costs.
SEc. 5. That the ordinance adopted Aug. 5, 1889, en-
titled, An Ordinance "regulating teamsters and owners of
heavy draft wagons," drays, trucks, etc., for protection of
streets," be and the same is hereby repealed.
SEC. 6. That the City Marshal, Street Commissioner,
and other city officers having police powers, are specially
charged with the strict enforcement of this ordinance.
Adopted October 3, 1892.
REVISED CITY ORDINANCES. 123
CHAPTER XXXVII.
AN ORDINANCE regulating the Sprinkling of Streets and
Public Places.
SEC.1. Unlawful to sprinkle without
permit.
2. The permit by whom and when
issued.
3. Additional permit granted when.
SEC. 4. Recorder shall keep record of
permits.
5. Council may make further regula-
tions.
6. Violation subjects to fine from
$1.00 to $20.00.
Re it Ordained by the City Council of the City of Dubuque
SECTION I. That it shall be unlawful for any person or
persons to sprinkle with water any street, or portion of any
street, or other public place, in the City of Dubuque, except
in front of premises occupied by him, or them, without hav-
ing first obtained a written permit therefor. Such permit
shall be signed by the . Mayor and attested by the City Re-
corder, with the seal of said city attached. The permit shall
specify accurately the block or blocks or definite portion of
the street for which the permission to sprinkle is granted; it
shall also specify the period of time for which permission is
given, which shall not extend beyond the first day of Janu-
ary, next ensuing.
SEc. 2. No permit for the sprinkling of any street, or
portion of any street, shall be issued, unless the person or per-
sons applying for the same shall first obtain and present to
the Mayor a written request, duly signed by the majority of
the persons residing or doing business in the buildings front-
ing on both sides of the street or portion of the street proposed
to be sprinkled, asking for the granting of said permit, and
agreeing to contribute to the expense of sprinkling. When-
ever such written request shall be presented to the Mayor, it
shall be his duty to issue the permit to the person, or persons,
or firm, in whose behalf the application is made. The appli-
cation, or a copy of the same, shall be filed in the office of the
124 REVISED CITY ORDINANCES.
•
City Recorder. Before issuing the permit, the Mayor shall
be satisfied that the written request for the same herein re-
quired has been signed in good faith by a majority of the
actual occupants of the buildings fronting on the street or
portion of the street to be sprinkled, and in case of any dis-
pute or doubt in relation thereto, the Mayor shall investigate
the facts, and decide accordingly, but any person aggrieved
by his action may appeal to the Council.
SEc. 3. When a permit has been issued to any person,
or persons, for the sprinkling of any street, or part of a street,
no additional permit for the sprinkling of the same ; hall be
granted to any other party until the expiration of the time
specified: Provided, however, That if any person or persons
holding a sprinkling permit shall abandon the work, or fail
to perform the same in a proper manner, the City Council
may declare the permit forfeited and cancelled, and a permit
may be granted to other parties.
Suc. 4. It shall be the duty of the City Recorder to
keep a record of all permits issued under the provisions of
this ordinance, showing the names of the persons to whom
issued, date of issue, street or part of street to be sprinkled,
and period for which granted, He shall provide a suitable
book for that purpose and the proper blanks for permits.
SEc. 5. The City Council may at any time make such
further regulations in regard to the manner of watering the
streets of the city as it may deem expedient, and may desig-
nate certain hours of the day within which the same shall be
done.
SEc. 6. Any person who, after the taking effect of this
ordinance, shall violate the provisions of the first section here-
of, shall, on conviction thereof before any court having juris-
diction, be fined for each offense not less than one (I) dollar
REVISED CITY ORDINANCES. 125
nor more than twenty (2o) dollars, in the discretion of the
court, and costs of prosecution.
Passed May 12, 1885.
CHAPTER XXXVIII.
AN ORDINANCE regulating the Repairing of Sidewalks.
Ssc. 1. Engineer to establish grade. SEC. 4. Street Commissioner.
2. Curbstones. 5. Assessment on property.
3. Six hours notic to repair.
Re it Ordained by the City Council of the City of Dubuque:
SzcPIoN i. That all sidewalks hereafter paved or re-
paired, 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 res-
olution of the City Council ordering the same to be laid, they
shall be built of brick or stone, or plank, at the option
of owner of the property in front of whose lot or land
such sidewalk shall be laid ; if of brick, they shall be made of
good, substantial, hard brick ; if of stone, the same shall not
be less than two inches thick and dressed square, with ham-
mered or square surface ; such brick or stone shall be laid on
a bed of sand at least four inches thick, even at the top, to be
range work, with close joints, full width of sidewalk ; when
of plank, the same shall not be less than two inches thick,
square edge, even surface, closely joined, and of good, sound
material ; and unless a different width shall be specified in
the resolution, shall be laid cross -wise with the sidewalk to
the full width ; and all sidewalks laid to the full width shall
incline to the top of the curbing at the rate of one-half inch
to the foot.
SEc. 2. That the tops of all curbstones hereafter set,
shall correspond to the grade of the street, and they shall be
set on all streets sixty-four feet wide, at a distance of twelve
feet from the line of the street, so that the street between the
126 REVISED CITY ORDINANCES.
curbstones shall be forty feet wide, and on all other streets
the curbstones shall be set at a distance from the line of the
street of one -fifth part of the whole width of the street, unless
the same be otherwise ordered by the City Council, and in
case the location of a curbstone has heretofore been fixed, the
same may be changed upon application of two-thirds of the
property owners upon the street upon which a change may
be necessary to be made.
SEC. 3. That whenever it shall, be deemed necessary or
expedient by the City Marshal or Street Commissioner of the
City of Dubuque to repair the sidewalk on any street, alley
or avenue, or any part thereof, within the limits of said city,
said Marshal or Street Commissioner shall give to the owners
of each or any lot abutting upon the street, alley or avenue,
where said sidewalk is to be repaired, a notice of not less than
six hours, requiring said owner or owners to repair said side-
walk, or any portion thereof, under the direction of said City
Marshal or Street Commissioner, and in the event of his or
their failing so to do, the said City Marshal or Street Com-
missioner to repair the same at the expense of said abutting
property and owners thereof, and to report the salve to the
City Council, who shall assess and tax up the same against
said property and owners thereof.
SE'C. q.. That if the owner, or owners, or agent thereof,
cannot be found in the City of Dubuque at the time said re-
pairs upon sidewalks or walks are required to be inade, then
and in that event said City Marshal or Street Commissioner
shall repair said sidewalk or walks, or any portion thereof,
without further notice, at the expense of the abutting property
and owners thereof, in the manner as provided in the third
section hereof.
SEc. 5. That after the assessment and levy of the taxes,
as hereinbefore provided, fox the purposes aforesaid, the City
REVISED CITY ORDINANCES. 127
Treasurer shall offer said property fot sale for the payment of
said taxes at the annual tax sale for the payment of delinquent
taxes.
CHAPTER XXXIX.
AN ORDINANCE to require the filling up and raising of
lots to prevent stagnant water. thereon.
SEC. 1. Council order by resolution.
2. City may fill lots.
3. Council levy tax.
SEc. 4. When tax delinquent.
5. Treasurer to sell.
6. Notice to owner.
Be it Ordained by the City Council of the City of Dubuque:
SI'CTION i. That the City Council may at any time, by
resolution, order and require any lot or piece of land in said
city, subject at any time to be covered with stagnant water,
to be filled up and raised ; such resolution shall designate the
particular lot or piece of land, and the height to which the
same shall be filled and raised, and shall also fix a reasonable
time for the completion of the work. Upon the passage of
such resolution, a certified copy thereof shall be issued by the
City Recorder, and served by the City Marshal or his deputy
upon the owner or owners of such lot or piece of land respec-
tively, either personally or by leaving a copy of the same at
his, her, or their usual place of residence; such service may be
proved by the return of the officer making same, endorsed on
the back of the original copy of the resolution issued by the
Recorder, which shall be filed in the office of the Recorder
after having been duly served. In case the owner or owners
of such lots or piece of land shall be non-residents of the
City of Dubuque, notice shall'be given by the City Recorder
by publication in some newspaper of general circulation in
such city for two consecutive weeks; such publication may
be proved by the affidavit of the publisher or foreman of the
newspaper in which the publication was made, which affidavit
shall be filed with the City Recorder.
128 REVISED CITY ORDINANCES.
SEC. 2. If any owner or owners of any lot or piece of
land shall, after notice or publication in the manner provided
in the preceeding section, neglect or refuse to fill up and raise
such lot or piece of land, as may be designated in such reso-
lution, within the time therein specified, to the height pre-
scribed therein, the City Council may cause said raising to be
done at the expense of the. city, and the amount of money so
expended, with the incidental expenses, shall be a debt due
from the owner or owners of said lot or piece of land to the
City of Dubuque, and shall also be a lien on said lot or piece
of land from the time of the adoption of said resolution.
SEC. 3. Whenever the City Council shall cause any
lot or piece of land to be raised and filled at the expense of
the city in consequence of the neglect or refusal of the owner
or owners within the specified time to comply with the order
he
of the Council requiring thesame
or otherwise,e done, tshallld work,
be per-
formed executed by co
under the supervision of the City Engineer, whose
report and estimate to the City Council of the amount and
cost of said work, in the absence of fraud shown, shall be
conclusive evidence of the performance and expense of the
same. Upon the completion of the raising and filling of any
lot or piece of land, at the expense of the city, under the
provisions of this ordinance, it shall be the duty of the City
Engineer to prepare and return to the City Council 'a report
and estimate of the cost of filling the same, with the inci-
dental expenses.
The City Council shall, thereupon, by resolution, assess
and levy a special tax upon said lot or piece of land, sufficient
to defray the entire expense of filling and raising the same
according to the estimate of the Engineer; said special assess-
ment shall be forthwith placed in the hands of the City Treas-
urer for collection, who shall enter the same in the proper
book of "Special Assessments" in his office, and proceed to
REVISED CITY ORDINANCES.
129
collect said special assessment or tax in the same manner and
under the same regulations as the annual city taxes are col-
lected, except as hereinafter otherwise provided. .
SEC. 4. All special taxes for raising and filling of lots
under the provisions of this ordinance shall on the first day
of the succeeding calendar month after the levying of the
same by the City Council, if then remaining unpaid, become
delinquent and be subject to the same penalties as are pro-
vided for non-payment of delinquent annual taxes in section
49 of an ordinance entitled "An Ordinance to provide for the
assessment and collection of taxes in the city of Dubuque,"
and, with all penalties accrued, shall be collected by a sale of
the real estate upon, which the same has been specially lev-
ied, at the succeeding annual tax sale of real estate for non-
payment of delinquent annual taxes.
All provisions of the ordinance referred to by its title in
this section, so far as applicable, shall be observed by the
City Treasurer, and govern such sales. The real estate sold
may be redeemed in the same time and manner, upon the
same conditions, by the payment of theamount for which
the same sold, with the same penalties and interest as pro-
vided in said ordinance.
SEC. 5. It shall be the duty of the City Treasurer, on
the day appointed, to offer and sell said real estate to the
highest bidder therefor. If any lot or piece of land sold at such
sale shall bring more than the sum required to pay the special
taxes thereon, with penalties and costs, the overplus shall re-
main in the hands of the City Treasurer until called for by
the owner of said lot or piece of land, or other person legally
entitled to receive the same, when the Treasurer shall pay
said overplus over to such owner or other person. If such
lot or piece of land shall fail to sell for the sum required to
9
fi
180 REVISED CITY ORDINANCES.
discharge such special tax, with penalties and costs, the City
Treasurer shall credit the amount for which said lot or piece
of land was sold on said special tax, and the balance of said
special tax, still remaining unpaid after such credit, shall be
a debt from the owner or owners of said lots to the City of
Dubuque, and shall bear interest from the date of such sale
at the rate of ten (io) per cent per annum. The City Treas-
urer shall report to the City Council the result of all such
sales, and shall certify to the City Council any balance re-
maining due of the special tax on any lot or piece of land
for the filling of the same (including interest, penalties and
costs), after crediting the proceeds of the sale, and the City
Council shall thereupon place said indebtedness in the hands
of the City Attorney, who shall proceed to collect the same
by suit in the proper court against the owner or owners of
such lot or piece of land.
SEC. 6. That before the passage of the resolution order-
ing lots to be filled up and raised as designated in Section z
of this ordinance, the City Recorder shall prepare a notice
for the owner or owners of the lot or lots proposed to be filled
up, which notice shallapprise the owners of the Council's
intention to pass the resolution contemplated in Section i of
this ordinance, and it shall notify such owners to appear at
the next regular session of the Council to show cause, if any
they may have, why said resolution should not be passed.
Such notice shall be served in the same manner, and the
return shall be the same as provided in Section i of this
ordinance.
Passed December 3, 1883, except Section 6, which was passed September
6, z 886.
8
REVISED CITY ORDINANCES.
131
CHAPTER XL.
AN ORDINANCE providing for the filling up, fencing and
otherwise protecting mineral holes and other dangerous
excavations.
SEC. 1. Council order by resolution.
2. Time of completion.
3. Notice to owner, 10 days.
4. Copy of resolution to owner.
SEC. 5. Failure to do work.
6. Notice to owner.
7. Tax lien on land.
8. Treasurer to sell property.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That the City Council may, at any time,
by resolution, order and require any lot or lots in said city
upon which are situated any mineral holes or other dangerous
excavations, to be filled up, fenced, barricaded or otherwise
protected.
SEC. 2. Such resolution shall designate the particular
lot or lots, or part of lots, upon which are situated said danger-
ous holes or excavations, and the mode in which the same
shall be filled, fenced or otherwise protected, and shall fix a
reasonable time, not exceeding 6o days, for the completion of
said work.
SEc. 3. Before said resolution shall be passed, the City
Marshal shall give to the owner or owners of said lot or lots,
or parts of lots, io days' notice in writing of the Council's in-
tention to pass said resolution; the notice herein mentioned
shall be served in the manner hereinafter pointed out for the
service of a copy of the resolution as passed.
Sue. 4. 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, or parts of lots, respectively, either personally
or by leaving the same at his, her, or their .usual place of resi-
dence. In case of non-resident owners, notice shall be given
132 REVISED CITY ORDINANCES.
by publication in an official paper of the city for the period of
five clays.
SEc. 5. If any owner or owners of any lot or lots, or
parts of lots, shall, after such notice, neglect or refuse to fill
up, fence, or otherwise protect such dangerous mineral holes
or other excavations so situated upon the lots- or parts of lots
thus designated in said resolution, within the time required
thereby, the City Council may cause the same to be done at
the expense of the city, and assess the cost thereof, with the
incidental expense on the lot or lots, respectively; and the
City Engineer shall forthwith make out and prepare an as-
sessment roll thereof, on which shall appear the numbers or
description of such lot or lots, names of owners (when known),
cost of filling up, fencing, or otherwise protecting said holes,
and the other incidental expenses connected with the doing
of said work, and shall deliver the same to the City Council,
and said Council may, after having examined and approved
of the same, levy and assess such costs and expenses against
the premises chargeable therewith, and may order that suit
be instituted in any court having jurisdiction to subject the
property to the payment of such assessment, according to the
terms and provisions of sections 478 and 479 of the Iowa
Statutes.
SEC. 6. Before the resolution levying the special tax
provided in section 5 thereof, shall be passed by the Council,
notice to the property owners affected by said resolution shall
be given as in cases of other special assessments for the im-
provement of streets and alleys.
SEc. 7. Such special tax with proper levy and assess-
ment 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 assess-
ment.
REVISED CITY ORDINANCES.
133
SEc. 8. It shall be the duty of the Treasurer of the city,
forthwith, to give notice by one publication in the official
paper or papers of the city, that such tax has been assessed,
and that in case of failure to pay the same within 3o days
from the date of such publication, the same shall be delin-
quent, and shall bear interest at the same rate as the regular
delinquent city taxes, and he shall proceed to collect the same
at the same time and in the salve manner as regular taxes are
collected; and if any special tax be not paid before the next
issuing sale of property for delinquent tax, he shall advertise
and sell any property against which any special assessment
shall remain unpaid, under the same rules and regulations as
property delinquent for regular city taxes.
Passed September 6, 1886.
CHAPTER XI,I.
AN ORDINANCE relating to the obstruction of streets, al-
leys, and sidewalks.
SEC. 1. Porch not to extend over four feet. SEC. 16. Trees planted two feet from line.
2. Cellar door not to extend over five
feet.
3. Windows not to extend over twen-
ty-four inches.
4. No sign post to remain on side-
walk.
5. Awnings must be eight feet high.
6. Goods not to be placed on side-
walk.
7. Goods not to extend over three
feet.
8. No sign or show bill to hang on
sidewalk.
9. Mayor or Marshal to remove.
10. No person to drive over sidewalk.
11. Crosswalks to be kept free.
12. Horses not to be fastened so as to
obstruct walk.
13. Lumber or stone not to be placed
on walk,
14. Fined $1 to $50.
15. Obstruction of streets punished.
17. Injuring sidewalks 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.
22. Sidewalks cleaned by 2 p. m.
23. Construction of pipe.
24. Removal of gravel punished.
25. Must not drive on sidewalk.
26. Permit required to move build-
ing.
27. Building not to remain longer
than one day.
28. Wagons not to remain on side-
walk.
29. Builders obstructing streets pun-
ished.
30. Encroaching on street punished.
31. To be removed within thirty days.
32. Street Commissioner prosecute.
Be it Ordained by the City Council of the City of Dubuque :
SECTroN i. That no porch, gallery, stoop, or platform,
shall be allowed to extend into or upon any sidewalk more
134 REVISED CITY ORDINANCES.
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 conviction.
SEC. 2. That no cellar door for mercantile , or other es-
tablishments, used for receiving goods or other purposes, shall
extend so as to occupy more than five feet of any sidewalk,
and are always to be kept shut, and secure, when not open
for immediate use, under a penalty in each case of five dol-
lars, for each and every offense.
SEc. 3. That no bow -window, or other window, shall
extend into any sidewalk more than twenty-four inches; nor
shall any sign project from any store or other building, into
or over any sidewalk or street, more than three feet, under a
penalty of five dollars for each offense to any person violating
the provisions of this section, and to a like penalty for every
day such violation shall continue, after notice to remove the
same shall be given by the Marshal, or Street. Commissioner.
And all signs heretofore erected or placed over the sidewalk,
shall be removed within ten days after such notice, under a
like penalty.
SEc. 4. That no sign or other posts shall be erected or
placed on or upon any sidewalk, or street, or other public
way, within the city limits; nor, if heretofore erected, shall be
permitted to remain on or upon any sidewalk, or street, or
other public way, under a penalty of five dollars; and a like
penalty for every day such post shall be allowed to remain
after notice to remove the same shall be given to the owner or
occupant of the premises by the City Marshal or Street Com-
missioner; 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
REVISED CITY ORDINANCES. 135
so erected shall be not more than eight inches, nor less than
six inches in diameter, and not exceed four feet in height, and
placed in a line with the outer edge of the sidewalk.
SEC. 5. That all awnings hereafter erected, shall be ele-
vated at least eight feet at the lowest part thereof above the
top of the sidewalk, and shall be supported without posts, by
iron brackets, or by iron frame -work attached firmly to the
building, so as to leave the sidewalk wholly unobstructed
thereby. All awnings heretofore erected in a different man
ner, shall be removed in a reasonable time after notice, as here-
in specified. If any person shall erect any awning contrary to
the provisions hereof, or shall refuse or neglect forthwith to
remove any awning or awning posts, after notice in writing
shall be given him by the Marshal, or Street Commissioner, to
remove the same, he shall 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 ser-
vice thereof.
SEc. 6. That no person shall place any goods or mer-
chandise for sale or exhibition, upon any sidewalk, or sus-
pend any goods over the same for sale or show, except as pro-
vided in the next section, or place or deposit thereon, cause or
suffer the same to be done, any cask, barrel, wood, stove, or
any other article whatever, under a penalty of five dollars for
each offense, and a like penalty for each - and every hour the
same shall remain after notice from the Marshal, or Street
Commissioner to remove the same.
SEc. 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 building; it shall also be lawful for any person to
place or leave for a period not exceeding one hour, on three
feet of the outer edge of the sidewalk in front of his store or
136 REVISED CITY ORDINANCES.
building any goods, wares or merchandise, which he shall be
in the act of receiving or delivering.
SEC. 8. That no owner or occupant of any dwelling
house, store, or other building, shall fix, put up, or erect, or
suffer the same to remain fixed, put up, or erected, any sign,
show bill, scow case, canvas, or other thing projecting from
any building, or hanging over the sidwalk 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 same shall remain, after notice from the Mar-
shal, or Street Commissioner to remove the same.
SEC. 9. That the Mayor, or Marshal, or Street Commis-
sioner, is hereby authorized to cause any post, awning or
other obstruction erected, placed or continued on, or over any
sidewalk, contrary to the provisions hereof, to be removed,
after due notice has been given to remove the same, and a
neglect to comply with such notice.
SEc. ro. That no person or persons, shall drive or back
any horse, wagon, cart, or other vehicle on any sidewalk, or
ride, drive or use any horse, wagon, sled or sleigh thereon,
unless it be in crossing the same, to go into a yard or lot,
when no other suitable crossing or means of access is provid-
ed, under a penalty of two dollars for each offense.
SEc. z z. Thht all cross -walks in the city shall be kept
and reserved free of any sleighs, wagons, carts or carriages,
horses or other animals, being placed or suffered to stand
thereon, except so far as may be necessary in crossing the
same; and the owner or driver of any sleigh, cart or carriage,
or horses or other animals offending herein, shall be subject
to a penalty of two dollars.
SEc. 12. That no person shall at any time fasten any
horse or horses, in such a way that the horse, vehicle, reins
REVISED CITY ORDINANCES. 137
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 ;
and the person in whose possession or use, such horse or
horses shall then be, shall be deemed the offender, unless he
can show to the contrary to the magistrate before whom he
shall be prosecuted.
SEc. 13. That whoever shall in this city, place or
cause to be placed upon any of the streets, alleys, sidewalks,
or public squares, any cord wood, pine wood, timber, lumber,
stone, brick, lime, sand, gravel, earth, or any other species of
property or thing without a written permit from the Mayor,
as provided in Section 29 of this ordinance, and shall suffer
the same to remain more than twelve (12) hours after being
notified by the Marshal or Street Commissioner to remove
the same, shall be fined not less than one nor more than fifty
dollars for each offense and for each day the same shall be
permitted to remain after the notice aforesaid; and any team-
ster or other person or persons who shall unload or place or
cause to be unloaded or placed in the gutter of any public
street or highway in the City of Dubuque, any of the articles
or materials specified in this section, or any obstructions of
any kind whatever, shall on conviction be punished by a fine
of not less than one not more than fifty dollars for each
offense.
SEC. 14. That whoever shall in this city, place or cause
to be placed upon any of the public streets, alleys, sidewalks,
squares or thoroughfares, or upon the premises of any other
person, or upon any vacant lot, any filth, carrion, trash, or
nuisance of any kind, shall be fined not less than one nor
more than fifty dollars.
SEc. 15. That whoever shall in any way obstruct any
street, alley, road or thoroughfare, by placing thereon any
timber, stone or other thing, or in any other manner so as to
138 REVISED CITY ORDINANCES.
hinder the traveling thereon, or render the same dangerous,
shall be fined not less than one nor more than fifty dollars.
SEC. 16. That all ornamental or shade trees hereafter
placed or set out in any street shall be placed or set out with-
in the outer lines of the sidewalk, and within two feet of
said outer line of the sidewalk of such street. But in no
case shall the branches of any tree so set extend further than
eight feet beyond the curb line into the street, and every
person placing, or causing or procuring to be placed, any tree
contrary to the provisions of this section shall be fined not
less than one nor more than ten dollars.
Allornamental or shade trees standing or situated on any
sidewalk or public street of this city, shall he kept so trimmed
that no limbs or branches thereof shall be lower than eleven
feet above the surface of the sidewalk or street at the base of
such trees; it shall be the duty of the Street Commissioner
to enforce due compliance with this provision, and for that
purpose he shall remove from any tree or trees all limbs be-
low the required heighth above the sidewalk, in all cases
where the owner of the abutting real estate shall after reason-
able notice neglect or refuse to remove the same. And the
notice herein referred to shall be a three days' notice pub-
lished for three consecutive days in the official paper of the
city by order of the Street Commissioner.
SEc. 17. That any person who shall injure or tear up
any pavement, side or cross -walk, drain or sewer, or any part
thereof, or who shall dig any hole, ditch or drain, in any
street, pavement or sidewalk without the written permission
of the Mayor, or who shall hinder or obstruct the making or
repairing of any pavement, side or cross -walk, which is or
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 Commissioner, or Marshal, in making or
REVISED CITY ORDINANCES. 139
repairing any public improvement or work ordered by the
Council, the Street Commissioner, 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
constructed or made, any sewer, vault, cistern or well, in or
under any street or alley in this city, without the written
permission of the Mayor, under a penalty of not less than
ten nor more than fifty dollars.
SEc. 19. That whenever permission is given to any per-
son 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, during the
whole of every night, while such sewer, vault, cistern or
well shall be opened or uncovered, fence the same with a
good substantial fence, and cause a lighted lamp or lantern
to be placed . and kept near the same, so that it may be
plainly seen; and every such owner, occupant or person mak-
ing or having in charge such work, who shall neglect the
requirements of this section shall forfeit a penalty of twenty-
five dollars.
SEc. zo. 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 foot of
the outside of the curbstone of the sidewalk; and all such
vaults shall be completed, and the ground and sidewalk re-
placed over them within two weeks after they are respectively
commenced, and every person neglecting any of the provi-
sions of this section shall forfeit and pay the sum of twenty-
five dollars.
SEc. 21. That whenever permission shall be given to
any person to lay any drain, sewer, gas -pipe or aqueduct
along or in any street or alley, or to dig or take up any street
142 REVISED CITY ORDINANCES
Sec. 29. That no builder or other person shall encum-
ber or obstruct, any street or alley with building or other like
tnaterial, without a written permit from the Mayor; nor
shall, except in case of urgent necessity, encumber or ob-
struct 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. Imme-
diately after the completion of the erection or repair of any
building, all building materials of every description, and all
rubbish or debris of any kind remaining, or which may have
accumulated on the street, sidewalk or alley, in front or rear
of the property on which such building may be situated,
shall be promptly removed, and any builder or •owner of
such building who shall neglect or refuse to remove such
materials, rubbish or debris, within twelve hours after being
notified to do so by the Marshal or Street Commissioner,
shall, on conviction thereof, be fined not less than one nor
more that fifty dollars for each offense.
SEc. 3o. No person shall make, or cause to be made,
any erection or enclosure encroaching, in whole or in part,
upon any street, alley, or sidewalk, under a penalty of not
less than ten dollars, and a like penalty for each day the same
shall remain after notice from the Marshal or Street Commis-
sioner to remove the same.
Szc. 31. The owner of any erection or enclosure al-
ready erected or placed, encroaching upon any street or
alley, who shall not remove the same after thirty days' notice
by the Marshal or Street Commissioner, shall be subject to a
penalty of not less than ten dollars, and a like penalty for
each day he shall fail to comply with such notice.
SEc. 32. That the Street Commissioner shall have the
power to institute prosecutions for the obstruction of streets,
REVISED CITY ORDINANCES.
143
alleys and sidewalks, as is given to the Marshal in Section 2
of Chapter 56 of these ordinances.
SEc. 33. That no person shall obstruct any part of any
sidewalk, street, or alley, by allowing branches of trees to
project over the same at a height of less than eleven feet, or
by allowing 'any part of any fence or walls, or any door or
gate of any kind, to be left so as to project into or over any
part of any sidewalk, street or alley.
Any violation of this section shall subject the offender
to a fine of not less than one and No more than ten dollars
for each offense.
Section 16 amended Nov. 5, 1888, and Dec. i, 189o.
Section 33 adopted March 13, 1889.
Section 22 adopted March 7, 1887.
CHAPTER XI,II.
AN ORDINANCE providing for the Removal of Snow and
Ice from Sidewalks and the Manner of Assessing the
Expense thereof on the Property in Front of which said
Snow or Ice shall have been Removed.
Be it Ordained by the City Council of the City of Dubu qc.
SEC. 1. Owner or tenant to removelsnow SEC. 3. Street Commissioner to enforce
and ice from sidewalk. 4. Assessment for expense of re-
2. ' On failure Street Commissioner moval.
to remove same and charge ex- 5. Collection of special tax.
pease. 6. Notice of special assessment.
SECTION 1. The tenant or occupant, and in case there
shall be no tenant or occupant, the owner or owners of any
building or lot of land fronting or bordering on any street,
lane, avenue, or public square in the City of Dubuque,
where there is a sidewalk composed of plank, stone, brick or
other material calculated for a sidewalk distinct from the
street, shall after the ceasing to fall of any snow thereon,
111111111•11--
144 REVISED CITY ORDINANCES.
or the accumulation of any ice thereon, remove or cause to be
removed the same therefrom within fifteen hours after the said
snow or ice may have accumulated on said sidewalk, and
shall keep or cause said sidewalks to be kept clear of ice and
snow.
SEC. 2. Upon the failure of the tenant,. occupant or
owner to remove or cause to be removed the snow and ice
within fifteen hours as provided by Section r of this ordi-
nance, the city, under the direction of its Street Commis-
sioner, may, without notice to the tenant, occupant or owner,
cause the said snow and ice to be removed from said sidewalk
at the expense of the city, and assess the cost thereof to the
lot, lots or part of a lot or piece of land in front of or abutt-
ing which, said snow or ice may have been removed; Pro-
vided: That the amount to be assessed and taxed against
said abutting land shall be one and one-half (i %) cents per
lineal front foot of any lot. The amount to be assessed and
taxed shall be a lien on the lot or piece of land from the
time of the adoption of a resolution by the City Council
levying the same as hereinafter provided.
SEc. 3. It is hereby made the special duty of the Street
Commissioner to enforce the provisions of this ordinance,
and he is required to make an accurate itemized monthly re-
port to the City Council, showing the sidewalks cleared, the
date of clearing, the number of lineal feet, a description of
the lots or pieces of land abutting sidewalks, with the name
of the owner, or owners, the naive of the person to be paid
for doing said work, and all other things material to a cor-
rect understanding of what has been done under this ordi-
nance, and the said report shall, in the absence of fraud
shown, be conclusive evidence of the facts therein stated.
The City Council shall thereupon, by resolution, assess
and levy a special tax of one and one-half (z IZ) cents per
REVISED CITY ORDINANCES. 145
lineal front foot upon the lot or piece of land abutting which
said sidewalk shall have been cleared of ice or snow. Said
special assessment shall be forthwith placed in the hands of
the City Treasurer for collection, who shall enter the same
in the proper book of "Special Assessments' in his office,
and proceed to collect said special assessment, or tax, in the
same manner as the annual city taxes are collected, except
as hereinafter otherwise provided.
SEC. 4. All special taxes for clearing snow or ice from
sidewalks under the provisions of this ordinance shall, on the
first day of the succeeding calendar month after the levying
of the same by the City Council, if remaining unpaid, become
delinquent, and be subject to the same penalties as are pro-
vided for non-payment of delinquent annual taxes in Section
49 of an ordinance entitled "An Ordinance to provide for the
assessment and collection of taxes in the City of Dubuque,"
being Chapter 34 of the Revised Ordinances of 1893, and with
all penalties accrued, shall be collected by a sale of the real
estate upon which the same had been specially levied at the
succeeding annual tax sale of real estate for non-payment of
delinquent annual taxes.
All provisions of the ordinance referred to by its title in
this section, so far as applicable shall be observed by the
City Treasurer and govern such sales. The real estate sold
may be redeemed in the same time and manner, upon the
same conditions, by the payment of the amount for which
the same was sold with the same penalties and interest as
provided in said ordinance.
SEc. 5. Before the passage of the resolution levying
the special tax provided for in Section three (3) of this ordi-
nance, the City Recorder shall prepare a notice for the owner
or owners, with a description of the lot or piece of land
I0
146
REVISED CITY ORDINANCES.
against which such special tax is proposed to be levied,
which notice shall apprise the owners of said land of the
City Council's intention to pass the resolution contemplated
in Section three (3) of this ordinance, and it shall notify such
owners to appear at the next regular session of the Council
to show cause, if any they may have, why said resolution
should not be passed; such notice shall be published once
each day for a week in a daily newspaper printed in the
English language in the City of Dubuque, Iowa; no other or
further notice shall be necessary.
Adopted January 7, 1889.
CHAPTER XLIII.
AN ORDINANCE defining offenses and prescribing the pun-
ishment therefor.
SEC. 1.
2.
3.
4.
5.
6.
7.
8.
9.
11.
12.
13.
14.
15.
Disturbing the peace.
Intoxication.
Disorderly conduct.
False alarm fire.
'Exposure of person.
Obscene books.
Obscene figures.
Indecently exhibiting animals.
Maltreating dumb animals.
Injuring public property.
Injuring monuments.
Breaking street lamps.
Not to light street lamps.
Not to climb lamp posts.
Not to injure gas or water
SEC. 16. Not to fasten animals to trees.
17. Fast driving punished.
18. Horses must be fastened.
19. Vehicles must turn to right.
20. Not to discharge firearms.
21. How poison is to be sold.
22. Sale of diseased meat.
23. Loitering about streets.
24. Houses of ill -fame.
25. Loitering about houses of in-
fante.
26. Disturbing lawful assemblage.
27. Profane language.
28. Charivari.
pipes. 29. Bathing in Mississippi river.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That any two or mole persons who shall
assemble at any place within the city for the purpose of dis-
turbing the peace, or of committing any unlawful act, and
who shall not disperse when commanded or requested by any
peace officer, shall each severally be subject to a penalty of
not less than five nor more than fifty dollars.
SEC. 2. That whoever shall be found in any street, al-
ley, or public square of the city, intoxicated with liquor, or
REVISED CITY ORDINANCES. 147
shall wilfully and maliciously disturb the peace or quiet of
tho city, by making loud 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 any 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,
tumultuous, offensive or disorderly conduct, or shall make
any loud or unusual noise or disturbance, or shall use obscene,
offensive, profane or unseemly language to the annoyance,
disturbance or vexation of others, shall be subject to a pen-
alty of not less than one nor more than fifty dollars.
SEC. 4. That whoever shall make a false alarm of fire,
or any false cry for assistance, shall be fined not less than
five nor more than fifty dollars.
SEC. 5. That whoever shall purposely or publicly make
any indecent exposure of his or her person, or shall appear
in dress not belonging to his or her sex, or in an inde-
cent or lewd dress, or in a state of nudity, or shall be guilty
of any other indecent or lewd act or behavior, shall be sub-
ject to a penalty of not less than five nor more than fifty
dollars.
SEC. 6. That whoever shall sell, give or offer for sale,
any indecent, obscene or lewd book, picture, statue, or other
like thing; or shall exhibit or perform any indecent, obscene
or lewd play, exhibition, or other representation, shall be
subject to a fine of not less than five nor more than fifty
dollars.
SEC. 7. That whoever shall, in any place open to pub-
lic view, write, mark, draw, cut or make any obscene, lewd
148 REVISED CITY ORDINANCES.
or indecent word or sentence, design or figure, shall be sub-
ject to a fine of not less than five nor more than fifty dollars.
SEC. 8. That whoever shall indecently exhibit any stud
horse, bull, jackass or other like animal in any public place,
or shall let any such animal, except in some enclosed place
out of public view, shall be subject to a fine of not less than
five nor more than fifty dollars.
SEC. 9. That whoever shall inhumanly, cruelly or un-
necessarily 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. ro. That whoever shall wilfully, maliciously or
negligently deface, break, destroy or injure any public prop-
erty of the State, county or city, or any private property,
shall be subject to a penalty of not less than five nor more
than one hundred dollars.
SEC. 11. That whoever shall, without atuhority, carry
away or remove, or shall wilfully, maliciously or negligently
deface, break, destroy or injure any monument, tombstone,
tree, shrub, railing, fence, or any other property, article or
thing belonging to any cemetery or burying ground within
the city, or placed or erected therein for ornament or other-
wise, or shall trespass on or maltreat any grave therein shall
be subject to a fine of not less than five nor more than one
hundred dollars.
SEC. 12. That whoever shall wilfully, maliciously or
negligently deface, break, destroy or injure any street lamp,
lamp post, telegraph post or telegraph wire shall be subject
to a fine of not less than five nor more than fifty dollars.
SEc. 13. That whoever shall, without due authority,
light or extinguish any street lamp, or shall turn on the gas
REVISED CITY ORDINANCES. 149
therein, shall be subject to a fine of not less than five nor
more than twenty dollars.
SEc. 14. That whoever shall climb up any street lamp-
post without lawful authority, or shall fasten any horse or
other animal thereto, or shall place any goods, boxes, wood
or other substance against the same, shall be fined not less
than five nor more than fifty dollars.
SEC. 15. That whoever shall wilfully destroy or injure
the pipes of any gas -light or water company, constructed for
supplying 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 more than twenty dollars.
SEc. 16. That whoever shall, without the consent of the
owner or occupant of the premises, fasten any horse or other
animal to any fence, railing or tree, or to any boxing placed
around any tree ; or shall wilfully, maliciously, or negligent-
ly, in any manner injure, deface, remove, or destroy any or-
namental or shade tree, or boxing placed around the same, or
any shrub, fence railing, gate or sign, upon any public
grounds, sidewalk, or private premises, or shall tresspass on
any private premises or public 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.
SEc. 17. That whoever shall purposely and rapidly, or
immoderately, ride or drive any horse or mule, or cattle, or
other like animal, or any team, in any street or alley in the
inhabited part of the city, shall be subject to a fine of not less
than five nor more than one hundred dollars.
And any person, or persons, who shall drive any horse,
mule or team attached to a sleigh, or other vehicle on run-
150
REVISED CITY ORDINANCES.
ners, without having suitable sleighbells on such animals or
sleigh shall be subject to a like penalty.
SEC. 18. That whoever shall leave any horse or mule, or
any team, in any uninclosed or public place, without being
fastened, guarded, or secured, so -as to prevent its running
away, shall be fined not less than five nor more than fifty
dollars.
SEC. 19. That all persons meeting each other in ve-
hicles in the streets, alleys, or other public place, or upon or
near any bridge, shall, unless the nature or state of the road-
way or passway shall render it impracticable, each turn to
that right side of the road so as to pass each other without ac-
cident or injury. Whoever shall violate the requirements of
this section shall be subject
nor more than fifty dollars.
SEc. 20. That any person, who shall unnecessarily dis-
charge any firearms, explode any fire -crackers, or other fire-
works, or throw into any street or alley, any squib, or other
article containing powder or other explosive material, shall
be subject to a fine of not less than one nor more than ten
dollars for each offense: Provided, 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 public rejoicing.
SEc. 21. That whoever shall keep, sell, or deliver any
poison, usually known or used as deadly poison, without
legibly marking the name thereof, or the word "Poison" upon
the phial, wrapper, or other inclosure containing the same;
or whoever shall sell or deliver any arsenic, strychnine., prussic
acid, or other poison usually known or used as a deadly pois-
on, to any person known to him, without registering the
name of such person, and the kind and quantity of the poison
REVISED CITY ORDINANCES.
sold or delivered, and the purpose for which the same was
obtained.; or whoever shall sell or deliver any such poison to
any person to him unknown, shall be subject to a penalty of
not less than five, nor more than fifty dollars in each case.
But the sale or delivery of any such poison as medicine, upon
the prescription of a practicing physician, shall not be deemed
a violation of this section.
SEC. 22. That whoever shall sell, expose, or offer for
sale, any sick or diseased animal, poultry, or fish, to be used
or eaten for food; or the flesh of any sick, diseased, or other-
wise unwholesome dead animal, poultry, or fish; or the flesh
of any animal, fowl, or fish, not usually used or deemed
wholesome for food; or any other unsound or unwholesome
provisions, or articles of food whatever; or any adulterated or
pernicious milk, drink, or liquors, shall be subject to a penal-
ty of not less than ten nor more than fifty dollars for each
offense; and any officer of the city shall sieze, or cause to be
seized and destroyed, any such food, milk, drink, or other pro-
visions so exposed or offered for sale.
SEC. 23. That any person found loitering about the
streets of the city, without any legal occupation or business,
or means of support, or who shall occupy for lodging, or any
other purpose, any barn, shed, shop, vessel, or place not
kept for that purpose, without permission of the owner or
person entitled to possession thereof, shall be deemed a vag-
rant, and shall be punished by a fine 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,
be an inmate of, or connected with, or contribute to the sup-
port of any disorderly, gaming, or bawdy house, house of ill -
fame or assignation, or any place used for the practice of
fornication; or shall knowingly suffer or permit any premises
151
152 REVISED CITY ORDINANCES.
owned or occupied by him, or under his control, to be used for
any such purpose, shall be subject to a fine of not less than
ten nor more than fifty dollars.
SEc. 25. That whoever shall be found in the city, loiter-
ing about saloons, taverns, dram shops, or houses of ill -fame,
or wandering about the streets, either by day or night, in a
suspicious manner, or who shall have in his possession any
implement used for counterfeiting, or for the commission of
burglary, or for picking locks or pockets, or any other imple-
ment or device used by cheats and swindlers, without being
able to give a good account of himself, shall be fined not less
than ten nor more than fifty dollars.
SEC. 26. That whoever shall disturb anylawful assem-
blage of people by rude or indecent behavior, or otherwise,
shall be fined not less than five nor more than fifty dollars.
SEc. 27. That whoever shall, in any street, alley, or
other public place in the city, use any profane, offensive, ob-
scene, or unseemly language, within the hearing of other per-
sons, or shall, in 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, charivari any
person or persons, by blowing horns, beating drums, kettles
or pans, jingling bells, or by any such means as are used at
what is commonly called a charivari, shall be fined not less
than five nor more than twenty dollars.
SEc. 29. That whoever shall bathe or swim in the Mis-
sissippi river, or in any other water course, pond or pool in
the city, between one hour before sunrise and one hour after
sunset, being naked or clothed insufficiently to prevent the
REVISED CITY ORDINANCES. 153
improper exposure of his or her person, shall be fined not less
than one nor more thantwenty dollars.
SEc. 3o. It shall be unlawful for any boy or other per-
son to play ball, throw stones, balls or snow balls, or other
things in any street, alley or public place in the city; or to
shoot with or use any bow and arrow, pistol, toy pistol, air
gun, cross bow, spring gun, catapult, or other device intended
for shooting or throwing stones, cartidges, marbles, slugs, ar-
rows, nails, or any other substance or thing.
SEc. 31• It shall be unlawful for any storekeeper, or
other person to knowingly sell, or give to any minor any
pistol, revolver, toy pistol, air gun, spring gun, cross bow,
bow and arrow, catapult, or any other device intended for
shooting or throwing stones, cartridges, marbles, slugs, ar-
rows, nails, or any other substance or thing.
SEC. 32. Any person who is convicted of a violation of
the last two foregoing sections of this ordinance shall be sub-
ject to a fine of not less than five nor more than twenty
dollars.
Sections 30, 31 and 32 adopted July 1, 1889.
Section 17 amended February 6, 1888.
CHAPTER XLIV.
AN ORDINANCE to prohibit blasting within the city
limits.
SEC. 1. Prohibited without permission. SEC. 2. Penalty.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That it shall be unlawful for any person to
blast rock within the corporation limits of the City of Du-
buque, without first having obtained permission of the com-
mittee of the City Council on streets so to do; and after such
154 REVISED CITY ORDINANCES.
permission is granted the work shall be done under any re-
strictions imposed by the Street Committee,and it shall be the
duty of said committee, and they are hereby authorized, if in
their opinion the further continuance of such blasting would
be dangerous to life or property, to notify such person or per-
sons to discontinue such work.
SEc. 2. Any person blasting rock within such limits, or
continuing to blast rock after being notified by the committee
on streets to discontinue the same, shall be punished by a
fine of not more than one hundred dollars in each case.
CHAPTER XLV.
AN ORDINANCE, to regulate the manner that conductors
to eave spouts shall be constructed on buildings.
SEC. 1. How 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 I. That all conductors of water from the eave
spouts that discharge into the alleys or streets, on buildings
now constructed or to be hereafter constructed, shall extend
to within one foot of the ground, with an elbow at the lower
end, and a stone or hard brick of sufficient size placed so that
the water discharged through said conductor will be received
on said- stone or brick.
SEC. 2. The Marshal shall give notice to the owners of
all buildings now built when known, or to the occupants when
the owners are unknown, to construct their said conductors so
as to conform to Section i of this ordinance; and if not made
to conform with the requirements of Section 1, 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.
REVISED CITY ORDINANCES. 155
SEc. 3. On all buildings to be hereafter erected, the
conductors from said eave spouts shall be constructed as re-
quired 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 for each day he so neglects to comply with
the requirements of this ordinance, and the costs of prose-
cution.
CHAPTER XLVI.
AN ORDINANCE to define Cruelty to Animals, and pre-
scribing the punishment therefor.
Be it Ordained by the City Council, of the City of Dubuque :
SECTION i. That any person who overdrives, overloads,
tortures, or cruelly beats or unjustifiably injures, maims, mu-
tilates or kills any animal, or deprives any animal of neces-
sary sustenance, food or drink, or neglects or refuses to fur-
nish it such sustenance or drink, or causes, procures or per-
mits any animal to be overdriven, overloaded, tortured, cruel-
ly beaten or injured, maimed, mutilated or killed, or be de-
prived of necessary food or drink; or who wilfully engages in
or in any manner furthers any act of cruelty to any animal,
or works or drives, or permits to be worked or driven, any
animal unfit for service, or carries or causes to be carried in
or upon any vehicle, any animal in an inhuman manner; or
any person, being the owner or having charge of an old, dis-
eased, infirm or maimed animal, who shall abandon such
animal, or leaves it to die in the street or public road or
common, or permits it to lie there after reasonable notice,
shall be guilty of a misdemeanor, and shall, upon conviction
•
thereof, be fined not less than five nor more than one hun-
dred dollars.
Adopted this 3rd day of October, 1887.
156 REVISED CITY ORDINANCES
CHAPTER XLVII.
AN ORDINANCE providing for the punishment of persons
who drive Sleighs, Cutters, or other similar Vehicles,
through the streets without the use of bells.
Be it Ordained by the City Council of the City of Dubuque
SECTION r. That it shall be unlawful for any person or
persons to drive sleighs, cutters, or other similar vehicles,
in -the streets of the City of Dubuque without having hells at-
tached to either horse or vehicle. The number of bells to be so
attached shall not be less than six open bells, which shall be
at least two and a half (212) inches wide, or not less than
twenty (2o) round bells on harness, which are to be not less
than one (r) inch in diameter, or other bells on shafts or har-
ness of equal alarming capacity to either of the above named.
SEC. 2. Any person who fails to observe the provisions
of this ordinance shall be subject to a fine of _ not less than
five nor more than fifty dollars.
Adopted January 22, 1889.
CHAPTER XLVIII.
AN ORDINANCE to prohibit Loitering on and under Stair-
ways and in Entrances and Passage -ways to Places of
Business and Private Residences, and prescribing pun-
ishment for the violation of the satne.
Be it Ordained by the City Council of the City of Dubuque.
SECTION r. That it shall be unlawful for any person to
loiter upon, against or under any stairway leading to any
place of business or private residence within the city except
at times of public demonstrations.
9
REVISED CITY ORDINANCES: 157
SEC. 2. That it shall be unlawful for any person to ob-
struct or interfere with the free passage of persons upon or in
any stairway, entrance or other passageway leading to any
place of business or private residence within the city by
standing, lying or sitting upon or in any such stairway, en-
trance or passageway, except at times of public demonstra-
tions.
SEC. 3. That any person found guilty of violation of
this ordinance shall be punished by a fine of not less than
one nor more than ten dollars.
SEc. 4. That it is hereby made the special duty of the
Marshal, Captain of Police and all patrolmen to see that this
ordinance is strictly enforced, and to arrest every person
violating the same.
Adopted July i, 1889.
CHAPTER XLIX.
AN ORDINANCE to regulate Dancing Halls and places
of Amusements and all Halls used by Societies.
Be it Ordained by the City Council of the City of Dubuque :
SECTION r. That it shall be unlawful for any owner,
agent, lessee, trustee or landlord to use or keep for use, or
rent or hire, or rent, hire or lease any dancing hall or other
place of public, or quasi public place of amusement unless
the same is provided with at least two water closets of suffi-
cient size, convenience and capacity to properly accommo-
date all who may attend such dancing hall or other place
of amusement or society hall.
SEc. 2. Any person who fails or neglects to comply
with the provisions of Section r of this ordinance shall be
fined not less than ten nor more than twenty dollars, and
shall be subject to a like fine for every week such dancing
158 REVISED CITY ORDINANCES.
hall, or place of amusement or society hall shall remain un-
provided with such water closets.
Adopted by the City Council.
CHAPTER L.
AN ORDINANCE to provide for the establishment of a City
Police and to prescribe Rules and Regulations therefor.
SEC. 1.
2.
3.
4.
5.
6.
7.
8:
9.
10.
11.
12.
13.
Appointed by City Council.
Qualifications.
To take oath.
Mayor to suspend.
Have power to enter houses
Have power to enter with force.
Must be quiet and civil,
Must not take reward or gift.
Not to compound offenses.
Not to give information.
To wear insignia of office.
Not to be absent from duty.
Persons arrested to be taken be-
fore justice.
SEC. 14. Not to maltreat prisoners.
15. To enter charges in book.
16. To be taken before police court.
17. Hackmen to obey policemen.
18. Policemen to obey marshal.
19. Persons not to resist policemen.
20. Resistance punished.
21. Falsely representing punished.
22. Marshal and policemen to re-
move obstructions from side-
walks, streets, etc.
23. To forfeit one dollar for neglect
Be it Ordained by the City Council of the City of Dubuque.
SECTION I. That the City Council may at any time ap-
point such number of policemen and night watchmen as they
may deem necessary for the purpose of guarding and protect..
ing the peace and quiet of the city, and the lives and property
of its inhabitants; and such policemen and night watchmen
shall, while on duty during the day time, be under the con-
trol and subject to the orders of the City Marshal, but during
the night time, and in the absence of the Marshal, shall be
under the exclusive control and subject to the orders of a
Captain of Police, to be appointed by the City Council, and
such captain shall also be a policeman and subject to the or-
ders of the Marshal, and shall report either to the Marshal or
City Council any neglect of duty on the part of any police-
man or watchman under his control.
SEc. 2. All police officers or watchmen must be citizens
of the United States and of the State of Iowa, and actual res-
idents of the City of Dubuque, and shall be capable of speak -
REVISED CITY ORDINANCES. 159
ing the English language, and not interested or engaged in
keeping any tavern, saloon, coffee house, ten -pin alley, or
beer shop, and shall hold their office during the will and
pleasure of the City Council. ,
SEC. 3. All police officers or watchmen shall, before en-
tering 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 inhabitants of the city are carefully watched over and
guarded, and to prevent, as far as may be in their power, the
commission of any offense against persons or property. For
these purposes they are hereby invested with authority, and
it shall be their duty to arrest, with or without warrant, and
to imprison for the time being, until they can be brought be-
fore the proper court for examination or trial, all persons who
shall be guilty of any violations of the laws of the State or
City.
SEC. q.. Any policeman or watchman who shall be found
asleep while he shoald be on duty, or intoxicated, or absent
from his beat, or guilty of any dereliction of duty, or of im- .
proper conduct, shall be complained of to the Mayor by the
Marshal immediately on such facts coming to his knowledge.
The Mayor may, at his discretion, suspend from duty such
policeman or watchman until the next succeeding session of
the Council, when the Marshal shall make report to them of
all the facts in the case.
SEC. 5. Any person who shall have committed a breach
of the peace, a felony,or a misdemeanor, may be pursued wher-
ever he may go, and if he take refuge in any house, enclosure
or other place, the policeman, after stating his office and ob-
ject, may, if permission to enter be not given, break open the
doors or windows, enter the house and arrest the offender.
160 REVISED CITY ORDINANCES.
SEC. 6. All police officers are respectively authorized
and empowered in a peacable manner (or if refused admit-
tance after demand made with force and arms), to enter into
any house, store, shop, grocery or other place or building
whatever or wheresoever in the city, in which any person or
persons may reasonably be suspected to be for unlawful pur-
poses, and if any person or persons shall be found therein,
guilty of any crime or misdemeanor, or violation of any law
or ordinance for the preservation of the peace and good order
of the city, or who may reasonably be suspected thereof, or
who shall be aiding or abetting such person or persons so
found, said police officer shall apprehend and keep in custody
such person or persons as in case of other arrests.
SEc. 7. Each and every member of the police, in his
conduct and deportment, must be quiet, civil and orderly. -
In the performance of his duty he must maintain decorum
and attention, command of temper, patience and discretion;
he must at all times refrain from harsh, violent, coarse, pro-
fane 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 compensation for any damages sustained by him
in the discharge of his duty, without the written permission
of the Mayor.
SEc: 9. No policeman shall compound any offense com-
mitted against persons or property, or withdraw any com-
plaint therefor, without the consent of the Mayor.
SEc. io. 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 dis-
REVISED CITY ORDINANCES. 161
pose of or secrete any goods or other valuable thing stolen or
embezzled.
SEc. 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.
SEC. 12. No member of the police shall be absent from
duty, or leave the city, without the consent of the Mayor.
SEC. 13. All persons who shall be arrested by the police
during the time the office of the police justice shall be open,
shall be taken immediately before said justice; and all per-
sons who shall be arrested at any other time shall be con-
veyed to the calaboose, unless otherwise ordered by the
Mayor or Marshal, or unless it shall require a place of greater
security, in which case he or she thall be immediately taken
to the county jail.
SEC. 14. Any officer or policeman who shall wilfully
maltreat or use unnecessary violence toward a prisoner or
other person, shall, on complaint being made and the fact
established, be suspended or discharged at the pleasure of the
Mayor.
SEc. 15. The Marshal shall keep in the calaboose a
book in which shall be entered, by the officer making the
arrest, the name of every person by him arrested and placed
in the calaboose, with the date of the arrest and cause
thereof, with such other facts as he shall deem proper and
necessary. And at the end of each month, said Marshal
shall report to the City Council, the disposition which may
have been made ,of the persons so confined.
SEc. 16. The Marshal shall, every morning, on the open -
II
162 REVISED CITY ORDINANCES
ing of the police court, cause the persons who may be de-
tained in the calaboose the night previous, and all property
which may have come into his possession during the night, to
be conveyed to the police court, accompanied by the police-
man 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 convicted and pays the
fine, be entitled to receive such fees as are paid to a constable
for like services.
SEc. 17. Hackmen, cabmen, omnibus drivers, porters,
runners, and other persons, when at or about any railroad de-
pot or station, or steamboat or other landing, or other public
place in the city, shall obey the commands and directions of
the police officer or policeman, and the Marshal and Deputy
Marshal, who may be stationed or doing duty at or about such
place, for the purpose of preserving order and enforcing the
laws of the city. Whoever shall refuse to obey the commands
or directions of said officer or officers as aforesaid, shall be
subject to a fine of not less than one nor more than twenty-
five dollars.
SEc. 18. The policemen and watchmen shall obey the
orders of the Marshal, and shall report to him all violations
of the city ordinances and of the laws of the State committed
within the city, which may come to their knowledge. And
all suspicious persons; bawdy houses, gambling houses, and
all other places where idlers, disorderly and suspicious per-
sons congregate.
SEc. 19. That any person who shall rescue or take from
the custody of any officer of the city, or prevent the arrest of
any person, or in any manner resist, oppose, impede or ob-
struct any policeman or watchman in the discharge of his
duty, shall, upon conviction, be fined not less than twenty-
five nor more than one hundred dollars.
REVISED CITY ORDINANCES. 163
SEc. 2o. That any policeman or watchman who is re-
sisted in making an arrest, or from whom a rescue is attempted,
or who is forcibly resisted in the lawful discharge of his
duty, may require the aid of any citizen present, and if such
citizen shall refuse or neglect to render the aid required, he
shall, upon conviction, be subject to a fine of not less than
one nor more than twenty-five dollars.
SEC. 21. Whoever shall falsely represent himself to be
an officer of this city, or shall, without authority, exercise or
attempt to exercise any of the powers, duties or functions of
any city officer, shall be subject to a penalty of not less than
twenty-five nor more than one hundred dollars.
SEc. 22. . That to more fully define the duties of patrol-
men, policemen, captains of police and City Marshal, so as to
preserve the lives and property of citizens from loss or injury,
from obstructions on or over the . streets, sidewalks and gut-
ters of the city, it is hereby made the duty of all patrolmen,
policemen, captains of police and City Marshal to have all ob-
structions in their respective beats removed, and keep the
same clear at all times, while on duty, from the sidewalks,
streets and gutters, and to put up all necessary guards and
lights to prevent accident when sewer and bridges are open
for repair.
SEc. 23. And for neglect of said duty there shall be de-
ducted from each of said officers' salary above named the sum
of one dollar for each offense.
164 REVISED CITY ORDINANCES.
CHAPTER LI.
AN ORDINANCE to regulate and provide for the dress to
be worn by the members of the police force in the City of
Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
That the dress to be worn by the members of the police
force of the City of Dubuque, shall be as follows, viz :
SECTION I. The full dress for all members of the Du-
buque City Police, for winter wear, shall be of navy blue
cloth, pure indigo dyed, and all wool.
DRESS COAT.
SEc. 2. Marshal —Shall be a double breasted frock, but-
toning close up under the chin; the waist to extend to the top
of the hip, and the skirt to extend from two-thirds to three-
quarters of the distance from the articulation of the hip joint
to the bend of the knee; two rows of gold gilt police buttons on
the breast, seven in each row, placed in equal 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 per-
mit the chin to turn freely over it; cuffs three and one-half
inches deep, and to button with three small gold gilt police
buttons at the under seam; one pocket on each inside breast,
and one pocket in each skirt behind, and one at the hip rang-
ing with the lowest breast button, and one at the end of each
pocket, making four buttons on the back and skirt; the body
to be well wadded, and the body and skirts to be lined with
black Italian cloth, and the sleeves with light colored silesia.
SEC. 3. For Captains and Deputy -Marshal, the same as
for the Marshal.
SEc. 4. Patrolmen and all other members of the force,
REVISED CITY ORDINANCES. 165
the same as for the Captains, except it shall be single breast-
ed, with one row of buttons on the breast, placed at equal
distances; the collar will be of the same material as the coat,
the sleeves will be made without cuffs, and no buttons will
be worn on the seam.
PANTALOONS.
SEc. 5. The pantaloons shall be made for all members
of the force alike, and plain, with one hip pocket in addition
to the ordinary pockets.
VEST.
SEC. 6. The vest shall be made alike for all members
of the force; single breasted, buttoning high in the neck, with
standing collar, and eight small buttons placed at equal dis-
tances.
NECK TIE.
SEC. 7. All members of the force shall wear black silk
ties.
CAPS.
SEc. 8. Same as used by Chicago City Police, Philadel-
phia pattern, for all members except Marshal, Deputy and
Captain, which shall be distinguished from the others by
bands of gilt lace five -sixteenth of an inch wide at the base.
OVERCOAT.
SEc. 9. For Marshal —Shall be double breasted, but-
toning close up under the chin, with turn -over collar of
blue black silk velvet, the waist shall extend to one inch be-
low the top of the hip, and the skirt to three inches below
the bend of the knee, and all edges shall be 'swell and
stitched one-fourth of an inch from the edge; .there shall be
two rows of gold gilt police buttons on the breast, five in each
row, placed at equal distances, the distance between each row
to be six inches at the top and four inches at the bottom; four
buttons on the back and skirts, the two upper goes to range
166 REVISED .CITY ORDINANCES.
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 buck-
skin -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 wadded, and the
body and skirt lined with a light -weight dark -colored kersy-
mere or its equivalent, and the sleeves lined with heavy light-
colored silesia.
SEc. 1o. 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. II. The full dress of all members of the Dubuque
City Police, for summer wear, shall be navy-blue blousing,
pure indigo -dyed, and all wool.
COAT.
SEc. 12. For the Marshal, Deputy Marshal and Cap-
tains, shall be a single-breasted sack, buttoning close up
under the chin, with turn -over collar of blue -black silk velvet,
and one pocket on the inside left breast. The sack shall ex-
tend one-half of the distance from the articulation of the hip
joint to the bend of the knee, and shall have four gilt buttons
on the breast, placed at equal distances, and three small gold
gilt police buttons on the under seam of each cuff. The body
of the sack shall be lined with black Italian cloth, and the
sleeves with light-colored silesia; shall be made without wad-
ding.
SEc. 13. For the patrolmen and all other members of
the force, the same as for the Marshal, except the collar will
be of the same material as the coat and there will be no but-
tons worn on the under seam of the cuffs.
REVISED CITY ORDINANCES. 167
PANTALOONS AND VESTS.
SEC. 14. For all members of the force alike, and to cor-
respond in style and pattern with those prescribed for winter
wear, except the Marshal and Captains may wear a vest of
white linen.
NECK TIE.
SEc. 15. For all members of the force the same as pre-
scribed for winter wear.
INSIGNIA AND MANUAL.
SEC. 16. The star, buttons, and book of rules and regu-
lations, 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 Marshal at once, whenever any member shall
sever his connection with the force, in as good condition,
natural wear and tear excepted,as when received; and all
members of the force will be required to pay for the loss or
damage to same, which may arise from their own wilfulness
or neglect.
THE WEARING OF UNIFORM, INSIGNIA AND EQUIPMENTS.
SEc. 17. All members of the force will wear the pre-
scribed uniform at all times when on duty, or when appearing
in public, unless especially authorized by the Marshal to ap-
pear in citizen's dress, and when on duty the coat shall al-
ways be buttoned.
SEC. 18. The prescribed belt, club and star will always
be worn when on duty, but at no other time; and the star will.
always be carried about the person when off duty.
SEc. 19. The star will be worn outside on the left
breast, and the belt outside also, with the club in the frog.
168 REVISED CITY ORDINANCES.
SEC. 20. No member of the force will be required to
wear the club and belt while in the performance of office
duty.
SEc. 21. All members of the force will be required to
keep their person and uniforms in a strictly neat condition,
and their uniforms and equipments in perfect order and re-
pair.
SEc. 22. The time for changing from winter to summer
dress, and vice versa, will be designated by the Marshal.
SEc. 23. All members of the force will be required to
have their clothing made by the tailor selected by the com-
mitteee on police, the price of which having first been made a
subject of competition will be designated by the committee,
and of cloth selected, also the material for all suits selected
be the same.
SEc. 24. All members shall be required to pay for their
uniforms.
lti
REVISED CITY ORDINANCES. 169
CHAPTER I,II.
AN ORDINANCE to provide for the Assessment and Col-
lection of Taxes in the City of Dubuque.
SEC. L. Duty of Auditor.
2. Assessor to begin 3d Monday in
January.
3. To assess all property.
4. To administer oath.
5. What property to assess.
6. Term "Credit" defined.
7. Who will assist assessor.
8. Commission goods to be assessed.
9. Other persons' property, how
listed.
10. Railway and bridge property.
11. Roadbed not included.
12. Telegraph property.
13. Property listed January 1.
14. Depreciated bank notes.
15. Debts in good faith deducted.
16. All personal property listed.
17. Manufacturer defined.
18. Money notes and credits.
19. Banking associations.
20. When to account.
21. To conform to act of Congress.
22. Assessment completed Jan. 1.
23. Unknown real estate.
24. Assessor, neglect of duty.
25. Committee on assessments.
26 Auditor to give notice.
27. Appeal to City Council.
28. Council to fix water limits.
29. Council to levy tax.
30. Auditor to transcribe.
31. To deliver to Treasurer.
32. Auditor may correct.
33. Audltor to mark on book "sold."
34. To give notice for one month.
35. Treasurer to enter unpaid taxes.
36. Treasurer to collect taxes.
37. To notify person when property
is sold.
38. Treasurer to certify to amount
of taxes.
39. Treasurer's receipt.
40. Treasurer liable on his bond.
41. Treasurer to assess property
omitted.
42. Owner to assess property omitted
43. City warrants to be received for
taxes.
SEC. 44.
•
No demand for taxes.
45. Five days' notice for sale of per-
sonal property.
46. Resistance to Treasurer pun-
ished.
47. When taxes are delinquent.
48. Treasurer to sell personal prop-
erty.
49. Continue to receive taxes.
50. To give receipt.
51. Auditor to keep account.
52. Treasurer to refund tax illegally
paid.
53. When property to be sold.
54. Notice to be given.
55. Notice to be in official papers.
56. Treasurer to collect twenty
cents.
57. When sale shall commence.
58. Who is entitled to purchase.
59. Treasurer, to sell from day to
day.
60. Purchasers to pay.
61. Owners may pay.
62. Description in figures.
63. Copy of advertisement.
64. Auditor to attend sales.
65. Treasurer may adjourn sale.
66. Officers not to purchase.
67. Sale at other time.
68. Certificate of purchase.
69. Certificate assignable.
70. Duplicate receipts.
71. Property may be redeemed.
72. Auditor to give certificate.
73. Minors or lunatics.
74. Persons may redeem through
court.
75. Time to give notice.
76. Treasurer to make deed.
77. Form of deed. .
78. Deed to be signed by Treasurer.
79. Not to affect former sales.
80. Error in aale corrected. -
81. Money refunded.
82. Wrong name not invalid.
83. Statute to govern.
84. When money to be refunded
purchaser.
170 REVISED CITY ORDINANCES.
AMENDMENT.
Six. 1. Assessor deliver printed blank SEC. 6.
to owner. 7.
2. Owner to fill blank within five
days.
3 Failure of Assessor to perform
duty.
4. Council appoint Assistant As-
sessors.
5. Assistant Assessors, time hold-
ing office.
Duty of Assistant Assessor.
Powers of Assistant Assessors,
concurrent.
8. Under Supervision of Mayor.
9. Compensation of Assistant As-
' sessors.
10. Council to divide city into assess-
ment districts.
11. Basis of valuation.
12., Provisions of other ordinances.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. The Auditor shall, on or before the 15th day
of January of each year deliver to the Assessor a suitable
plat of the city, and of each addition thereto, and of each sub-
division of any town lot or mineral lot, on which to check
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,
society, partnership, or firm, to whom any property shall be
taxable.
b. His or their lands by lot or sub -division thereof ac-
cording to the system of numbering, or part of sub -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 sufficient to prop-
erly identifyit.
c. Personal property as follows: Number of Cattle, num-
ber of Horses, number of Mules, number of Sheep, number
of Swine over six months old, number of Carriages and Ve-
hicles of any description, with separate columns for value of
each; value of Merchandise, amount of capital employed in
Manufactures, amounts of Moneys and Credits, amount of
taxable Furniture, amount of Stock or Shares in any Corpo-
ration or Company not required by law to be otherwise listed
fi
REVISED CITY ORDINANCES. 171
or taxed ; amount of taxable farming utensils, or mechanics'
tools, amount of all other personal property not otherwise
enumerated, and the number of polls, and a column for
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, to enter in the books furnished him for
that purpose, the several items specified in the preceding
section, entering the names of the persons assessed in alpha-
betical order, so far as practicable, by alloting to each letter
its requisite number of pages in each of the said books.
SEc. 3. The Assessors shall list every person in the city,
and assess all the property, personal and real, therein, except
such as is hereafter specifically exempted ; and any person
who shall refuse to assist in making out a list of his property,
or of any property which he is by law required to assist in
listing, or who shall refuse to make the oath required in the
next section, shall be fined the sum of one hundred dollars,
and the Assessor shall assess such person according to the
best information he can get.
SEc. 4. The Assessor shall administer an oath or affirma-
tion 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 by law required
to list, to the best of his knowledge and belief ; and in case
any one refuses to make such oath or affirmation, the Assessor
shall note the fact in the column of remarks opposite such
person's name ; and should it afterwards appear that such
person so refnsing has not given a full list of his property, or
that which he was by law required to list, any property so
172 REVISED CITY ORDINANCES.
omitted shall be entered on the book of the Assessor at double
its ordinary assessable value and taxed accordingly.
SEc. 5. All property which is by law exempt from tax-
ation for State and County purposes shall be omitted from the
assessment herein required. All other property, real or per-
sonal, is subject to taxation in the manner directed. Ferry
franchises for the purposes of this ordinance are considered as
real property ; Horses, Cattle, Mules, Asses, Sheep, Swine,
and Money, whether in possession or on deposit, and includ-
ing bank bills, money, property or labor due, from solvent
debtors on contract or on judgment ; mortgages and other like
securities, and accounts bearing interest, and every descrip-
tion of conveyance of property given or received as security
for money loaned or other indebtedness ; property situated in
the city belonging to any bank or company incorporated or
otherwise, whether incorporated under the laws of this or any
other State, public stocks or loans, household furniture, in-
cluding gold and silver plate, musical instruments, watches
and jewelry, private libraries for their value exceeding three
hundred dollars; carriages, threshing machines, and every
description of vehicle, farming utensils, machines and ma-
chinery, and professional libraries for their aggregate value
over three hundred dollars; boats and vessels of every de-
scription whether registered or licensed, and whether navi-
gating 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. 6. The term "credit" as used in this ordinance in-
cludes every claim and demand for money, labor, or other
valuable thing, and every annuity or sum of money receiva-
ble at stated periods, and all money or property of any kind
secured by deed, mortgage or otherwise; but pensions of the
United States, or any of them, and salaries or payments ex -
REVISED CITY ORDINANCES. 173
pected for services to be rendered, are not included in the
above term.
SEC. 7. Every inhabitant of this city, of full age and
sound mind, shall assist the Assessor in listing all property
subject to taxation in this city, of which he is the owner, or
has the control or management, in the manner hereinafter
directed; the property of a ward is to be listed by his guard-
ian; of a minor, by his father, if living; if not, by his mother,
if living, and if not, by the person having the property in
charge; of a married woman, by herself or husband; of a
beneficiary for whom property is held in trust by a trus-
tee; and the personal property of a decedent, by the executor;
of a body corporate, company, society or partnership, by its
principal accounting officer, agent or partner. Property un-
der mortgage or lease 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 purpose of taxation, to be deemed the owners of the
property in their possession..
SEc. 9. Any person required to list property belonging
to another, shall list it separately from his own, giving the
Assessor the name of the person or estate to whom it belongs ;
but the undivided property of a person deceased belonging to
his heirs may be listed as belonging to his heirs without
enumerating them. Any individual of a partnership is liable
for the taxes due from the firm.
SEc. RD. Lands, lots, and all real and personal estate
belonging to any railway company, and all railroad bridges
across the Mississippi river, shall be subject to assessment
and taxation on the same basis as the property of individuals.
174 REVISED CITY ORDINANCES.
SEc. II. No real estate used by railway corporations
for road beds shall be included in the assessment to the owners
of the adjacent property, but all such real estate shall be
deemed to be the property of such companies for the purpose
of 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 same was taken for such public'
purpose, provided such highway or street be of record as
having been donated to the public.
SEC. 12. All property, real or personal, including their
franchises, owned by telegraph, express and steamboat com-
panies, shall be listed and assessed for taxation, and shall be
subject to the same levies as the property of individuals.
SEC. 13. All taxable property shall be listed and assessed
each year, in the name of the owner thereof, on the first day
of January.
SEc. 14. Depreciated bank notes, and stock of corpora-
tions 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 an-
nuities at the value which the person listing them believes
them to be worth in money.
Svc. 15. In making up the amount of money or credits
which any person is required to list, or have listed and assess-
ed, he will be entitled to deduct from the gross amount all
debts in good faith owing by him, but no acknowledgment
of indebtedness, not founded on actual consideration, and no
such acknowledgment made for the purpose of being so de-
ducted, shall be considered a debt, within the intent of this
section ; and so much only of any liability of such person as
security for another shall be deducted as the person making
the list believes he is equitably or legally bound to pay ; and
so much only as he believes he will be compelled to pay on
REVISED CITY ORDINANCES. 175
account of the inability of the principal debtor ; and if there
are other sureties able to contribute, then so much only as he
in whose name the list is made will be bound to contribute ;
but no person will be entitled to any deduction on account of
any obligation of any kind given to any insurance company
for the premiums of insurance, nor on account of any unpaid
subscription to any institution, society, corporation or com-
pany; and no person shall be entitled to any deduction on
account of any indebtedness contracted for the purchase of
United States bonds or other non-taxable property.
SEc. 16. Any person owning, or having in his posses-
sion, or under his, control, within this city, with authority to
sell the same, any personal property purchased with a view of
its being sold at a profit, or which has been consigned to him
from any place out of this city, to be sold within the same,
shall be held to be a merchant for the purpose of this ordi-
nance. Such property shall be listed for taxation, and in
estimating the value thereof the merchant shall take the
average value of such property in his possession or under his
control, during the next year previous to the time of assess-
ing, and if he has 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
personal property of any description, for the purpose of add-
ing to the value thereof by any process of tnanufacturing,
packing of meats, refining, purifying, or by the combination
of different materials with a view of making gain or profit by
so doing, and by selling the same, shall be held to be a man-
ufacturer for the purposes of this ordinance; and he shall list
for taxation the average value of such property in his hands,
estimated as directed in the preceding section; but the value
176 - REVISED CITY ORDINANCES.
shall be estimated upon those materials only which enter into
the composition or manufacture.
SEC. 18. Any person acting as the agent of another and
having in his possession or under his control or management
any money, notes and credits, or personal property belonging
to such other person, with a view to investing or loaning, or
in any other manner using the same for pecuniary profit, shall
be required to list the same at the real value, and such agent
shall be personally liable for the tax on the same. And if he
refuse to render the list, or to swear to the same, the amount
of such money, property, notes and credits may be listed and
valued according to the best knowledge and judgment of the
Assessor, subject to the provisions of Section 4 of this ordi-
nance.
SEc. 19. All shares of the banking associations doing
business within this city, which are organized within this
State, pursuant to the provisions of the act of Congress to pro-
cure a National Currency, secured by. the pledge of United
States Stocks, and to provide for the circulation and redemp-
tion thereof, held by any person or body corporate, shall
be included in the valuation of the personal property of such
person or body corporate in the assessment of taxes in this
city, whether the holder thereof resides here or not ; but not
at a greater rate than is assessed on other moneyed capital in
the hands of individuals.
SEc. 20. The principal accounting officer of each of
such associations, between the first and fifteenth days of Feb-
ruary, 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 shares, each banking association
shall be liable to pay the same as the agent of each of its share -
REVISED CITY ORDINANCES. 177
holders, under the provisions of Section 20 of this ordinance,
and the association shall retain so much of any dividend be-
longing to any shareholder as shall be necessary to pay any
taxes levied upon his shares.
SEC. 21. If at any time Congress shall amend the acts
aforesaid, then said Assessors shall assess the shares in any
such National Bank in such manner as to conform to such
amended act of Congress: Provided, That such shares shall
not be assessed at a greater rate than is imposed by law on
other moneyed capital in the hands of individuals in this city.
SEc. 22. The Assessor shall, on or before the first day
of June, in each year, complete the said assessment book, and
so notify the Council. Said book shall have the several col-
umns of numbers and value correctly footed up, and the
amount of personal property assessed to each person carried
forward into a column under the head of total personal prop-
erty.
SEc. 23. When the name of the owner of any real estate
is unknown, it shall be lawful to assess such real estate with --
out connecting therewith any name, but inscribing at the
head of the page the words "owners unknown." And such
property, whether lands or town lots, or mineral lots, shall be
listed as near as practicable in the order of the numbers
thereof ; and no one description shall comprise more than one
town lot, or mineral lot, or number of any sub -division
thereof, or more than a sixteenth part of a section or other
smaller sub -division of the land according to the government
surveys, except in cases where the boundaries are so irregular
that it cannot be described in the usual manner in accordance
with such surveys.
SEc. 24. If any Assessor shall fail or neglect to perform
any of the duties required of him by this ordinance, at the
I2
178 REVISED CITY ORDINANCES.
time and in the manner specified, he shall be liable to a fine
of not less than twenty nor more than one hundred dollars,
to be recovered in an action brought in the name of the city,
and the judgment shall be against him and his bondsmen.
SEc. 25. The City Council shall, at the regular meeting
in June, in each year, appoint a Committee on Assessments,
consisting of one Alderman from each ward. Such Commit-
tee shall constitute a Board for the equalization of taxes, and
shall have power to equalize the assessments of all taxpayers
by increasing or diminishing the valuation of any kind of
property, or the entire assessment, of any taxpayer, as they
may deem just and necessary for the equitable distribution of
the burden of taxation upon all the property of the city; and
the Assessor shall meet with such committee. The Auditor
shall be the clerk of such committee, and keep a record of
their proceedings. At the first meeting of said Board of Equal-
ization they shall decide what assessments should, in their
opinion, be raised, and make an alphabetical list of the names
of the -individuals whose assessment it is proposed to raise, and
Post a copy of the same in a conspicuous place in the place of
meeting of said Board, and in the postoffice in the city, and
the committee shall, if, in their opinion, some of the assess-
ments should be raised, hold an adjourned meeting with at
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 as-
sessment book, as corrected and approved by the Committee
on Assessments, give notice in two of the newspapers of the
city having the largest circulation within the city, that the
said book is ready for the inspection of tax -payers, and will
continue so to be until the first regular meeting of the City
Council in August, when any person feeling aggrieved by
the assessment of his or her real estate or personal property
REVISED CITY ORDINANCES. 179
may appeal to the Council for correction; Provided, That if
the Assessors should not return the assessment book at the
time required by this ordinance, the Council may, by resolu-
tion, extend the time for appeals until the expiration of one
mouth from the date of such return.
SEc. 27. Any person considering himself aggrieved by
the action of the Assessor may appeal therefrom to the City
Council; and any tax -payer of the city may appeal from the
assessment made by the Assessor against any other tax -payer
to the City Council on the ground that such assessment is too
low. All such appeals shall stand referred without action of
the Council to the Committee on Assessments, who shall hear
such appeal, and report their proceedings to the Council with
such recommendations as shall seem proper; and the action
of the City Council in the premises shall be final; Provided,
That no assessment of moneys and credits, or other personal
property, shall be raised on such appeal until after notice
shall have been given to the person assessed, as provided in
Section 25 hereof; and, Provided, further, that no appeal,
either from the action of the Assessor, or from the action of
the Committee on Assessments, shall be allowed or consid-
ered, unless said appeal shall be in writing and filed with the
City Recorder prior to the first Monday of December of each
year.
SEc. 28. The City Council shall, at the first regular
meeting in January, in each year, fix the limits of the benefits
or protection of the water works, which shall be done by
resolution defining 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 per centage of tax to be raised for the purpose of paying
the debts of the city. They shall also at the same time, and
180 REVISED CITY ORDINANCES.
in the same manner, levy a tax upon the property within the
limits of the protection or benefits of the water works, suffi-
cient to pay off the water rents due the Dubuque Water Com-
pany under their contract with the city.
SEc. 3o. After having made the corrections determined
by the Council, the Assessor shall forthwith proceed to tran-
scribe such assessment book, and complete the tax list by
carrying out in separate columns the different taxes levied by
the Council, carrying out separately the tax on personal
property, and on each piece of real property, and footing up
the total tax of each person, firm or corporation. He shall
complete such book on or before the first day of November.
SEc.3r. The Auditor, after the completion of said tax books
by the Assessor, shall enter upon the same a warrant to the
Treasurer, which shall be subscribed by the Mayor, and
attested by the Recorder, with the seal of the city affixed
thereto, and deliver the same to the Treasurer, taking his
receipt therefor ; and such list shall be full and sufficient
authority for the Treasurer to collect the taxes therein levied.
But no informality therein, nor the want of any of the signa-
tures 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 sales, or other proceedings for the collection of
taxes under this ordinance.
SEc. 32. The Auditor may correct any clerical error in
the assessment or tax book, and shall make any correction
therein when directed by the City Council ; and when any
such correction affecting the amount of tax is made, after the
books shall have passed into the: hands of the Treasurer, he
shall charge the Treasurer with all sums added to the several
taxes, and credit him with all deductions therefrom and re_
port the same to the Council.
REVISED CITY ORDINANCES. 181
SEC. 33. The Auditor, after the tax book is completed,
and before said book 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 re-
deemed, by writing in a plain manner opposite to each such
piece the word "sold."
"
SEc. 34. The Treasurer shall, upon receipt of the tax
book, give notice in the papers of the city, continued for one
month, that he is prepared to receive the taxes, and all taxes
unpaid on the first day of February shall be delinquent and
shall bear interest from and after that date.
The Treasurer shall continue to receive taxes after they
become delinquent, until collected by distress and sale, but if
they are not paid before the first day of February he shall
collect the same in the manner hereinafter provided.
SEC. 35. The Treasurer, on receiving the tax book for
each year, shall enter upon the same in separate columns, op-
posite each parcel of real property or person's name, on which
or against whom any tax remains unpaid, for either of the
preceding years, the year or years for which such delinquent
tax so remains due and unpaid; and any sale for the whole or
any part of such delinquent tax, not so entered, shall be void.
SEc. 36. The Treasurer, after making the above entry,
shall proceed to collect the taxes, and the list shall be his
authority and justification against any illegality in the pro-
ceedings prior to receiving the list, and he is also authorized
and required to collect, so far as practicable, the taxes re-
maining unpaid on the tax books of previous years.
SEc. 37. The Treasurer shall, when any person offers to
pay taxes on any real estate marked "sold," notify such per-
son that such property has been sold for taxes, and inform
182 REVISED CITY ORDINANCES -
him for what taxes said property was sold, and at what time
said sale was effected.
SEC. 38. The Treasurer shall certify in writing the en-
tire amount of taxes and assessments due upon any parcel of
real estate, and all sales of the same for unpaid taxes or as-
sessments shown by the books in his office, with the amount
required for redemption from the same, if still redeemable,
whenever he shall be requested to do so by any person having
any interest in said real estate, and be paid or tendered his
fees for such certificate at the rate of fifty cents for the first
parcel, and twenty-five cents for each subsequent parcel.
Each description in the tax list shall be reckoned a parcel in
computing the amount of such fees.
SEc. 39. Such certificate, with the Treasurer's receipt,
showing the payment of all taxes therein specified, and the
Auditor's certificate of redemption from the tax sales therein
mentioned shall be conclusive evidence for all purposes, and
against all persons, that the parcel of real estate in said cer-
tificate and receipt described was, at the date thereof, free
and clear of all taxes and assessments, except sales whereon
the time of redemption had already expired and tax purchaser
had received his deed.
SEc. 4o. For any loss resulting to the city, or to any
tax purchaser or tax -payer, from an error in said certificate or
receipt, the Treasurer and his sureties shall be liable on his
official bond.
SEc. 41. The Treasurer shall assess any property sub-
ject to taxation which may have been omitted by the. As-
sessor, 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
REVISED CITY ORDINANCES. 183
amount thereof : Provided, That such assessment shall be
made within two years after the tax list shall have been de-
livered to him for collection and not afterwards.
SEC. 42. In all cases where real property subject to tax-
ation shall not have been assessed by the Assessors or other
proper officers, the owner thereof, by himself or his agent,
shall have the same property assessed by the Treasurer and
pay the taxes thereon ; and no failure of the owner to have
such property assessed or the errors in the assessment cor-
rected, and no irregularity, error or omission in the assess-
ment of such property, shall affect in any manner the legality
of the taxes levied thereon.
SEc. 43. City Warrants shall be received by the Treas-
urer in full payment of all taxes for current city expenses and
water rents ; but money only shall be received for the taxes
levied for the purpose of paying the debts of the city.
SEc. 44. No demand of taxes shall be necessary, but it
is the duty of every person subject to taxation to attend at the
office of the Treasurer, unless otherwise provided, at some time
between the second Monday of November and the first
day of February, and pay his taxes, and if anyone neglect to
pay them before the first day of February following 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
IEMAIMINialaallataoat
1
184 REVISED CITY ORDINANCES.
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 remain-
ing above the taxes, charges of keeping, and fees for sale,
shall be returned to the owner, and the Treasurer shall on
demand render an account in writing of the sale and charges.
SEc. 46. If the Treasurer be resisted or impeded in the
execution of his office, he may require any suitable person to
assist him therein; and if such person refuse his aid, he shall
be fined not less than ten dollars, and the person resisting
shall be liable to a fine of fifty dollars.
SEC. 47. On the first day of February the unpaid taxes,
of whatever description, for the preceding year, shall become
delinquent, 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 be a lien upon any real property owned by such
person or to which he may acquire a title from the time of
the levy thereof.
SEc. 48. The Treasurer is authorized and directed to
collect the delinquent taxes by the sale of any personal prop.
erty upon 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 on the amount of the taR for the first three
REVISED CITY ORDINANCES 185
months; two per cent. a month thereafter. But the penalty
provided by this section shall not be construed to apply, and
shall not apply, upon taxes levied by order of any court to pay
judgments on city indebtedness, and upon such taxes no
other penalty than the interest which such judgments draw
canbe collected.
SEC. 5o. The Treasurer shall, in all cases, ma ke ou
and deliver to the tax payer a receipt, stating the time of pay-
ment, the description and assessed value of each parcel of
land, and the assessed value of personal property, the amount
of each kind of tax, the interest on each, and cost, if any,
giving a separate receipt for each year, and he shall make
the proper entries of such payments on the books of his office.
Such receipt shall be in full of the party's taxes for that year,
but the Treasurer shall receive the full amount of any tax,
whenever the same is tendered, and give a separate receipt
therefor.
SEC. 51. The Auditor shall keep full and complete ac-
counts with the Treasurer, with each separate fund or tax by
itself, in each of which ' accounts he shall charge him with
the amounts in his hands at the opening of such account,
whether delinquent taxes, notes, cash, or other assets belong-
ing to such fund, the amount of each tax for each year, when
the tax book is received by him, and all additions to each tax
or fund, whether by additional assessments, interest on delin-
quent taxes, amount received for licenses, or other items, and
shall credit the Treasurer on proper vouchers for money dis-
bursed, for double or erroneous assessments, the correction or
remission which causes a diminution of the tax, and for un-
available taxes, or such as have been properly and legally as-
sessed, but which there is no prospect of collecting.
SEc. 52. The Council shall direct the Treasurer to re-
fund to the tax payer any tax or other portion of a tax found
186 REVISED CITY ORDINANCES.
to have been erroneously or illegally exacted or paid, with all
interest and costs actually paid thereon ; and in case any real
property subject to taxation shall be sold for the payment of
such erroneous tax, interests or costs, as above mentioned,
the error or irregularity in the tax may at any time be cor-
rected as above provided, and shall not affect the validity of
the sale, or the right or title conveyed by the Treasurer's
deed, if the property was subject to taxation for any of the
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 from sale.
SEc. 53. On the first Monday in October, in each year,
the Treasurer is required to offer at public sale, at his office,
all lands, town lots, or other real property, on which taxes of
any description for the preceding year or years shall remain
due and unpaid, and such sale shall be made for and in pay-
ment of the total amount of taxes, interest and costs, due and
unpaid on such property.
SEc. 54. The notice to be given of such sale shall state
the time and place thereof, and contain a description of the
several parcels of real property to be sold for the delinquent
taxes of the preceding year, and such real property as has not
been advertised for the taxes of previous years, and on which
the taxes remain due and delinquent; and the amount of tax-
es, interest and costs against each tract, and the name of the
owner, when known, or person, if any, to whom taxed.
SEc. 55. The Treasurer shall give such notice by caus-
ing the same to be printed once in each week for three suc-
cessive weeks, the last publication to be at least one week
prior to the day of sale, in the official paper of the city, and
also by causing a copy of eachnotice to be posted on the door
of the City Hall at least four weeks before the day of sale.
SEc. 56. The Treasurer shall charge and collect in ad-
REVISED CITY ORDINANCES. 187
dition to the taxes and interest, a sum not exceeding twenty
(20) cents on each tract of real estate advertised for sale,which
sum shall be paid into the treasury; and the city shall pay
the cost of publication. But in no case shall the city be
liable for more than the amount charged to the delinquent
lands for advertising, and if the Treasurer cannot procure the
publication of said notice for that sum, or if for any reason
the Treasurer is unable to procure the publication of said
notice, he shall post up written notices of said sale in four of
the most public places in the city, four weeks before sale, and
notice so given shall have the same force and effect as though
the same had been published in a newspaper.
SEc. 57. The Treasurer shall, at his office, on the day
of sale, at the hour of ro o'clock in the forenoon, offer for
sale, separately, each tract or parcel of real property adver-
tised for sale, on which the taxes ' and costs shall not have
been paid.
SEc. 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 same, is to be considered the purchaser; and
when such purchaser shall designate the portion of any tract
of land or town lot, for which he will pay the whole amount
of taxes assessed against any such tract or lot, the portion
thus designated shall in all cases be considered an undivided
portion. In all cases where the homestead is listed 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
all paid.
SEc. 6o. 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,
188 REVISED CITY ORDINANCES.
the said parcel shall at once again be offered as if no such sale
had been made. Such payments may be made in the same
funds receivable by law in the payment of taxes.
SEc. 61. Any person owning or claiming lands or town
lots advertised for sale as aforesaid, may pay to the Treasurer
at any time before the sale thereof, the taxes due thereon,
with interest, cost of advertising, and all the costs which may
have accrued up to the time of such payment.
SEc. 62. In all advertisements for the sale of real property
for taxes, and in entries required to be made by the Auditor,
Treasurer, or other official, letters and figures may be used as
they have been heretofore, to denote townships, ranges, sec-
tions, part of sections, lots, blocks, date, and the amount of
taxes, interest and cost, and no irregularity or informality in
the advertisement shall affect in any manner the legality of
the sale or the title to any real property conveyed by the
Treasurer's deed under this chapter ; but in all cases, the
provisions of this ordinance shall be sufficient notice to owners
of the sale of their property.
SEc. 63. The Treasurer shall obtain a copy of said
advertisement, together with a certificate of the due publica-
tion thereof, from the printer or publisher of the newspaper
in which the same shall have been published, and shall file
the same in the office of the Auditor ; and such certificate
shall be substantially in the following form :
"I, A. B., publisher (or printer) of , a newspaper
printed and published in the City and County of Dubuque,
and State of Iowa, do hereby certify that the foregoing notice
and list were published in said newspaper once in each week,
for three successive weeks, and the last of which publication
was made on the day of —, A. D. i8—; and that
copies of each number containing said notice and list were
REVISED CITY ORDINANCES. 189
delivered by carriers or transmitted by mail to each of the
subscribers to said paper, according to the accustomed mode
of business in this office.
A— B ,
Publisher (or Printer) of the "
STATE OF IOWA,
Dubuque County, ss.
The above certificate of publication was
subscribed and sworn to before me by the above named A—
B—, who is personally known to me to be the identical
person described therein, on the day of A. D. i8—.
C D ,
City Auditor of the City of Dubuque.
SEC. 64. The Auditor shall attend all sales of real prop-
erty for taxes, made by the Treasurer, and make a record
thereof, in a book to be kept byhim for that purpose, there-
in describing the several parcels of real property on which
taxes and costs were paid by purchaser, as they are described
in the list or advertisement on file in his office, stating in sep-
arate columns the amount as obtained from the Treasurer's
tax list of each kind of tax, interest and costs, for each tract
or lot, how made, and what part of each tract or lot was sold,
to whom sold, and date of sale. The Treasurer shall also
keep a book of sales, in which, at the time of sale, he shall
make the same records. He shall also note in the tax list,
opposite the description of the property sold, the fact and
date of such sale.
SEc. 65. When all the parcels of real property adver-
tised for sale shall have been offered, and a portion thereof
shall remain unsold for want of bidders, the Treasurer shall
adjourn the sale to some day not exceeding two months from
the time of adjournment, due notice of which day shall be
given at the time of adjournment, and also 13y keeping a no-
190 REVISED CITY ORDINANCES
tice thereof posted up in a conspicuous place in the Treasur -
er's office. But no further advertisement shall be necessary.
On the day fixed for the reopening of the sale, the same pro-
ceedings shall be had as provided hereby for the sale com-
mencing on the first Monday in October. And further ad-
journment shall be made from time to time, not exceeding
two months, and the sale shall be thus continued until the
next regular annual sale, or until all the taxes shall have
been paid.
SEC. 66. If any Treasurer or Auditor shall hereafter be
either directly or indirectly concerned in the purchase of any
real property sold for the payment of taxes, he shall be liable
to a penalty of not more than one hundred dollars, to be re-
covered in an action in the District Court, brought in the
name of the City against such Treasurer or Auditor, as the
case may be, and his bondsmen ; and all such sales shall be
void.
SEC. 67. If, from neglect of officers to make returns, or
from any other cause, real property cannot be duly advertised
and offered for sale on the first Monday of October, the Treas=
urer shall make the sale on the first Monday of the next suc-
ceeding month in which it can be made, allowing time for
the publication as provided in this chapter.
SEC. 68. The Treasurer shall make out, sign and de-
liver to the purchaser of any real property sold for the payment
of taxes as aforesaid, a certificate of purchase, describing the
property on which the taxes and costs were paid by the pur-
chaser, as the same was described in the record of sales ; and
also how much and what part of each tract or lot was sold,
and stating the atnount 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 has been made
therefor. If any person shall become the purchaser of more
REVISED CITY ORDINANCES. 191
than one parcel of property, he may have the whole included
in one certificate, but each parcel shall be separately de-
scribed.
SEC. 69. The certificate of purchase shall be assignable
by endorsement, and an assignment thereof shall vest -in the
assignee or his legal representative, all the right and title of
the original purchaser ; and the statement in the Treasurer's
deed of the fact of the assignment shall be presumptive evi-
dence of such assignment. In case said certificate is assigned
then the assignment of said certificate shall be placed on
record in the office of the Treasurer in the register of tax
sales.
SEC. 7o. The Treasurer shall also make out, sign and
deliver to the purchaser of any real property sold for taxes
aforesaid, duplicate receipts for any taxes, interest and costs
paid by said purchaser after the date of such purchase for any
subsequent year or years ; one of which receipts said purchaser
shall present to the Auditor, to be by him filed in his office,
and a memorandum thereof entered on the register of sales ;
and if he neglect to file such duplicate receipt with the
Auditor before the redemption, such tax shall not be a lien on
the land, and the person paying such tax shall not be entitled
to recover the same of the owner of such real estate.
SEc. 71. Real property hereafter sold under the pro-
visions 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 same was
sold, and ten per centum of such amount immediately added
as a penalty, with ten per cent. interest per annum on the
whole amount thus made from the day of sale, and also the
amount of all taxes, interest and costs paid for any subsequent
year or years ; and a similar penalty of ten per centum added
192 REVISED CITY ORDINANCES.
as before on the amount of the payment for each subsequent
year, with ten per cent. interest per annum on the whole of
such amount or amounts, from the day or days of payment,
unless such subsequent taxes shall have been paid by the
person for whose benefit the redemption is made, which fact
may be shown by the Treasurer's receipt ; and, Provided,
further, That such penalty for the non-payment of the taxes
of any such subsequent year or years shall not attach, unless
such subsequent tax or taxes shall have remained unpaid
until the the first day of March, after they become due, so
that they may have become delinquent; nor shall any of said
penalties apply in the cases in the last clause of Section Fifty
(50) of this chapter.
SEC. 72. The Auditor shall, upon application of any
party to redeem any real property sold under the provisions
of this chapter, and being satisfied that such party has a right
to redeem the same, and upon the payment of the proper
amount, issue to such party a certificate of redemption, set-
ting forth the facts of the sale substantially as contained in
the certificate of sale; and the date of redemption, the amount
paid, and by whom redeemed; and he shall make the proper
entries in the book of sales in his office, and shall immedi-
ately give notice of such redemption to the Treasurer. Such
certificate of redemption shall then be presented to the Treas-
urer, who shall countersign the same and make the proper
entries in the books of his office; and no certificate of redemp-
tion shall be evidence of such redemption without such sig-
nature 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 Section eight hundred and ninety-three (893) of
the Code of Iowa. Or such redemption may be made by the
guardian or legal representative under Section eight hun-
i
REVISED CITY ORDINANCES. 193
dred and ninety (89o) 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
claiming an interest in the land derived from the tax sale,
as shown by the record, shall be made defendants; and the
courts shall determine the rights, claims and interest of the
several parties, including liens for taxes and claims for im-
provements made on the land by the person claiming under
the tax title; and no person shall be allowed to redeem lands
sold for taxes in any other manner after the service of the no-
tice provided for by the next section, and the execution and
delivery of the Treasurer's deed.
SEC. 75. After the expiration of two years and nine
months after the date of sale of the land for taxes, the lawful
holder of the certificate of purchase may cause to be served
upon the person in possession of such land or town lot, and also
upon the person in whose name the same is taxed, if such per-
son resides in the city, in the manner provided by law for the
service of original notices, a notice signed by him, his agent
or attorney, stating the date of sale, the description of the
land or town lot sold, the name of the purchaser, and that the
right of redemption will expire and a deed for said land be
made unless redemption from such sale be made within ninety
days from the completed service thereof. Service may be
made upon non-residents of the city by publishing the same
three times in some newspaper published in said city. But
any such non-resident may file with the Treasurer of the city
a written appointment of some resident of the city as agent
upon whom service shall be made. And in such case personal
service of said notice shall be made upon said agent. Service
shall be deemed completed when an affidavit of the service
13
194 REVISED CITY ORDINANCES.
of said notice and of the particular mode thereof, 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 evi-
dence of the completed service of notice herein required.
And until ninety days after the service of said notice, the
right of redemption from such sale shall not expire. The
cost of serving said notice, whether by publication or other-
wise, together with the cost of the affidavit, shall be added
to the redemption money.
SEC. 76. Immediately after the expiration of ninety days
from the date of service of the written notice hereinbefore
provided, the Treasurer then in office shall make out a deed
for each lot or parcel of land sold, and remaining unredeemed,
and deliver the same to the purchaser upon the return of the
certificate of purchase. The Treasurer shall demand twenty-
five cents for each deed made by him on such sales ; but any
number of parcels of land bought by one person may be in-
cluded in one deed if desired by the purchaser.
SEc. 77. Deeds executed by the Treasurer shall be sub-
stantially in the following form:
KNOW ALL MEN BY THESE PRESENTS:
That, whereas, the following described real property, viz:
(here follows description) situated in the City and County of
Dubuque, and State ofIowa, was subject to taxation by said
city for the year —(or years) A. D. i8—. And, whereas, the
taxes assessed upon said property by said city for the year (or
years) aforesaid, remained due and unpaid at the date of the
sale hereinafter named. = And, whereas, the Treasurer of said
city did, on the day of A. D. 18—, by virtue of the
REVISED CITY ORDINANCES.
195
authority in him vested by law, at (and adjournment)
of the sale began and publicly held on the first Monday of
A. D. i8—, expose to public sale at the office of the
Treasurer in the city aforesaid, in substantial conformity with
all the regulations of the statute and the ordinance in such
case made and provided, the property above described for the
payment of the taxes, interest and costs then due and remain-
ing unpaid on said property. And, whereas, at the time and
place aforesaid, A B , of the County of— and State
of , having offered to pay the sum of and cents,
being the whole amount of taxes, interest and costs then due
and unpaid on said property for (here follows a description of
the property sold) which was the least quantity bid for, and
payment of said sum having been by him made to said Treas-
urer, said property was stricken off to him at that price.
And, whereas, the said A B did, on the day' of
A. D. 18—, duly assign the certificate of the sale of the
property as aforesaid, and all his right, title and interest to
said property, to E T , of the County of and State
of . And, whereas, by the affidavit, of , filed in said
Treasurer's office on the day of --A. D. 18—, it appears
that due notice has been giyen more than ninety days before
the execution of these presents to and of the expira-
tian of the redemption allowed by law. And, whereas, three
years have elapsed since the date of said sale, and said prop-
erty has not been redeemed therefrom as provided by law.
Now, therefore, I, C— D—, Treasurer of the city afore-
said, for and in consideration of the said sum to the Treas-
. urer paid as aforesaid, and by virtue of the statute and the
ordinance in such case made and provided, have granted,
bargained and sold, and by these presents, do grant, bargain
and sell, unto the said A B (or E. T.) his heirs and
assigns the "real property last hereinbefore described. To
have and to hold unto him, the said A— B— (or E. T.) his
196
REVISED CITY ORDINANCES.
heirs or assigns forever ; subject, however, to all rights of re-
demption provided by law.
In witness whereof, I, C— D—, Treasurer as aforesaid,
by virtue of the authority aforesaid, have hereunto subscribed
my name on this --day
STATE OF' IOWA, Dubuque, County, ss}
I hereby certify that before me
in and for said city, personally appeared the above C— D—,
Treasurer of said city, personally known to me to be the
Treasurer of said city, at the date of the execution of the
above conveyance, and to be the identical person whose name
is affixed to, and who executed the, above conveyance as
Treasurer of said city, and acknowledged the execution of the
same to be his voluntary act and deed as Treasurer of said
city, for the purpose therein expressed.
Given under my hand —(and seal—) this --day of --A.
D. 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 substantially 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 conveyed; and also all the right, title, interest and
claim of the city.
SEc. 79. The provisions of this ordinance shall not
affect sales heretofore made, or tax deeds given in pursuance
of sales made before the taking effect of this ordinance.
SEc. 80. When by mistake, or wrongful act of the
Treasurer, land has been sold on which no tax was due at the
REVISED CITY ORDINANCES. 197
time; or whenever land is sold in consequence of error in des -
scribing such land in the tax receipt; the city is to hold the
purchaser harmless by paying him the amount of principal
and interest at ten per cent. and costs. And the Treasurer
and his bondsmen shall be liable to the city to the amount of
his official bond; or the purchaser or his assignee may recover
directly from the Treasurer in an action brought to recover
the same in any court having jurisdiction, of the amount; and
judgment shall be against him and his bondsmen. But the
Treasurer, or his bondsmen, shall be liable for only his own
or his deputies' acts.
SEc. 81. Whenever it shall be made to appear to the
satisfaction of the Treasurer, either before the execution of a
deed for real property sold for taxes, or if the deed be re-
turned by the purchaser, that any tract or lot was sold which
was not subject to taxation, or upon which the taxes had been
paid previous to the sale, he shall make an entry opposite
such tract or lot, on the record of sales, that the same was er-
roneously sold; and such entry shall be evidence of the fact
therein stated, and in such cases, the purchase money shall
be refunded to the purchaser as provided by this chapter.
SEC. 82. No sale of .real property for taxes shall be con-
sidered invalid on account of the same having been charged in
any other name than that of the rightful owner, if the said
property be in other respects sufficiently described.
SEc. 83. In any case that may arise, not provided for in
this ordinance, the officer, in the assessment, levy and col-
lection of city taxes, and the sale of real estate therefor, and
the redemption of lands sold for taxes, shall be governed by
the statute then in force controlling the action of county and
township officers in the levy and collection of county taxes.
SEc. 84. That when by mistake, or wrongful act of the
198 REVISED CITY ORDINANCES.
Treasurer and Collector, real property has heretofore been
sold or shall hereafter be sold for delinquent taxes, which was
not liable to be sold, or on which at the time of sale no tax
was due and delinquent, or whenever real property has been
or shall be sold, and error made in describing such real prop-
erty in the certificate or receipt issued to the purchaser, the
city shall refund to the purchaser the amount wrongfully col-
lected of him together with ten per cent. interest per annum
from date of payment to date of refunding.
Following is an Amendment to the foregoing ordinance,
passed February 19, 1887 :
AN ORDINANCE to amend an ordinance entitled "An Or-
dinance to provide for the assessment and collection of
taxes in the City of Dubuque," and to provide for the ap-
pointment of one or more Assistant Assessors.
Be it Ordained by the City Council of the City of Dubuque
SECTION I. That immediately on entering upon the
duties of his office in each year, as provided in section two (2)
of the ordinance to which this ordinance is amendatory, or as
soon thereafter as practicable, the City Assessor shall deliver
to every resident of the City of Dubuque who is the owner,
or the agent of the owner, of any real or personal property of
any description in said city, subject to taxation, a printed
blank . form, suitable for the listing and return of all such
property for the purpose of assessment.
Said blank forms shall be provided and furnished to the
Assessor in sufficient quantities by. the City Auditor, and shall
be ruled and prepared in such a manner as to include under
the proper headings every species of propety liable to taxa-
tion under the ordinances of the city. Said blank form shall
contain at its head a notice requiring the person to whom
such notice may be addressed, to fill and make out on such
REVISED CITY ORDINANCES. 199
blank a full, true and correct sworn statement, and list of all
the taxable property, both real and personal, including mon-
eys and credits, stocks and shares in incorporated companies,
owned by him (or her) or under his (or her) control, and
which he (or she) is required by law to list, and to hold said
statement and list, so made out and sworn to, in readiness for
delivery to the Assessor, within five days from the date of the
said notice. Said blank form shall also contain an affidavit
to be filled out and signed by the owner or agent of the own-
er of the property listed, certifying under oath that the state-
ment and list as made out by him (or her) thereon is a full,
true, and correct inventory of all the taxable property
owned by him or under his control, which he is required by
law to list, to the best of his knowledge and belief. The
oath or affirmation prescribed in section four (4) of the ordi-
nance of which this is amendatory, shall be in writing and
appended to the statement and list as hereinbefore provided.
Said affidavit may be sworn to before the Assessor, or any
officer authorized by law to administer oaths.
SEC. 2. That it shall be the duty of each person to
whom the City Assessor shall deliver a printed assessment
blank, as provided in the preceding section, to fill and make
out on said blank, within five days from the date of the de-
livery of the same to him, a full and complete list and statement
of all the taxable property, both real and personal, owned by
him in the City of Dubuque, or for which he may be agent,
and of all the property which he is required to list, including
moneys and credits, and stocks and shares in companies, and
to fill out, subscribe and swear to the affidavit appended to
said blank, and to hold said statement and list so prepared
and sworn to in readiness for delivery to the Assessor when
called for by him at any time after the expiration of the said
five days. And any person who, after having received from
the Assessor an assessment blank as above provided, shall
200 REVISED CITY ORDINANCES.
neglect to fill and make out the statement and list of all his
taxable property on said blank, in the manner and within the
timk. specified in this section, or shall neglect or refuse to sub-
scribe and make oath to the affidavit herein prescribed, or to
deliver the said assessment list to the Assessor whenever de-
manded by hitn after the expiration of such time, shall be
fined not less than twenty nor more than one hundred dollars
for each offense, and the Assessor shall assess such person ac-
cording to the best information he can obtain.
SEc. 3. If an Assessor shall fail or neglect to perform
any duty required of him by this ordinance, after having re-
ceived from the City Auditor the printed blanks therein
specified, he shall be liable to the penalty provided by section
twenty-four (24) of the ordinance hereby amended, to be re-
covered in the manner prescribed in said section. Nothing
in this or the preceding sections shall be construed to invali-
date any assessment hereafter taken or made without the use
of the assessment blank herein provided for.
SEc. 4. That whenever it may be deemed necessary or
expedient, the City Council may appoint one or more Assist-
ant City Assessors, who shall possess the same qualifications
as the City Assessor, and who shall give bond in such sum as
shall be fixed by the City Council, and shall take and sub-
scribe the same oath of office as required of the City Assessor.
SEc. 5. The Assistant City Assessor or Assessors shall
hold office until the first Monday of May next ensuing after
his or their appointment. But in the event that the city as-
sessment for any year shall not be completed and returned by
the first day of May, the Council may, by resolution, at its
discretion, extend the term of office of the City Assessor and
of the Assistant City Assessor or Assessors until such time as
the assessment list for such year shall be fully completed and
returnd.
REVISED CITY ORDINANCES. 201
SEC. 6.
sessor or Assessors to act in conjunction with the principal
Assessor, and assist him in listing and assessing the taxable
property of the city, and shall aid and assist the principal As-
sessor in the discharge of any other duties or work incident
to or pertaining to the office of City Assessor. Wherever in
this, or in the ordinance to which this is amendatory, the
tertn "City Assessor" may occur in defining the powers and
duties of that office, it shall be construed to apply to and in-
clude the Assistant Assessor or Assessors.
SEC. 7. The powers and duties of the Assistant City As-
sessors in the discharge of their official duties shall be con-
current with those of the City Assessor.
It shall be the duty of said Assistant City As-
SEc. 8. In the conduct of their office, and in the meth-
od of making and returning assessments, the City Assessor
and the Assistant Assessor shall be under the supervisionof
the Mayor, whose decision on any point of difference which
may arise between them relative to the manner of discharg-
ing their duties, shall be final and conclusive.
SEc. g. The Assistant City Assessor or Assessors shall
be allowed such compensation for their services as shall be
fixed by the Council.
SEc. io. The City Council may in any year,by resolution,
divide the city into two or more assessment districts, and sev-
erally assign the principal Assessor and the Assistant Assessor
or Assessors each to a separate district. In case of the adoption
of such a method of assessing the property of the city in any
year, the City Assessor and the Assistant Assessor or Assess-
ors, after the listing of all the taxable property has been com-
pleted, shall meet together and act conjointly in the work of
transcribing and preparing the assessment list, and returning
the same to the City Council.
202 REVISED CITY ORDINANCES.
SEc. I1. In the assessment of real estate for the purpose
of city taxation, the basis of valuation shall be on the actual
cash value of the property, and in arriving at and fixing such
value on any lot or parcel of ground, the Assessor may take
into consideration the prices paid at any recent sale of such
property, and of similar contiguous real estate.
SEC. 12. Any provision of any ordinance of the City of
Dubuque, relating to assessments, or the duties of the City
Assessor, contravening or inconsistent with the provisions of
this ordinance, are hereby repealed.
CHAPTER LIII.
AN ORDINANCE providing for the cancellation of Taxes.
Be it Ordained by the City Council of the City of Dubuque:
SEC. 1. That any delinquent taxes due the City of
Dubuque for assessments made upon property prior to and
including the year A. D. 187o, are hereby cancelled.
SEc. 2. That the City Treasurer of the City of Dubuque
is hereby authorized and ordered to mark and cancel upon
the tax books in his office, any delinquent taxes standing
against any property in the City of Dubuque, for assessments
made against said property prior to and including the year
A. D. 187o.
Passed March 7, 1887.
REVISED CITY ORDINANCES.
CHAPTER LIV.
AN ORDINANCE relating to the Fire Department.
SEC. 1. Fire Department. SEC. 9.
2. Command of Chief Engineer. 10.
3. Duties of Assistant Engineer. 11.
4. Chief and assistant how appointed. 12.
5. Duties of chief. 13.
6. Department to continue as at
present. 14.
7 Companies to be under foreman. 15.
8. City property not to be taken 16.
from city. • 17.
2(33
Not to run coming from fire.
No cards, dice or gaming.
Insulting firemen punished.
Payment to companies.
Public cistern must not be left
open.
Council to control fire apparatus.
Liquor not to be sold to firemen.
Marshal's duties.
Injuring property punished.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1. The Fire Department of this city shall
consist of a Chief Engineer and one Assistant Engineer, or
more, as the City Council may determine, and the members
of such fire companies and hook and ladder companies as
may from time to time be organized, by authority of the
City Council.
SEc. 2. The whole Fire Department shall be under the
command of the Chief Engineer. It shall be his duty to ex-
ercise a constant supervision over the Fire Department; he
shall have the general charge of the property of the city con-
nected with the Fire Department, and shall see that the
same is always kept in good repair and ready for immediate
use. He shall order and procure such repairs to be made
upon the engines or other fire apparatus as may be necessary,
but shall not incur at any one time an expenditure exceeding
fifty 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 times supplied with water and in a proper conditton
for use. He shall attend at all fires which may occur in the
city, and all orders given liy 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
204 REVISED CITY ORDINANCES
ordinance are strictly enforced and obeyed. The duties re-
quired by this ordinance of the Chief Engineer shall, in his
absence or inability to act, be performed by the assistant en-
gineer highest in rank present. He shall make report semi-
annually, in the months of January and July, or oftener, if
required, to the City Council of the property of the city con-
nected with the Fire Department, and the condition of the
same, and from time to time of such additions and improve-
ments as he may deem needful to preserve the efficiency of
the department, and such other matters relating thereto as
may require the action of the Council. He shall certify 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 in the discharge of his duty as far as
possible. In case any Assistant Engineer shall be guilty of
disobedience, disrespect or other improper conduct, or neglect
of duty, it shall be the duty of the Chief Engineer to report
the same to the City Council.
SEc. q.. The Chief Engineer and Assistant Engineers
shall be appointed by the City Council, and shall hold their
offices for the term of one year,and until their successors shall
be appointed and duly qualified, and shall receive for their
services such sums as the City Council shall allow, payable
from the City Treasury.
SEC. 5. When on duty, the Chief Engineer and Assist-
REVISED CITY ORDINANCES. 205
ant Engineers shall each wear 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 As-
sistant Engineers shall severally have power to command
such assistance from the inhabitants of the city for the sup-
pression or extinguishing 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 Asssistant En-
gineer 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 neglect to de-
part 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 organized, 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 number. The foreman of such company shall
have the special charge of the property of the city to which
his company may be attached. It shall be his duty to see that
said property is properly taken care of, and to report any de-
ficiency, defect or want of repair therein, as soon as known
206 REVISED CITY ORDINANCES
to him, to the Chief Engineer. Each foreman and the com-
pany under his command, unless excused or otherwise di-
rected, shall proceed as soon as practicable, with their engines
and apparatus, to every fire that shall occur in the city, and
shall proceed under such directions as may be given by the
Chief Engineer or either of the assistant engineers, to locate
their engine and apparatus, and do all that may be necessary
towards extinguishing the fire and the preservation of property
exposed to fire, and shall not remove therefrom without per-
mission of an engineer, if any be present, and on such per-
mission 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 appa-
ratus, or shall neglect to return the same as aforesaid, the
Chief Engineer shall report said company to the City Council,
who shall take such. action as they may deem proper. No
person shall be admitted as a metnber of any company belong-
ing 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 Engi-
neer may from time 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. g. No fire engine, hook and ladder truck, or hose
or bucket cart, shall, in going to or returning from any fire,
or at any other time, be run or drawn upon any sidewalk,
except by the special order of the Chief, or an Assistant En-
gineer, under a penalty of five dollars for each effense, to be
i
REVISED CITY ORDINANCES. 207
forfeited and paid by each and every person adjudged guilty
of aiding or assisting in such offense.
SEc. to. No cards, dice, or other articles used for gaming
shall be brought into or suffered to remain in any building
used as an engine house, nor shall any spirituous liquors be
used therein, and no such building shall be opened on Sun-
day, except in case of an alarm of fire.
SEC. II. Any person who shall be convicted of insulting,
menacing or wantonly interfering with any engineer or fire-
man, while on duty, or shall without authority give any or-
der to any engineer or fireman, while on duty, shall for each
offense forfeit and pay a fine of not less than five dollars.
SEC. 12. There shall be paid to each fire company, in
quarterly payments, in each year, for keeping clean their en-
gines, fire apparatus and houses, and for other expenses, ex-
cept repairs, such sum as the City Council may from time to
time determine.
SEc. 13. No person shall open or leave uncovered any of
the public cisterns, or take any water therefrom, except for
the purpose of extinguishing fires or washing fire apparatus,
under a penalty not exceeding ten dollars for each offense. •
SEc. z¢. The fire engines, hook and ladder trucks, hose
carts, hose, buckets, hooks and ladders, and other fire appa-
ratus, and the houses and lands used therefor, are and shall
be subject to the control and direction of the City Council,
and nothing herein contained shall divest the city of its prop-
erty, or in any manner impair its right at any time to take
possession of the same, or any portion thereof.
SEc. 15. No person, except by direction of the Chief
Engineer, or other officer in command at any fire, shall furn-
ish, sell or give to any fireman during the fire, any intoxi-
208 REVISED CITY ORDINANCES.
eating 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 Deputy
Marshal to repair immediately to every fire that may occur in
the city, as soon as the alarm may be given, and they, or
either of them, may prescribe limits in the vicinity thereof,
within which no person not residing therein, or not connected
with the fire department, or usefully employed in extinguish-
ing the fire, shall be permitted to come, under a penalty of
five dollars; and they, or either of them, may appoint as prop-
erty guards, such a number of known and reputable citizens
of the city as may be necessary to aid in the guarding, pro-
tecting and preserving of property at any fire; and the persons
so appointed shall have and possess the same powers as police
officers during the time they shall so act, and the Marshal
shall return a list of such persons to the City Council, and
they shall be entitled to receive such reasonable compensation
as the City Council may. allow.
SEc. 17. Whoever shall wilfully, maliciously, or negli-
gently break, deface, destroy, or in any manner injure any
fire -engine, or other fire apparatus belonging to the city, or
shall in any manner injure or interfere with any of the pub-
lic cisterns, or any platform constructed for the use of the
steam engine, or shall in any manner obstruct, or incumber
with lumber, wood or other material any passage -way to such
platform, shall be fined not less than $io, nor more than $ioo;
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.
REVISED CITY ORDINANCES.
CHAPTER LV.
AN ORDINANCE to define the Limits of the Fire Districts.
SEC. 1. Limits of Fire Districts.
2. Frame Building prohibited.
3. Not to prohibit when less than
eight feet square.
4. Wooden buildings not to be re-
moved.
209
SEC. 5. Damages to be determined by
three persons.
6. Violation of punished.
7. Establishing Lumber Yards in fire
limits prohibited. ,
8. Not to apply to yards already es-
tablished.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That all that part of the city lying within the
following limits is hereby denominated the fire district, viz:
Between the south line of lots fronting on the south side of
Jones street, on the south; the alley between White and Jack-
son streets on the east; the west line of the lots fronting on
the west side of Bluff street on the west; and Seventeenth
street on the north; and including the lots fronting on the
north side of said street, between said Bluff and White streets,
and all that portion of- the City of Dubuque bounded on the
north by Fourteenth street, on the south by Fifth street, on
the west by White street, and on the east by Washington
street.
SEc. 2. That no person shall hereafter erect, or place
any building, or part of a building, within the fire limits of
the city, unless all the outside walls- thereof shall be built of
stone, brick, or other fire -proof material. And if any build-
ing, or part of a building, not made and constructed of stone,
brick, or other fire -proof material, shall be erected or placed
within the aforesaid prescribed limits, contrary to the provis-
ions of this ordinance, the owner or owners, builder or build-
ers, shall severally forfeit and pay the sum of fifty dollars;
and every building, or addition to any building, erected or
placed within said limits in violation of this ordinance, is de-
14
111.4611.101111.111111111111111111111111
210 REVISED CITY ORDINANCES
clared a nuisance, and shall immediately be abated by the
City Marshal.
SEE. 3. That nothing contained in the preceding sec-
tion shall prohibit the erection within the aforesaid prescribed
limits of any building of wood, which shall not be more than
eight feet square, nor of any wood house for keeping and
storing fire -wood, which shall not exceed twenty feet in
length, twelve in width and twelve in height ; nor of any
barn which shall not exceed twenty-four feet in length, six-
teen in width, and not more than twelve feet in height from
the surface of the earth to the roof: Provided, Such small
buildings, or woodhouse or barn, shall not be made to front
upon any street ; and the City Council may, by special per-
mit, authorize the erection of any frame buildings within the
limits aforesaid, on application in writing being made and
signed by the owners of not less than two-thirds of the block
upon which such building or addition is to be erected or
placed.
SEc. q. No wooden building or part of any wooden
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 ; nor shall any such building, or part of
building, be removed into the fire limits from without the
same ; nor shall any wooden building within the fire limits,
which may become damaged to the extent of fifty per cent. of
the value thereof, by fire or other casualty, be repaired or re-
built ; 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 amount of, or extent of, damage that may
REVISED CITY ORDINANCES.
211
be done to any building, may be determined by three disin-
terested persons, residents of the city, one of whom shall be
chosen by the owner of the building, the second by the May-
or, and the two so chosen shall select the third, and if the
owner refuse to make a selection, the Mayor may select for
him, and the decision of the person so chosen shall be final
and !conclusive.
SEC. 6. That any owner or builder, or other person
who shall own, build, or aid in the erection, raising, enlarg-
ing, or repairing, or removing of any building within the fire
limits, contrary to the provisions hereof, shall be subject to a
penalty of not less than twenty-five nor more than one hun-
dred dollars, and every such building so erected, raised, en-
larged, repaired or removed, shall be deemed a nuisance, and
the Marshal may, when directed y the City Council, abate
the same.
SEc. 7. That no person shall keep or establish a Lumber
Yard, for the deposit of lumber, within the fire limits of this
City, except by special permit of the City Council, on appli-
cation in writing, signed by the owners of two-thirds of the
property in the block in which such lumber yard is situated
and any person who shall violate the provisions of this sec-
tion, shall forfeit and pay a fine of not less than ten dollars
nor more than one hundred dollars for the first 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; and each subsequent con-
tinuance 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
212 REVISED CITY ORDINANCES
yards have been established for, the space of three months
next prior to the passage of this ordinance.
CHAPTER I;VI.
AN ORDINANCE relating to Gunpowder.
SEC. 1. Powder not be kept in city.
2. Dealers not to keep more than
50 lbs.
SEc. 3. To be removed in case of fire.
4. Marshall to examine premises.
5. Permit not to be given drunkards.
Be it Ordained by the City Council ,of the City of Dubuque :
SECTION I. No person (except persons keeping not ex-
ceeding two pounds for their own use), shall keep, sell, or de-
liver gunpowder within the city, in any quantity, without a
written permit from the city, signed by the Mayor and attest-
ed by the Recorder under the seal of the city, under a penalty
of twenty dollars.
SEc. 2. No person to whom any permit shall be granted
to keep or sell gunpowder, shall deposite or keep in store ex-
ceeding fifty pounds of gunpowder within the city, unless the
same be kept in a warehouse or other building situated at
•
least three hundred feet from any other building, nor shall
he, at his place of business, or elsewhere within the city, sell
or deliver any gunpowder, camphene, or other like explosive
substance or liquid, by any y fire, candle, or lamp -light, unless
in sealed cans, canisters, or cases, under a penalty of not less
than five nor more than twenty dollars for each offense.
SEc. 3. Any person keeping gunpowder in any build-
ing, shall, in case of such building taking fire, or being in
danger of taking 'fire from any burning building near or ad-
jacent thereto, immediately cause such gunpowder to be re-
moved; and in case he shall be unable to remove the same, he
shall forthwith notify the officer in command at such fire, of
the location and quantity of such gunpowder, and for a failure
REVISED CITY ORDINANCES. 213
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 author-
ized herein, or any quantity whatever, in violation of the pro-
visions hereof, he shall direct the Marshal to examine the
premises of such person, and if gunpowder be found therein
kept in violation of this ordinance, the Marshal shall remove
the whole thereof, and the permit of such person, if he have
one, shall be forfeited; and the Marshal shall have power to
enter any building or premises, or any part thereof, for the
purpose of enforcing the requirements of this section.
SEC. 5. No permit shall be granted to any notoriously
intemperate or imprudent person; and all permits granted
under the provisions thereof, shall expire on the last day of
March, in each year.
CHAPTER L,VII.
AN ORDINANCE inrelationto the Manufacture and Stor-
age of Inflammable Oils and Substances.
SEC. 1. Not to manufacture in city. SEC. 4. Violation Punished.
2 Not to keep over five barrels.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. No person, company or corporation shall
manufacture or carry on, or continue any manufactory or
establishment for the purpose of snaking, producing, refining,
distilling, or in any manner generating coal or earth oil,
petroleum, kerosene, gasoline, carbon oil, benzine, benzole,
naptha, camphene, burning fluid, coal oils, or other easily
inflammable substance, within the fire limits of this city; nor
214 REVISED CITY ORDINANCES.
shall any of said acts be done, continued or carried on out-
side of the fire limits and within the city limits without the
prior consent of the City Council.
SEC. 2. No merchant, dealer, painter, or other person,
company or corporation shall, within the fire limits of the
city, keep on hand in any store, building, cellar, or other
place within said fire limits, a greater quantity of camphene,
benzine, benzole, kerosene, naptha, or other coal oils, or
other easily inflammable burning fluid, than one barrel, not
exceeding forty-five gallons of each at any one time, not ex-
ceeding five barrels in all; and benzine, benzole, or naptha
kept for retail shall be sold by daylight only, and shall be
kept in a tin can or other metalic vessel; Provided, That
any dealer, merchant, or other person, if he keeps none of
the other oils or inflammable substances named or referred to
in this ordinance, may keep five barrels of kerosene, or two
of benzine, or two of any other kind, not exceeding five in
all, and if retailed, it shall be from tin cans or other metal
cases. Provided, also, that kerosene may be retailed by gas-
light. Outside of said fire limits, no such person, company
or corporation shall keep any of said articles other than as
above provided, without the consent of the City Council.
SEc. 3. That it shall be unlawful for any jobber, whole-
saler or other dealer in oils to keep or have on hand or in
store at any one place in the City of Dubuque, any petro-
leum oils of any kind or variety, including kerosene, gaso-
line, benzine, naptha, lubricating, machine or other inflam-
mable oil in greater quantities than five (5) barrels except the
same be kept in fire -proof tanks made of tank iron, or stored
in a brick or stone building or buildings made as nearly
fire -proof as possible.
SEc. q.. Whoever violates any of the provisions of this
ordinance shall be guilty of a misdemeanor and shall be fined
REVISED CITY ORDINANCES. 215
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.
Section 3 adopted September 9, 1892.
CHAPTER I,VIII.
AN ORDINANCE to prevent tires.
SEc. 1. Stove pipes regulated. SEC. 3. Straw or Hay stacked in the city.
2. Not to burn shavings or straw. 4. Rendering of lard or grease.
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. That no person shall pass any stove pipe, or
flue, through any roof, partition or side of any house in the
City of Dubuque, unless it is sufficiently surrounded by brick,
stone, or other incombustible substance, so as to be at least
three inches removed from any wood or combustible, and all
chimneys and stove pipes shall in all cases extend at least two
and a half feet beyfond 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 burn 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 fore-
going provisions of this ordinance, shall forfeit and pay any
sum not less than five dollars for each offense, to be recovered
before a court having jurisdiction, with costs.
SEC. 4. That no person shall use any building for try-
ing or for rendering lard or grease, or boiling oil or varnish,
if such building shall stand within one hundred feet of any
216 REVISED CITY ORDINANCES.
other building, unless such buildings are secured from fire by
a brick, stone or ground floor, and no wood work within ten
feet of the fires, unless it be the ceiling over head, and in
case it shall come within ten feet, it shall be covered with
iron, zinc, or tin, and any person who shall violate the pro-
visions of this section, shall forfeit and pay any sum not less
than twenty dollars for each day's continuance of the use of
such building for the purposes aforesaid, to be recovered
before any court having jurisdiction, with costs.
CHAPTER LIX.
AN ORDINANCE providing for the erection of Fire Escapes
and Stand Pipes, the same being designed as a protec-
tion to human life and to property from fire.
Sc.E1. Buildings of three or more stories SEC. 2. Penalty for failure.
to have fire escapes. 3. Buildings to have stand pipes.
Be it Ordained by the City Council of the City of Dubuque:
SEcTIoN I. All buildings excepting,fuch as are used for
private residences exclusively in the City of Dubuque, of
three or more stories in height, shall be provided with one
or more metallic ladders, or equally good fire escapes, extend-
ing from the ground to the upper stories of such building,
and above the roof, and in such location and numbers, and
of such material and construction, as the City Engineer of the
City of Dubuque may in writing designate and determine.
And after such determination by said Engineer, he may at
any time by notice in writing, serve upon such owners, lessee
or occupant of such building, by leaving with such owner,
lessee or occupant, or at his or her residence or place of busi-
ness, a copy of such notice, require such owner, lessee or
occupant, or either of them, to cause such ladder or fire
escape to be placed upon such building within thirty days
after the service of such notice ; Provided, however, that all
REVISED CITY ORDINANCES. 217
buildings more than two stories high and used for man-
ufacturing purposes, shall have one metallic ladder for every
twenty-five persons or less employed above the second story,
or a fire -proof stairway.
SEc. 2. In case such owner, lessee, or occupant, or
either of them, so served with notice as aforesaid, shall not.
within 3o days after the service of such notice upon him, or
them, place, or cause to be placed, such metallic ladder or
fire escape upon such building as required by Section i of
this ordinance and the terms of such notice, he or they shall
be subject to a fine of not less than $io.00 or more than $ioo,
and to a further fine of $50.00 for each week of such neglect
to comply with such notice, after the service of the same.
SEC. 3." All business buildings being more than fifty
feet high, covering an area of more than 5,00o superficial
feet; also all buildings exceeding sixty feet in height, shall
have a two and one-half inch (or larger) metallic stand pipe
within or near the front wall extending above the roof, and
arranged so that engine hose can be attached from the street.
All hose couplings shall conform to the size and pattern
adopted or used by the Fire Department of the City of Du-
buque.
Any person failing or neglecting to comply with the re-
quirements of this section shall, upon conviction, be fined
not less than $io nor more than $roo, and to a further fine of
$5o for each week of such neglect to comply therewith.
Adopted May 5,, 189o.
218
REVISED CITY ORDINANCES.
CHAPTER LX.
AN ORDINANCE to prevent the erection of dangerous
buildings and walls.
SEC. 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Doors.
Stairs.
Theatres.
Duty of City Engineer
Penalty $25 to 6100.
Party walls of brick.
Foundations.
Thickness of walls.
Thickness of upper walls.
Thickness for public buildings.
Thickness of brick walls.
Fire proof partition walls.
Sac. 13. Reading course.
14. Wooden columns for store fronts
15. Roof trusses of wood.
16. No winding stairs allowed.
17. Chimneys and flues.
18. Penalty ten dollars.
19. Chimney not to be built in any
loft.
20. Public buildine's changed in nine-
ty days.'
21. Plans filed with Engineer.
22. Not retrospective on dwellings.
Be it Ordained by the City Council of the City of Dubuque.
SECTION I. That the doors of churches, theatres, public
school houses, colleges, court houses, and all other public
buildings in the City of Dubuque, except stores, shall be so
constructed as to open outwardly, and to furnish an easy
egress from the same, in case of alarm from fire or other
cause.
SEc. 2. That all winding stairs in any building in the
preceding section described, are hereby declared to be a
nuisance, and subject to abatement as other nuisances. The
aisles in all such buildings shall be kept open and unob-
structed, and the use of all reasonable precautions to prevent
accident shall be adopted.
SEc. 3. That in all theatres and other places of public
amusement, 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 fireman shall be stationed in each of said buildings when
an audience is within the same.
REVISED CITY ORDINANCES. 219
SEC. 4. It is hereby made the duty of the City En-
gineer, unless another person be appointed by the City
Council for the purpose, to inspect the buildings last above
mentioned, once in every three months, and to report to the
City Council any defect therein, or any want of conformity
to the last section; and it shall thereupon become the duty
of the City Council, if said report shall be deemed by them
well founded, to notify the owners or tenants of any such
building, to make the same to conform to said requirements;
and if such owner or tenant shall fail to do so within a rea-
sonable time, said Council may declare the same to be a
nuisance, and direct the City Marshal to close the building
against the public use of the same; and it is hereby made
the duty of the City Marshal, on receiving such direction
from the Council, to carry out said order.
SEC. 5. If any person, whether owner or tenant of such
building, shall occupy the same for public entertainment
after such notice shall have been given, he shall be declared
guilty of a misdemeanor, and on conviction shall pay a fine
of not less than twenty-five dollars nor more than one hun-
dred dollars, and costs.
SEC. 6. No buildings of any kind or description shall be
erected or constructed within the fire limits, as described in
the City Ordinances, unless the outside and the party walls
thereof shall be composed of brick, or other incombustible
material, without the consent of two-thirds of the whole
Council, and two-thirds of the property owners of the block
upon which such building is to be erected.
SEC. 7. Foundations for all buildings, where founda-
tions 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 al-
ways to be dug down for every kind of public or private
220 REVISED CITY ORDINANCES.
building, erected of stone, brick; iron, or other composition
building material, to an equal soil of sand, gravel, hard clay,
or rock, and to be carefully examined before commencing
building. If no equal soil can be found, concrete foundation
to sufficient width and depth to be inserted, especially of
churches, theatres, public and heavy factory and storage
buildings.
SEC. 8. The thickness of foundation walls of all public,
church, theatre, factory, store, and storage buildings, over
twenty-four feet high, shall have two to three footing courses
from twelve to fourteen inches thick, each, and the first
course to be built of large flat stones, to be not less than
four feet wide; of buildings three to five stories high, not
less than five to six feet wide; said footing courses to project
equally on, in, and outside beyond the upper walls; footing
courses for partition walls on such buildings not to be less
than three feet six inches wide; footing courses for two-story
buildings not to be less than three feet wide, fourteen inches
thick; for one and a half story high dwellings two feet six
inches.
SEc. q. The upper walls to level of ground, or first floor,
to be in proportion to the height of stories or buildings, as
follows: For two-story .building, two feet; three-story build-
ings, three feet; four-story buildings, three feet six inches;
five -story buildings, four feet; and so on; upper or cellar
walls on two-story dwellings to be ;two feet thick, partition
walls twenty inches; on one and one-half story buildings,
upper walls to be twenty inches thick, partition walls eigh-
teen inches thick; foundations for inside wood, brick or iron
pillars to be of sufficient width and depth to secure sextuple
security for superstructure.
SEc. ro. The thickness of walls on stone buildings to be
as follows: Stone walls for Churches, Theatres, and all build -
REVISED CITY ORDINANCES. 221
ings named in Section Eight (8) of this ordinance,- over thirty
(3o) feet high, to be three (3) feet thick, with difference of
sets to two (2) feet and eighteen (i8) inches. Walls for two
(2) story buildings and dwellings to be twenty-four (24) to
twenty (2o) inches thick. Walls for one (r) story dwellings
to be eighteen (i8) inches thick.
SEC. r r. 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 (i6) inches thick. If four (4)
and five (5) stories high, the first story walls to be at least
twenty (2o) inches thick ; second, not less than sixteen (16)
inches ; third, not less than twelve (r2) inches ; fourth, not
less than eight (8) inches thick, and with the exception of
the front walls shall extend at least twelve (12) inches above
the roof. Inside partitions of stone and brick buildings,
built of brick, to be from twenty (2o) to eight (8) inches thick,
to allow triple security for superimposed weights ; Provided,
That buildings erected and used as dwellings only, may be
constructed with walls in all cases, four (4) inches less than is
hereby above specified for public buildings ; and, Provided
further, That any building, cottage or barn, one story in
height, may be built with walls not less than eight (8) inches
thick ; and that frame buildings of one (r) story, not exceed-
ing sixteen (r6) feet in height, with walls resting on wooden
sills, placed not to exceed one (r) foot above the ground, to
be lined with brick four (4) inches thick on the outside.
SEC. 12, That every building hereafter erected, in which
partition walls, supporting floor beams, columns, etc., may be
required, except Churches, Theatres, or other public buildings
heretofore named in this ordinance, shall have one or more
stone, brick or fire -proof partition walls, which, when built of
stone or brick, may be four (4) inches less in thickness than
outside wall, as first above specified; Provided, They are not
222
more than fifty (5o) feet in height; or, in place of walls, there
shall be brick piers, iron or wood columns, with girders and
joists sufficient to carry their superimposed weights, allowing
quadruple security. In all buildings over twenty-five (25)
feet in width, and not having either brick or stone partition
walls, or girders supported by columns or piers, the walls
shall be increased an additional four (4) inches in thickness
for every additional eight (8) feet in width of said building,
or any portion thereof.
t
y fifth course
SEC. 13. In every brickexcept at faced with
shall be a heading course, where
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 behind the same, or by putting
in iron strips straight or in S form. In all the walls that are
faced with their ashler anchored to the backing, or in which
the ashler has not either alternate headers and stretchers in
each course, or alternate heading and stretching courses, the
backing of brick shall be not less than twelve (12) inches
thick. The backing in all walls,
thicknessver material to make the lt may
walls,
be composed, shall be ofsuch
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 open-
ings, shall be double thick; joists for store, church and other
public buildings, as described in this ordinance, not to be
placed more than twelve (r2) inches from centres.
SEC. 14. In wooden columns, to be used for store fronts,
or any other building higher than one (r) story, public build-
ings, churches, stores, storage buildings, school houses, and
court houses, to be well anchored to each tier of joist, every
pillar to be well secured. Anchors and through bolts to be
of the best wrought iron.
REVISED CITY ORDINANCES.
REVISED CITY ORDINANCES.
223
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
superingrossed 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 leading to each story, not less than five (5) feet wide,
built on strong stringers, or constructed of iron having strong
railings. Stairs from upper stories downward to increase in
width at least one (r) foot for each story. Every public build-
ing 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 im-
bedded in lime mortar, and all the joints filled with mortar.
No flue shall in any case be less than six (6) by eleven (II)
inches, and if intended for two full stories, not less than (6) by
sixteen (r6) inches ; and for three stories or more, not less
than six (6) by twenty-two (22) inches. Holes for stovepipes
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 (r) inch wide,
outside of the brick. Every person who shall build, or cause
to be built, a chimney contrary to this section, shall, for every
such offense, forfeit and pay the sum of ten ($ro.00) dollars,
and every owner of any chimney that shall be built contrary
to this section, shall cause the same to be altered within ten
days after notice shall be given by the City Engineer so to'do,
or forfeit the sum of ten ($ro.00) dollars, and also ten ($ro.00)
224 REVISED CITY ORDINANCES
dollars for every month thereafter, so long as said chimney
shall remain unaltered.
SEc. 18. That no person. shall build, or cause to be
built, a chimney resting upon any part of the building liable
to 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, u_i-
der penalty of ten ($io.00) dollars for every such offense, and
a further sum of ten ($io.00) dollars for every week it shall
remain, after notice given by the City Engieeer to alter the
same.
Sue. 19. That no chimney shall be commenced in any
loft, unless there are fixed stairs leading to the same, easy of
access at all times; and no stove pipe shall pass through more
than one ceiling before entering a chimney, under penalty of
ten ($io.00) dollars for each offense, and a further sum of two
(82. oo) dollars for each week either shall remain after notice
shall be given by the City Engineer to alter the same. Stove
pipes shall not be less than four (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 ($3) dollars, and the further sum of one
($r) dollar for every three (3) days it shall remain, after
notice from the City Engineer to alter the same.
Sue. zo. And be it further ordained, that the doors, stair-
ways, and other entrances of all public buildings heretofore
constructed, as also the staging of theatres now in existence,
shall within ninety (9o) days from the passage of this ordi-
nance, be made to conform to the provisions thereof. And
that on and after the expiration of said ninety (9o) days, that
such building be closed against public assemblies till the
same shall be made to conform thereto ; and that each and
REVISED CITY ORDINANCES.
225
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 (zoo) dollars.
SEc. zI. 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 exam-
ined by him, or some person to be appointed by the City
Council; and if said plans and specifications be found to com-
ply with the requirements of this ordinance, then that said
City Engineer, or other person appointed by the City Coun-
cil as aforesaid, shall certify to the correctness of said plans
and specifications, which certificate shall be signed by the
Mayor, and given to the party applying therefor.
SEC. 22. This ordinance shall not be so construed as to
have reference to any dwellings or stores now erected, or in
course of erection.
CHAPTER I,XI.
AN ORDINANCE to regulate Ferries.
SEC. 1. Ferry boats must get license. SEC. 2. Acting without, punished.
Be it Ordained by the City Council of the City of Dubuque:
SECTION Z. 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 bank of the Mississippi river, or shall use any
boat or boats of any kind or description for ferry purposes,
within said limits, without being duly authorized by a license
from the City Council, shall be subject to a fine of not less
than thirty dollars, with costs of prosecution, for each trip
made by such ferry boat.
=5
226 REVISED CITY ORDINANCES.
S.C. 2. That any person who shall act as agent for the
owner of any boat or barge of any description used for ferry
purposes, in violation of the preceding section, or who shall
receive for the purpose of transportation from any point within
the limits of the City of Dubuque to the opposite bank of the
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 LXII.
AN ORDINANCE to prevent Nuisances.
SEC. 1. Slaughtering in City. SEC. 6. Nuisance to be removed at ex-
2. Carcass of animals pense of.
3. Cellars, vaults and drains. 7. Offal, filth or manure.
4. Soap factory and butcher shops. - 8. Privy vaults must be twelve feet
5. Power of Mayor. deep.
9. Less than twelve a nuisance.
Be it Ordained _ by the City Council of the City of Dubuque:
SECTION I. That no person shall slaughter any cattle,
sheep, calves or swine, or erect, construct, alter or use any
building for the purpose of slaughtering therein, within that
part of the City contained within the original limits of the City
of Dubuque. No person shall occupy or use for slaughtering or
for purposes connected therewith, any building not now used
for such purpose within the present limits of the City, with-
out permission of the City Council. Whenever any building
now used, or which hereafter may be used for such purposes,
shall be deemed by them a nuisance, the City Council may
order the removal or disuse of the same, and may restrict the
location of buildings for such use to prescribed limits, or
totally prohibit the same within the city. Any person who
shall violate any provision of this section, or who shall refuse
to remove or discontinue the use of any building for the pur-
pose of slaughtering, when so ordered by the City Council,
REVISED CITY ORDINANCES. 227
due notice of such order having been given, shall be subject
to a fine of not less than five dollars or more than fifty dollars
for each 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 substance, or make, use, keep, or permit, in his, her
or their dwelling house, shop, store, factory, out -house, cellar,
yard, lot, or any other place within the city, any noisome or
offensive liquid, or substance prejudicial to the health of the
citizens, or an annoyance to the neighborhood, or throw any
filth, manure, offal, or other offensive matter, into any street,
alley, lot or watercourse in the city, and any person who shall
violate any provision of this section, or who shall 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.
SEC. 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 fine for every
day such nuisance shall continue after notice to remove or
abate the same.
Suc. 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 offensive, shall be fined not less than one dollar or
more than twenty dollars for each offense.
228 REVISED CITY ORDINANCES.
SEc. 5. The Mayor or City Marshal shall have full author-
ity to enter into and examine, at any time between sunrise
and sunset of each day, any building or part thereof, or any
lot or ground, which they may know or believe to be foul,
offensive or prejudicial to the public health, and they 'may
direct the cleansing of the same and the removal of all nuis-
ances in and about the premises by the owner or occupant
thereof ; and any person who shall resist or obstruct such offi-
cer in his duty, or shall neglect or refuse to remove any such
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 con-
sequence of the neglect or refusal of any person, to remove or
abate any nuisance, that the same shall be removed or abated
at the expense of the city, the cost of such removal or abate-
ment shall be chargeable to the person who shall cause such
nuisance, or permit the same upon his premises, and shall be
collected by suit or otherwise, with as little delay as possible.
SEc. 7. That if any person shall permit or allow any
offal, filth, manure, or offensive matter of any kind, to ac-
cumulate or remain on that portion of any street or alley
abutting on the front or rear of the premises owned or oc-
cupied by him, and shall not remove the same within five
hours after being notified by the Marshal so to do, he shall be
subject to a fine of not less than one nor more than twenty-
five dollars.
SEc. 8. That no privy vault shall be erected hereafter
within the limits of the city unless the vault to the same be
twelve feet deep.
SEc. 9. Any privy vault erected without a vault of the
depth aforesaid, shall be deemed a nuisance, which may be
summarily removed by the City Marshal, and any person
REVISED CITY ORDINANCES. 229
erecting, keeping or maintaining the same shall pay a penal-
ty of five, dollars for each day's maintenance of the same.
CHAPTER LXIII.
AN ORDINANCE to provide for the Inspection of Animals
and Meat intended fo1- consumption in the City of Du-
buque.
SEc. 1. Sale of diseased live stock pro- SEC. 4. Powers of Meat Inspector.
hibited. 5. Diseased meat and animals to be
2. Sale of diseased mdat prohibited. condemned.
3. Meat Inspector to enforce or- 6. Council to appoint Meat Inspector
dinance.
Be it Ordained by the City council of the City of Dubuque:
SECTION I. That it shall be unlawful for any person or
persons within the limits of the City of Dubuque, to slaughter
or procure to be slaughtered, or to sell, or offer, or expose for
sale, or to bring, or drive into said city for the purpose of sell-
ing, or offering, or exposing for sale, or slaughtering, or pro-
curing to be slaughtered, any sick, unhealthy, lumpy or big
jawed, or otherwise diseased cattle, sheep, calves, lambs,
swine, chickens, turkeys, geese, or other live animals or
fowls, intended for consumption in said city as human food.
And any person found guilty thereof, shall be fined for each
and every such offense not less than five nor more than fifty
dollars, with costs of prosecution.
SEc. 2. That it shall be unlawful for any person or per-
sons within the limits of the City of Dubuque, to sell, offer,
or expose for sale, or to have in his or their possession, with
intent to sell, or to buy, or bargain for, with the intention of
selling again any tainted, putrid, slimy, infected or diseased
beef, mutton, veal, pork, fish, dressed chickens, or other
poulty of any kind; or the meat 'or flesh of any sick, un-
healthy, lumpy or big jawed, or in any manner diseased
beeves, sheep, calves, hogs or pigs, or other animals, or fish,
230 REVISED CITY ORDINANCES
or fowl intended for consumption in the City of Dubuque as
human food, and any person violating any of the provisions
of this section, shall on conviction, be fined not less than five
nor more than fifty dollars for each and every offense, with
costs of prosecution.
SEC. 3. That it shall be the duty of the City Meat In-
spector to be active and diligent in the enforcement of the
provisions of this ordinance, and in discovering and detecting
any violation of the same, and for that purpose he shall pos-
sess .all the power and authority given by law or ordinance to
members of the City Police, and may arrest with or without
written warrant, any person or persons found or detected in
the act of offending against or violating any of said pro-
visions, or of the provisions of an ordinance entitled "An Or-
dinance to establish and regulate markets, and the sale of
meats, etc.," and to bring the person or persons so arrested
before the proper court for trial. It is further made the duty
of the Meat Inspector to visit daily if practicable, and as
often as he may consider it necessary for the strict enforce-
ment of this ordinance, and the faithful discharge of his
duties, all slaughter houses or other places in the City of
Dubuque, used for the slaughtering of animals intended for
consumption in the City of Dubuque as human food, and to
make a careful examination of the condition of such houses or
places, and the yards and premises connected therewith; and
of the animals slaughtered or awaiting slaughter therein, or
that may be brought there for the purpose of being slaught-
ered. He shall also visit as often as practicable, and at such
times as he shall deem advisable, all butcher or meat shops,
and other places in the City of Dubuque, where fresh meats
of any kind, or poultry, or fresh fish may be kept or exposed
for sale, and to carefully inspect the condition of such shops,
or other places, and also the condition and quality of the
meats, poultry, game or fish kept or exposed for sale thereat.
ti-
REVISED CITY ORDINANCES. 231
SEC. 4. That for the purpose of enabling the City Meat
Inspector to properly and efficiently discharge the duties im-
posed upon him in the last preceding section, said officer shall
have the power and authority at any time, at reasonable
hours, to visit and enter any slaughter house, cattle yard,
butcher or meat shop, store or any other place in the City of
Dubuque used for the slaughtering of animals, or the selling
or exposing for sale of fresh meats of any kind, fresh fish,
game or poultry, intended for consumption in said city as
human food, for the purpose of examining and inspecting the
condition of the same, and of the animals, meats, fresh fish,
game or poultry found therein, and intended for slaughter, or
kept, or exposed for sale, and to make a thorough examination
and inspection of the building or buildings, sheds, yards, and
premises connected therewith, and shall have access to, and
may open and inspect any ice box or other receptacle, or
place used for the storing or preservation of the articles of
food herein before mentioned; and any person or persons who
shall in any manner interfere with, hinder or obstruct said
officer in the discharge of the duties imposed upon him by
the provisions of this ordinance, shall be guilty of a misde-
meanor, and shall on conviction thereof, be fined in any sum
not less than five nor more than twenty dollars for each and
every offense, with costs of prosecution. And said Meat In-
spector shall have power to file complaints, and initiate pro-
ceedings for the prosecution of any person guilty of violating
any of the provisions of this ordinance.
SEc. 5. That all animals or meat found to be unfit for
human food, shall be condemned and destroyed by the In-
spector.
SEc. 6. That all Inspectors contemplated under this
ordinance shall be appointed by the City Council, and shall
receive such pay or fees as may _ be fixed by said Council.
Adopted November 5, 1888.
Sections 1, 2. 3 and 4 adopted March 2, 1891.
•
232 REVISED CITY ORDINANCES
CHAPTER ',XIV.
AN ORDINANCE to enfore the observance of the Sabbath.
SEC. 1. Sabbath observance. SEC. 3. No exhibition of. shows.
2. Not to play billiards.
Be it Ordained by the 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 January igth,
1855, shall be subject to a fine of not less than five dollars for
each offense.
SEc. 2. That any person or persons, who shall permit
in or upon any premises occupied by him, her or them, the
use of any pin alley, or the playing of any game of billiards,
cards, dice, bagatelle, or other game of skill or chance, on
the Sabbath, and any person who shall participate therein,
shall be subject to a fine of not less than five nor more than
twenty dollars.
SEc. 3. That no license issued under any ordinance of
the city shall authorize any show, exhibition, or other public
amusement on the Sabbath, and any person who shall either
as proprietor, keeper or agent be engaged in • any such show
or exhibition, or who shall take part in any such amusement
on that day, shall be subject to a fine of not less than five nor
more than twenty dollars for each offense.
REVISED CITY ORDINANCES 233
CHAPTER I,XV.
AN ORDINANCE to restrain Gaining.
SEC. 1. Gaming 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 pur-
pose of playing or betting upon, or winning or losing money,
or any other thing or article of value, and any person who
shall bet on any game others may be playing, shall, upon con-
viction thereof, be fined not less than five nor rnore 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 who
shall suffer or permit other persons to frequent or remain in
any house or room kept, owned, occupied or controlled by
him for the purpose of gaming therein, shall, upon conviction
thereof, be fined not less than ten nor more than fifty dollars
for each offense, with costs of prosecution.
234 REVISED CITY ORDINANCES.
CHAPTER I,XVI.
AN ORDINANCE to secure the health of the city —Appoint-
ing a Board of Health:
SEC. 1. Board of Health constituted un- SEC. 7. Health officer.
der Chapter 151, Laws of the 8. Duty of Health officers.
Eighteenth General Assembly 9. Neglect of duty punished.
2. To exercise a general supervision 10. Inspection of boats.
3. To provide a hospital. 11. Boats forbidden 'to land.
4. Physician to report. 12. Ferry boats.
5. Marshal to obey Board. 13. Rafts, skiffs or yawls.
6. City hospital. 14. Use 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
Dubuque be, and the same are hereby constituted, a Board of
Health, in accordance with the provisions of Chapter 151.
Acts of the Eighteenth General Assembly of the State of
Iowa, and the provisions of said Act, so far as the salve are
applicable, are hereby adopted and approved for the govern-
ment of said Board.
That all ordinances and parts of ordinances, inconsistent
with this ordinance and said Act of the General Assembly,
so far as the same is applicable, be, and the same are hereby
repealed, 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 ordinances 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
supervision 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
REVISED CITY ORDINANCES. 235
spreading of malignant, contagious or infectuous 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 Board, shall be liable to a
fine of not less than five nor more than one hundred dollars.
SEC. 3. Whenever any contagious disease shall break
out or be found to infest the city, it shall be the duty of said
Board to provide a hospital or place for the reception of all
persons infected with such disease, and remove all such per-
sons to such hospital without delay as can be removed, and
also to provide, at the expense of the city, all necessary com-
forts and medical aid for the inmates of the hospital, and for
this purpose the said Board may command the services of the
County Physician, and also employ such other medical aid
as they may deem necessary, and also employ such nurses,
cooks and other help as may be necessary for the proper po-
lice of such hospital, but if such person refuse to be removed,
or if his or her condition be such that in the opinion of the
Board removal would be attended with danger, said Board
shall take such measures as they may deem advisable to pre-
vent the spread of the contagion or infection, and to cause
the diseased person to receive proper and humane treatment,
But in all cases where the infected person refuses to go, or
cannot be taken to the hospital, such Board shall cause suit-
able notices, with the name or character of the disease print-
ed or written in large letters thereon, to be posted up in the
most conspicuous place on or near the place of abode of such
infected person, and require the occupants thereof to main-
tain such notices there until said Board may discontinue the
same; and any person who shall tear down or destroy such
notices shall be fined in any sum not less than ten nor more
than one hundred dollars.
SEc. 4. That each and every physician who may be
236 REVISED CITY ORDINANCES.
called upon to attend any case of small pox, cholera, or other
contagious disease, or shall at any time hereafter, attend any
such case, shall within twenty-four hours after first seeing
any such case, report the same to the Mayor of the city, 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 such case, within the city limits, who shall neglect
or refuse to report the same as herein provided, shall be sub-
ject to a fine of not less than ten nor more than one hundred
dollars.
SEc. 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 pertaining to the duties of said Board, and in any
matter relating to the health of the city.
Sc.E6. That the Mayor and health officers are hereby
authorized and empowered to select and rent a piece of ground
on the bank of the Mississippi river, at a point not to exceed
three miles below said city, for the purpose of erecting there-
on a City Hospital, for the uses and purposes hereinafter
mentioned.
SEc. 7. That a Health officer of said city, to be selected
and appointed by said Council, or a committee thereof, shall
be stationed at said hospital to be erected as aforesaid, 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 df cholera, small pox,
or yellow fever, or premonitory symptoms of cholera, small
pox or yellow fever on board said boat.
't;
REVISED CITY ORDINANCES. 237
SEc. 8. It shall be the duty of said Health Officer to
make the examination aforesaid, and in case he shall find
cholera, small pox or yellow fever, or symptoms of cholera,
small pox or yellow fever, on board such boat, to warn the
officers thereof not to make a landing at the City of Dubuque ;
and in case he shall find no such cholera, or symptom thereof,
on such boat, to give the captain or other officer commanding
the same a certificate to that effect.
SEc. 9. That any health officer selected and appointed
as aforesaid, who shall neglect his duty and permit any boat
to pass without inspection and examination as aforesaid, when
in his power to make such examination, or who shall know-
ingly ' make any false report, and give a certificate that there
is no cholera or symptoms thereof on board such boat, when
in truth and in fact such cholera or symptoms do exist on
such boat,, shall be fined not less than one hundred dollars for
every such neglect of duty or misfeasance in office, to be
collected by suit in any court having jurisdiction thereof.
SEC. io. That any boat that shall land at the City of
Dubuque on an upward bound voyage, without having sub-
mitted to the inspection and examination of such health
officer as aforesaid, or that shall land at said city after having
been examined, without a certificate of said health officer that
there was not at the time of such examination any cholera or
symptoms thereof on board such boat, shall be fined in the
sum of two thousand dollars for every such offense, to be
collected by process of attachment.
SEc. 11. That any steamboat on a downward voyage on
such river, which shall land at the City of Dubuque, having
on board any case or cases of cholera, shall be fined for each
offense the like sum of two thousand dollars, to be collected
as provided in the tenth section hereof.
SEc. 12. That any ferry boat which shall land at said city
238 REVISED CITY ORDINANCES.
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 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 hav-
ing 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 LXVII.
AN ORDINANCE in relation to the duties of the Health
Physician of the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque.
SECTION I. That it is hereby made the duty of the
Health Physician of the City of Dubuque, upon the request
of the City Marshal, the Captain ofthe night police, or the
Market Master, to attend and treat professionally, all persons
in need of medical aid that are confined in the city prison or
calaboose; and also upon the request of any policeman of said
city, it shall be the Health Physician's duty to attend and
treat professionally any person in need of medical aid that
may be at the time under arrest, in the possession or under
control of said policeman.
Adopted April iq, 1889.
REVISED CITY ORDINANCES.
239
CHAPTER LXVIII.
AN ORDINANCE to guard against the running away of
horses or teams, and to provide for the hitching of the
same.
Sze. 1. Horses should be hitched. S c. 2. Horses running away, punished.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That it shall be unlawful for any person or
persons to allow a horse or horses with a carriage or other
vehicle attached thereto, to stand on Main street, unless the
same shall be attended by some person competent to prevent
the same from running away, unless the same shall be prop-
erly hitched.
SEc..2. That any person whose team or horse shall run
away, in consequence of a violation of this ordinance, shall
be liable to a fine of not more than fifty dollars, in the discre-
tion of the court, and to pay any person injured or aggrieved
by such runaway damagesn of exceeding one hundred dol-
lars, under this ordinance.
CHAPTER I,XIX.
AN ORDINANCE to provide for summoning Juries.
SEc 1. Summoning Juries. SEC. 2. Compensation of.
Be it Ordained by the City Council of Me City of Dubuque:
SECTION I. That if any person not specially exempt
from such service by law, shall neglect or refuse to serve upon
any jury, either for the assessment of damages occasioned by
the opening, altering, widening or annulling of any street,
alley, or highway, or in any suit or cause whatever, wherein
the City of Dubuque is a party, when summoned by the Mar-
shal or other officer legally authorized, without rendering a
II
240
REVISED CITY ORDINANCES
valid and sufficient excuse to said Marshal or other officer, at
the time of being so summoned, or shall fail to appear at the
time and place specified, he shall upon conviction thereof,
before any court having jurisdiction, be subject to a fine of
not less than five or more than twenty dollars, with costs.
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, shall receive, as a
compensation therefor, such sum as the City Council, upon a
return of the time of such service by the proper officer, shall
deem just and reasonable, and shall allow for the salve.
CHAPTER LXX.
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 i. That whenever it shall be the duty of the
City Council to make and execute any deed or release for the
conveyance of any real estate belonging to said city, such
deed or release shall be made in the name of the City of Du-
buque' as party of the first part, and shall be executed by the
Mayor of said city, or in his absence by the president pro tem.
in his official capacity, and the Recorder shall attest the same
by his signature and affix thereto the corporate seal of said
city, and such deed or release may thereupon be acknowl-
edged by the Mayor or president pro tem. executing the
same, which deed or release so acknowledged and executed
shall be valid and effectual to convey all rights and release
all claims thereby purporting to be conveyed or released.
SEC. 2. That all contracts made by any committee of
the City Council drily appointed, and by resolution of such
REVISED CITY ORDINANCES. 241
Council duly authorized to make such contracts, shall, when
signed by such committee or a majority thereof, be valid
against the city: Provided, That the contract be first pre-
sented to said Council and by them approved.
CHAPTER LXXI.
AN 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 i. That any person owning or harboring any
dog or bitch shall procure a license therefor, which shall be
issued by the City Recorder, for the term of one year, on pre-
sentation of the Treasurer's receipt for the sum of two dollars
for each dog and five dollars for each bitch owned or har-
bored by the person making application for such license.
Any person who shall allow any dog or bitch habitually to
remain, and be lodged or fed within his or her house, barn,
store or enclosure, shall be considered as harboring the same
within the meaning of this ordinance.
SEC. 2. If any person shall refuse or neglect to obtain
a license as provided in the preceding section, any dog or
bitch, owned or harbored by such person, shall be considered
a public nuisance, and it shall be lawful for any person to
kill the same. And it shall be the duty of the City Marshal
forthwith to cause such dog or bitch to be killed, and any
person who shall hinder or resist the Marshal, or any person
under his direction, in the duties hereby imposed upon him,
shall forfeit and pay, upon conviction thereof, a fine of not
less than five dollars, or be imprisoned not exceeding thirty
days.
x6
242 REVISED CITY ORDINANCES.
SEC. 3. Any dog or bitch found running at large at any
time, without a collar or other distinguishing mark by which
the owner may be known, shall be deemed a nuisance and
subject to the provisions of Section two (2) of this ordinance
for unlicensed dogs.
CHAPTER LXXII.
AN ORDINANCE to restrain Cows, Horses, and other Ani-
mals from running at large.
SEC. 1. Where ordinance in force. SEC. 3. Marshal entitled to fees for
2. Animals sold at auction. keeping.
4. Marshal to enforce ordinance,&c.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That on and after July ist, 1886, all horses,
mules, asses, cattle, swine, goats, sheep, and geese, are pro-
hibited from running at large in any street, alley, public
square, or landing, or unenclosed place within the city limits.
It shall be the duty of the City Marshal to procure or establish
a pound at some convenient place in the city, and to there de-
tain and secure all such animals or fowls which shall be found
so running at large; and any person who shall in any manner
obstruct or resist the Marshal or those assisting him in the
enforcement of the ordinance, or who shall break, injure, or
open such pound, or attempt to release any animal or fowl
confined therein, shall, on conviction, be fined in a sum not
less than five nor more than fifty dollars. Provided, That
the foregoing provisions of this section shall not apply to the
following portions of the city, to -wit:
All of the territory lying east of the tracks of the Chica-
go, Milwaukee and St. Paul railway north of Eleventh street;
all of section fourteen (I4), and the west half of section twen-
ty three (23), town 89, range two (2) east; all territory west of
the west line of Grandview avenue extended due north to
to the south line of section twenty three (23); also, all south
of Southern avenue.
REVISED CITY ORDINANCES. 243
Provided, further, That all animals specified in the first
section hereof are prohibited from running at large in any of
the above described parts of the city during the night time
from seven (7) o'clock P. M. to seven (7) o'clock A. M.; and
any animal therein specified found running at large between
the hours above named shall be distrained, secured and de-
tained in the manner provided in said section, and only re-
leased on the payment of the fees specified in section three (3)
of said ordinance.
SEC. 2. That all swine and geese taken up and confined
in said pound, and not redeemed by the owner thereof within
twenty-four hours thereafter, shall be sold at public auction
to the highest bidder for cash, public notice of said sale hav-
ing been first given by written notice thereof and posted at
the front door of the City Hall, and in two other places with-
in the city for two days before said sale, and all other ani-
mals herein prohibited from running at large and taken up
and confined in said pound, if not redeemed within five days
after such taking up, shall be sold at public auction to the
highest bidder, public notice of the time and place of said
sale being first given by publishing the same for five (5) con-
secutive days, with proper descriptions of such animals, in
the official paper of the city. The proceeds of such sale shall
be paid into the City Treasury, after deducting therefrom the
costs of keeping and sale. If the owner or owners of any
animal imppunded shall, before sale, prove ownership and
pay charges of taking, keeping and advertising, the animals
shall be released; if such ownership shall be proved within
one month after sale, the Marshal shall certify to the Record-
er the amount received for such animal or animals and paid
into the Treasury, and on presentation of such certificate the
Recorder shall draw an order on the Treasury for the amount
in favor of such owner.
SEc. 3. The City Marshal shall be entitled to demand
r
244 REVISED CITY ORDINANCES
fees for animals impounded, as follows: For each pig or hog,
25 cents; for each goose, to cents; for each other anitnal here-
in named, $I; for posting notices for sale, 25 cents; and for,
cost of keeping, as follows: Per day for pig or hog, Io cents;
per day for each goose, 5 cents; per day for each other animal
herein named, 5o cents.
SEc. 4. The City Marshal is expressly charged with,
and shall be held responsible for, the enforcement of this ordi-
nance. He shall have control and direction of the person
acting as poundmaster, and whenever in his discretion neces-
sary he may discharge him and appoint another in his place.
He may also, if necessary to the proper enforcement of the
provisions of this ordinance, temporarily employ one or more
additional persons to aid him in the discharge of the duties
hereby imposed on him. Such person or persons shall be
over twenty-one years of age, end of good character and
habits. The Poundmaster and other assistants hereby author-
ized to be employed by the Marshal, shall, while in the dis-
charge of their duties under this ordinance, have the power
and authority of a policeman of the city, and may arrest with
or without warrant any person who may obstruct, resist, or
in any manner interfere with them in the discharge of their
duties. The Marshal may at any time detail one or more
of the regular police to assist him in the enforcement of this
ordinance.
Adopted June 7th, A. D. 1886. •
Section 1, amended August 19, 1892.
REVISED CITY ORDINANCES. 245
CHAPTER LXXIII.
AN ORDINANCE authorizing S. Chamberlain and others
to construct, maintain and operate water works,and sup-
ply water to the city and citizens of Dubuque; defining
their powers and privileges, and prescribing their duties.
SEC. 1. Water company.
2. Repair the streets.
3. Supply the city.
4. May take the water from level.
5. To extend as city require.
SEC. 6. Reservoir.
7. When city may purchase.
8. Works exempt.
9. Whea to take effect.
10. Interfering with property, pun-
ished.
Be it Ordained by the City Council of the City of Dubuque:
SEcTIoN I. That S. Chamberlain, J. W. Parker, H.W.
Clark, N. W. Kimball, and R. J. Gibbs, their successors, as-
sociates and assigns, as individuals or as a body corporate,
under such name as they may hereafter adopt, be and are
hereby authorized to construct, maintain and operate water
works in the City of Dubuque, with proper structures, ma-
chinery, reservoirs, embankments, aqueducts, pipes and con-
duits to supply the said city and its citizens with pure and
wholesome water; to acquire and hold, as by law authorized,
any real estate, easements and water rights, either within or
without the city, necessary to that end and purpose, and to
use streets, alleys, avenues and public grounds of the city,
as it is now or may hereafter be laid out and enlarged, ex-
clusively for the term of fifty years from this date of the or-
dinance, for the purpose of laying therein pipes and conduits
necessary to carry water throughout the city: Provided, That
such pipes and conduits shall be placed below the surface,
and so laid as not to interfere with or abridge the rights or
privileges of the Key City Gas Company, or the Dubuque
Street Railway Company, or to interfere with the present or
future drainage of said city, and they may establish rules and
regulations for and concerning the use of the water from their
works, and for and concerning the conduct of such persons as
246 REVISED CITY ORDINANCES.
may use the water, so far as respects its preservation and use,
and restraining the waste thereof, (subject to review and ap-
proval of the City Council.)
SEC. 2. That before commencing work upon any part
of any street, alley, avenue, or any public grounds, they shall
give the Street Commissioner of the city at least three days
notice thereof, and during the progress of the work shall not
unnecessarily obstruct any street, alley, avenue or public
grounds, and shall complete each part of the work therein as
soon as practicable, and restore the same to as good and like
condition as before the work was commenced; and upon a
failure so to do, or should the same subsequently become out
of good condition because of imperfect repairs, then and in
that case the city may cause the proper repairs to be made,
and may retain the costs thereof out of any moneys then due
or afterwards becoming due to said parties,'and they shall be
liable for any injury to persons or property caused by the
negligence, mismanagement or fault of themselves or any of
their employes; and should the city be sued therefor, they or
some managing agent in their employ shall be notified of
such suit, and thereupon it shall be their duty to defend or
settle the same, and should judgment go against the city in
any such suit the city shall recover the amount thereof, with
all costs, from the said parties, and the, record of the judg-
ment against the city shall be conclusive evidence in the
cause to entitle the city to recover against them.
SEc. 3. They shall supply to the city upon the several
streets and avenues in which pipes and conduits may be laid
at such points as may be designated by the City Council, such
quantity of water as may be required by the city for fire
purposes, and to that end they shall at their own cost and
expense erect and attach as many hydrants and fire plugs (not
less . than seventy-five in number) as the City Council may
direct, and shall keep and maintain the same in good repair,
REVISED CITY ORDINANCES. 247
and protect them in winter so as to keep them from freezing,
each hydrant being so constructed that two distinct attach-
ments of hose can be made to it at the same time, the city to
pay for the use of the water from said hydrants as follows
For the -first too, $75 each, per annum; for all over roo and
less than zoo, $5o per annum. When zoo are in use the
charge shall be $6o each, per annum for all, which shall con-
tinue to be the charge until 30o shall be in use, when the
charge shall be $5o each per annum for all then in use. Said
parties shall furnish free of charge such quantity of water as
said city may require for fountains of both Jackson and Wash-
ington squares in said city, whenever said city shall erect
such fountains, and pay them for the cost of the additional
pipe required to conduct the water to the same; and they
shall furnish to the citizens of the city upon the several streets
and avenues in which pipes and water courses may. be laid,
and in such localities off the same as the citizens may conduct
the water to, such quantity of pure and wholesome water as
they may desire, and may charge and collect for the same
any price or sum that may be agreed upon, which shall not
be more than the price set forth in the following schedule :
Banks, per annum . $io to $15
Bakeries, per annum zo to 15
Barber Shops per annum, one chair 8
Barber Shops per annum, each additional chair . . 3
Bath houses per annum, per tub . . . $io to 15
Blacksmiths, each fire, per annum 3
Building purposes, per one thousand brick
Building purposes, stone per perch.
Plastering, per one hundred yards
Breweries, Distilleries, Foundries, &c.: Daily less than
one thousand gallons, per one hundred gallons .
Daily from one thousand to five thousand gallons,
per one hundred gallons 04
00
00
00
00
00
00
IO
I0
40
O5
248 REVISED CITY ORDINANCES
Daily over five thousand and under ten thousand,
per one hundred gallons
Daily over ten thousand, per one hundred gallons. . 02
Hotels and boarding houses : }or each sleeping
room $1 to I 50
Dwelling houses, not exceeding six rooms, per annum 8 00
Dwelling houses, each additional room, per annum . 1 00
Offices, each, per annum • • • 5 00
Printing offices, engine extra $io to 20, 00
Saloons, groceries and eating houses 15 to 20 00
Stables, livery, per stall up to six, per annum 3 00
Stables, livery, each additional stall, per annum 2 50
Stables, private, per stall 3 00
Steam engine, per horse power [or as assessed] . . $3 to 5 00
Stores, dry goods, hardware, boots and shoes, books,
etc., twenty feet front 8 oo
Dry goods, hardware, boots and shoes, etc., twenty to
thirty feet front 10 00
Sprinkling lot, up to fifty feet front, per tap . . 2 to 5 00
Sprinkling lot from fifty to one hundred feet front,
per tap 4 to 6 oo
I ountains, private 5 to 25 00
SEC. 4. That said parties may take the water for the
supply of the city and its inhabitants from the mouth of the
level situate in Bachelor Hollow, or on Mineral lot No. 203,
in Dubuque County, Iowa, and shall commence the construc-
tion of the works herein provided for within six months from
the passage of this ordinance, and shall, within one year and
six months from the time the same is ommenced, have at
least six miles of water pipe laid down and connected with
said level and in operation; and at the expiration of two
years and six months, at least ten miles of pipe so laid and
connected, and in full operation; and should they, because
of any want of care or diligence on their part, fail either in
the commencement or prosecution of the work as in this sec-
03
REVISED CITY ORDINANCES 249
tion provided, or having laid down the pipes as above re-
quired, shall in like manner fail to furnish to the city and its
citizens pure and wholesome water in such quantity as they
may desire and at the rates in this ordinance provided for,
then and in either case the rights and privileges herein
granted shall be forfeited, and shall revert to the city; and
should the city or citizens at any time, through the wilful-
ness and carelessness of said parties, their successors or as-
signs, be deprived of the necessary water for thirty-six conse-
cutive hours, the said parties shall be liable to a forfeiture of
their rights under this charter, or at the election of the city
they shall forfeit all claim for payment for stipulated price for
all hydrants supplying water to the city for the period of one
year. Provided, That whether a substantial breach of any of
the provisions of this ordinance shall have been 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 4 provided, said parties shall extend
the same along any street, alley or avenue in the city, when-
ever 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 aver-
age of one hydrant for every one thousand feet of pipe, so ex-
tended, to be attached for the use of the city, and to be paid
for by it as before in this ordinance provided, and said city or
its citizens also guarantee to such parties the use of such
quantity of water along the line of such street, avenue or
alley, as at the rates above stipulated will produce a 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.
250 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 251
SEC. 6. That said parties shall so construct their reservoir
at the mouth of the level, that the drainage of the neighbor-
ing ravines will, of flow into the same; and if at any time
during the continuance of this charter, the water of said level
shall he unwholesome, or the quantity thereof insufficient to
supply the demands 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 fail to fur-
nish the quantity of water sufficient to supply the demands of
the city and its citizens, or fail to comply with every require-
ment of this ordinance, then the Council may, by resolution,
forfeit the rights hereby granted.
SEC. 7. That at any time after twenty years, upon giving
six months' notice, the city shall have the right to purchase
from said parties all the buildings, machinery, pipes, and
other property, with all their rights and privileges (but not
including any franchise herein granted, or that may be here-
after granted to said parties, which shall not be included in
the estimated value, but in the purchase shall revert to the
city), at such price as may be agreed upon by the City Coun-
cil and said parties. In case of a disagreement, the price
shall be ascertained by five disinterested persons, non-resi-
dents of the city, two of whom shall be chosen by the City
Council, and two by said parties, and the fifth by the four
thus chosen. Said ascertained price shall be subject to the
acceptance or rejection of the City Council, and said parties
shall not be allowed to sell to any person, company, or corpo-
ration, without first giving the City Council the refusal to
purchase at the same rates offered by others; Irovided, That
no purchase shall be made by the City Council until the
terms agreed upon or settled by arbitration as aforesaid shall
be ratified by a majority of the legal voters of the city at a
special election to be held for that purpose.
SEC. 8. That the works and property connected there-
with, erected in pursuance of the privilege herein granted,
shall be exempt from city taxation until the year 1873.
SEC. g. This ordinance shall be in force from and after
its publication in the Daily Times and National Demokrat,
newspapers published in the City of Dubuque ; Provided,
That the privileges herein granted shall not inure to the
parties aforementioned, their successors or assigns, unless
within thirty days from the passage hereof, notice of the
acceptance of the grant made by this ordinance is filed with
the Mayor of the city. When such notice is filed it shall be
the duty of the Mayor to make a proclamation of such accept-
ance, which shall be regarded as the consummation of a con-
tract with said parties under the terms of this ordinance for a
supply of water to the city and its citizens, under the terms
and conditions herein provided,
Passed December 5, 187o.
SEC. Io. That it shall be unlawful for any person, except
such as the city may designate, to interfere with the valves,
caps, hydrants, or other apparatus of the Dubuque Water
Company ; and that any person convicted of a violation of
this ordinance shall be fined in a sum 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 16th
day of December, 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
252 REVISED CITY ORDINANCES.
authorizing S. Chamberlain and others to construct, maintain
and operate water works, and supply water to the citizens of
Dubuque; defining their powers and prescribing their duties,"
passed by the Council on the 5th day of December, A. D.
187o ; Therefore, in pursuance of Section 9 of said ordinance,
I do hereby give public notice of such acceptance, and of the
closing of the contract between the city and said parties con-
templated by said ordinance.
In testimony whereof I hereto set my hand and cause the
seal of said city to be hereto affixed, this r6th day of Decem-
ber, A. D. 1870.
W. J. KNIGHT, MAYOR,
Attest:
[SEAT,.] C. G. HARGUS, RECORDER.
The following resolution was adopted by the City Coun-
cil of the City of Dubuque, Iowa, December 13th, 1892.
WHEREAS, By the terms and conditions of an ordinance
adopted December 5th, 1870, entitled " An ordinance author-
izing 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," it was stipulated and provided that at
any time after twenty years, upon giving six month's notice,
the City of Dubuque should have the right to purchase from
said S. Chamberlain and others all the buildings, machinery,
pipes and other property, with all their rights and privileges
(but not including any franchise therein granted to said par-
ties, which were not to be included in the estimated value,
but, in the purchase, should revert to the City of Dubuque),
at such price as might be agreed upon by the City Council
and said parties; and in case of a disagreement, the price
should be ascertained by five disinterested persons, non-resi-
dents of the city, two of whom should be chosen by the City
REVISED CITY ORDINANCES. 253
Council of said city, and two by said S. Chamberlain and
others; and the fifth by the four thus chosen; which ordinance,
including the foregoing provisions, which are contained in
Section seven (7) thereof, was duly accepted by the said S.
Chamberlain and associates, December r6th, 187o; and
WHEREAS, More than twenty years have elapsed since
the acceptance and taking effect of said ordinance, and the
City of Dubuque now desires and proposes to purchase from
said S. Chamberlain and others, their associates, successors,
assigns, or legal representatives, under the terms, conditions,
and reservations of said Section 7, all the buildings, machin-
ery, pipes and other property, constructed and operated by
said parties under the provisions of said ordinance as a water
works plant, in said city, with all their rights and privileges,
but not including the franchise granted in said ordinance ;
therefore, be it
Resolved, By the City Council of the City of Dubuque,
that the Mayor be and is hereby instructed to give to said S.
Chamberlain and others, their associates, successors, assigns,
or legal representatives, the six month's notice provided for in
Section 7 of the aforesaid ordinance that the City of Dubuque
desires and proposes to avail itself of the right of purchase
reserved and stipulated in said ordinance, and that after the
expiration of six tnonths from the date of the service of such
notice, the City of Dubuque will purchase the property here-
inbefore specified at such price as may be agreed upon by the
City Council and said parties ; or, in case of disagreement,
at such price as shall be ascertained by arbitration in the
manner pointed out in said ordinance ; Provided, That the
terms of purchase agreed upon, or settled by arbitration, shall
be ratified by a majority of the legal voters of the city at a
special election to be held for that purpose.
254
REVISED CITY ORDINANCES.
CHAPTER LXXIV.
AN ORDINANCE to establish and dedicate a Public Square.
SEC. 3. Tinder care of Marshal.
SEC. 1. Boundaries of Square. 4, Injuring property, punished.
2. A public resort.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That all that certain tract or parcel of
ground in the City of Dubuque, bounded as follows, to -wit :
On the east by Iowa street, on the south by Fifteenth street,
on the west by Main street, and
plat of the town of Dubuque by
as shown upon the official p
the United States, be, and the same is hereby reserved, dedi-
cated and established as a public square, to be known as
Jackson Square, for the use and benefit of the said City of
Dubuque and inhabitants thereof forever.
SEC. 2. That the said square shall be reserved and
appropriated solely as a place of public resort and recreation.
SEC. 3. That all public squares shall be under the special
care of the City Marshal, whose duty it shall be to see that
the same are properly protected from injury, and to carry out
and execute the orders arid 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 remain therein, or 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 sum not less than two dollars nor
more than twenty dollars for each and every offense.
f
REVISED CITY ORDINANCES.
CHAPTER LXXV.
255
AN ORDINANCE to provide for the designation of certain
public ground in the City of Dubuque as Grant Park.
Be it Ordained by the City Council of the City of Dubuque
SECTION I. That the public ground situated immedi-
ately north of Fifteenth Street, and between Locust and Bluff
Streets, in the City of Dubuque, is hereby named and shall
be hereafter known and designated as Grant Park."
Adopted August 3, 1885.
CHAPTER LXXVI.
AN ORDINANCE to provide for the protection of Harbor
Improvement and all Bridges in the city.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That if any person shall ride or drive any
horse, mule, or any animals whatever, across the bridges
erected on Seventh Street or other bridges in the city, at a
faster gait than a walk, he shall be fined in any sum not less
than one dollar or more than five dollars for each and every.
offense, to be recovered before any court having jurisdiction,
with costs.
256
REVISED CITY ORDINANCES
CHAPTER LXXVII.
AN ORDINANCE regulating prosecutions under and pro-
viding for the enforcement of the Ordinances of the City
of Dubuque.
SEC. 1.
2.
3.
4.
5.
6.
8.
Prosecutions.
Who commenced by.
To be in a summary manner.
Punishment.
Marshal to attend Court.
Court to repert.
Fees.
Reports to Auditor.
SEC. 9. Auditor to examine.
10. Court to enter judgment.
11. Mayor may remit fines.
12. City Prison.
13. Mayor to make rules.
14. Credit $1 50 per day on lines.
15. Insulting Prisoners.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That all prosecutions for violations of any
city ordinance shall be had before any court having jurisdic-
tion in the name of the State of Iowa, for the use of the City
of Dubuque, and all moneys collected thereby shall be paid
into the treasury in the manner hereinafter stated.
SEC. 2. That all prosecutions for the violation of any
ordinance, when not otherwise provided, shall be commenced
by the City Attorney or the City Marshal, but no information
shall be filed by the direction of the Marshal in any case in
which the City Attorney shall advise against a prosecution
under the ordinance; and the management and the disposition
of all prosecutions or cases commenced, shall be under the
control of the City Attorney. Whenever judgment is ren-
dered in favor of the city, and such judgment is fully satis-
fied, the City Attorney shall be authorized to enter satisfaction
on the docket of the court.
SEC. 3. In all prosecutions for the violation of any city
ordinance, the trial shall be in a summary manner, but the
accused shall have the right to demand a trial by jury; and
when a jury is demanded the court before which the prose-
cution is had shall forthwith issue a venire. to the Marshal, or
REVISED CITY ORDINANCES.
257
other officer in attendance on such court, commanding him
to summon a jury for such trial, of six citizens free from bias
toward either party; and such jury shall be empannelled and
the trial conducted in the manner prescribed by law for other
criminal cases tried before such court.
SEC. 4. That any person who shall wilfully and malic-
iously offend against any provision of any ordinance for the
violation of which a penalty is not otherwise provided, shall
be subject to a fine of not less than one or more than one
hundred dollars for each offense, and the court before which
the conviction is had may in such case, and in all cases where
a fine is prescribed by ordinance, further adjudge that the
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 six-
teen years, that he be imprisoned at hard labor till such fine
and costs be paid, and in all cases where the penalty precribed
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 term of
imprisonment.
SEC. 5. That the City Marshal, or his deputy, shall be
in attendance on the court before which any prosecution may
be had for the violation of any City Ordinance, shall make
and preserve a full statement of the navies of all persons prose-
cuted, and the judgment of the court rendered in each case,
together with the names of the jurors who may serve, and of
the witnesses subpoenaed and in attendance, and the time of
service of each, and shall return such statement to the City
Auditor on the last Saturday of each month.
SEe. 6. The court before which any prosecution for the
violation of any City Ordinance may be had, shall, on the
last Saturday of each month, report to the City Auditor the
17
'258 REVISED CITY ORDINANCES.
names of all persons prosecuted before such court, for such
violation of the ordinances, the judgment rendered by the
court in each case, together with the names of the jurors who
may serve, the names of the witnesses subpoenaed and in
attendance, the officer making the arrest, and the officer .serv-
ing subpoenas, the time of service of each, and the pay to
which the court, and each of such persons are entitled accord-
ing to the fee bill set forth in the next section; all fines and
fees collected by said court shall be paid into the City Treas-
ury and the receipt of the Treasurer therefor annexed to said
report.
SEc. 7. That the following fees shall be allowed and
paid by the city to the court:
For each information filed,
Warrant issued, -
Day's trial (6 hours),
Judgment rendered,
Recognizance,
Mittimus,
Order of discharge,
Venire for injury,
Adjournment, -
JURY TRIAL.
For each juror in each case,
c(
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),
mittimus, -
attendance on court, - -
cc
$ 25
50
100
50
25
50
25
50
50
100
50
50
I o0
15
25
50
REVISED CITY ORDINANCES 259
Provided, That no officer of the city shall be entitled to
or receive any fees unless there be a fine imposed by the court
and such fine and the costs are paid in money by the person
fined.
SEc. 8. All reports of the court, and of the Marshal,
shall 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 mitti-
mus under which the same was paid. The Auditor shall
make and keep a complete record 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. Io. That immediately upon the conviction of any
person for the violation of any city ordinance, the court shall
enter up its judgment and tax the costs in the case ; and when
the prisoner is adjudged to pay a fine or costs he will then be
260 REVISED CITY ORDINANCES
entitled to pay such fine or costs into court, but if such fine
or costs be not then paid, or if the penalty imposed be other
than fine or costs, the court shall forthwith issue a mittimus
to the Marshal, stating therein substantially the judgment of
the court and the amount ol costs taxed, and thereafter all
fines or costs shall be paid to him, and he shall execute the
judgment of the court and make full return on each mittimus
of his doings thereunder, and file the same with the Auditor
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 addressed to the Marshal, and he shall return the
same to the Auditor attached to the mittimus under which
he held the prisoner.
SEc. 12. That the basement at the east end of the Cen-
tral Market House in said city, is hereby declared to be the
City Prison of the City of Dubuque, and shall be so known
and designated. Said prison shall be in the keeping of such
person as the Council may appoint, but under the control and
supervision of the City Marshal; and therein shall be confined
all persons committed thereto for violation of the laws of the
city, and all persons arrested by the police of the city charged
with 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 healhful condition; that
strict attention is paid to the personal cleanliness of all pris-
oners, as far as may be, and that each prisoner is furnished
daily with as much clean water as he shall have occasion for,
either for drink or for purpose of personal cleanliness, and
with such food in such quantity and at such times as may be
prescribed by ,the regulations . for the government of said
prison.
REVISED CITY ORDINANCES.
261
SEC. 13. The Mayor of the city shall make such rules
and regulations as he may think proper for the government
and management of said prison; and shall from time to time
prescribe the kind of labor at which, and the place where,
within the city, prisoners sentenced to labor shall be em-
ployed. The Marshal, or other persons appointed by him,
shall superintend the performance of the labor prescribed,
and shall furnish at the expense of the city such tools and
.materials as may be necessary for the doing of the work pre-
scribed, and may use such means as are necessary to prevent
escape ; and if such prisoner attempt to escape, or refuse to
labor, he may use the means authorized by Section 5134 of
the revision of 186o, of the laws of Iowa'; but he shall not
compel any prisoner to labor more than eight hours in any
one day.
SEc. 14. Every person committed to said prison for the
non-payment of costs, or fine and costs, shall be credited on
such fine or costs the sum of one dollar and fifty cents for
each day's imprisonment ; but when sentenced to such prison
at hard labor for the non-payment of such fine or costs, and
he refuse to perform the labor required of him, he shall not
be entitled to such credit ; and when a prisoner is sentenced
to hard labor for a definite time and refuses to perform the
labor required of him, the time during which he refuses to
labor shall not be considered as any part of the time for
which such prisoner was sentenced.
SEc. 15. It shall be the duty of the officer having a
prisoner in charge to preserve him from insult and annoyance
and communication with others while at labor and going to
and returning from the same, and may use such means as are
necessary and proper therefor ; and any person persisting in
insulting, annoying or communicating witli such prisoner,
after being commanded by such officer to desist, shall be pun-
262 REVISED CITY ORDINANCES
ished by a fine not exceeding ten dollars, or by imprisonment
not exceeding three days.
CHAPTER LXXVIII.
AN ORDINANCE to provide for the registration of births,
deaths, burials, and contagious diseases.
SEC. 5. Transportation.
6. Contagious diseases.
7. Recorder to report.
8. Violation punished.
SEC. 1. Births reported.
2. Deaths reported.
3. Permit.
4. Sexton.
Be it Ordained by the City Council of the City of Dubuque :
SEcTroN I. That every physician, midwife, nurse,
householder, or other person, within whose care any child
may be born within the jurisdiction of this city, shall report
the fact of said birth to the City Recorder, within ten days of
the occurrence of the same, in the manner and form pre-
scribed in blank No. I.
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 manner prescribed in blank No. 2.
SEC. 3. Every undertaker, or other person, furnishing
any coffin or receptacle for any corpse, within the jurisdiction
of this city, shall first obtain a permit from the City Recorder,
in the manner and form prescribed in blank No. 3.
No burial permit shall be issued by the Recorder until
after the proper death certificate shall have been deposited
with him; and before issuing a burial permit on a death cer-
tificate 'signed by any other than a physician, except certifi-
cates of death of the newly -born signed by midwives, and
those signed by the Coroner, said certificates shall be referred
REVISED CITY ORDINANCES.
263
to the Physician of the Board of Health, who shall, upon in-
vestigation, direct the Recorder in relation thereto.
SEC. 4. Every sexton, or custodian of a cemetery, before
receiving for burial any corpse, shall first receive from the
undertaker or other person bringing said corpse for burial, the
permit already issued to said undertaker or other person from
the City Recorder, and shall return the same to him properly
endorsed with his signature, within ten days, after the manner.
and form prescribed in blank No. 3.
Should the undertaker or other person in charge of a
corpse, by accident or mistake, have failed to procure the neces-
sary permit from the City Recorder, the sexton or custodian
of the cemetery may receive the body for interment : Provided,
Said sexton or custodian procures the permit required, and
return the same and report the facts in writing to the City
Recorder, within two days.
Sic. 5. Every Railroad, Steamboat, Perry, Transporta-
tion, or other Company, and every other person, before re-
moving beyond the jurisdiction of this city the corpse of any
person who may have died, or may have been buried within
the jurisdiction of this city, shall first obtain from the City
Recorder a permit, in the manner and form prescribed in
blank No. 3.
SEC. 6. Every physician, midwife, nurse, householder,
or other person, within whose care any case may occur of
cholera, chicken -pox, croup, diptheria, erysipelas, glanders,
hydrophobia, measles, puerperal, scarlet, spotted, typhoid, ty-
phus, or yellow fever, shall report the same, within twelve
hours of acquiring a knowledge thereof, to the City Recorder,
in the manner and form prescribed in blank No. 4; and upon
the recovery of such cases shall report said recovery to the
City Recorder, in the manner and form prescribed in blank
No. 5.
264 REVISED CITY ORDINANCES.
SEc. 7. That the said City Recorder shall, in the months
of March and September, report to the City Council a state-
ment of the number of births and deaths recorded during the
previous half year, and such other information and suggestions
in relation thereto as he may deem useful.
SEc. 8. That any person or persons convicted of a vio-
lation of this ordinance shall be fined in a sum not less than
five or more than one hundred dollars for each offense.
CHAPTER LXXIX.
AN ORDINANCE to license, tax and regulate transient mer-
chants.
SEC. 1. Transient merchants ' to be SEC. 5. Not to sell at auction.
licensed. 6. Mayor pro tem. to act in absence
2. Applications for license. of Mayor.
3. When amount of license refunded. 7. Inconsistent ordinances repealed.
4. License issued.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That no traveling or transient merchant,
or other temporary dealer in goods, wares or merchandize,
whether a resident of the City of Dubuque or elsewhere, shall
by himself, agent or servant, sell or offer for sale at retail in
any temporary place of business within the limits of the City
of Dubuque, without being authorized so to do by a license
to him issued by said city for that purpose, unless the goods,
wares or merchandise so offered for sale have been previously
assessed for taxation by said city. And every person whether
owner or agent of said goods, wares, or merchandise, who
shall sell or offer the same for sale in said city, without such
license being first procured from said city for that purpose,
shall upon conviction thereof, be fined the sum of not less
than five ($5.00) or more than one hundred ($ioo) dollars, in
the discretion of the court before which the conviction may
be had.
•
REVISED CITY ORDINANCES.
265
SEC. 2. Applications for such license shall be made in
writing to the Mayor of said city, stating the length of time
such license is required, and the location where it is proposed
to conduct the business, accompanied by a sworn inventory
or statement of the goods, wares or merchandise which the
applicant desires to sell, showing the different kinds thereof,
and the total number of each kind; and upon such application
being filed with him, said Mayor. shall appoint some com-
petent 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
shall authorize a license to be issued to such applicant, upon
his paying to the Treasurer of said city a sum of money equal
to ten per cent. of the value of such goods,wares or merchan-
dise thus determined. Provided, however, that at any time
within one year after the granting of the license herein men-
tioned, the Mayor of the City, shall, if he believes,
or has reason to believe that said transient merchant has ma-
terially increased his stock of goods, demand of said merchant
a sworn statement of the amount and value of the goods so
had or carried in stock by him; and said Mayor may there-
upon if he deems it advisable so to do, again appoint an ap-
praiser to value said stock and make return thereof in writing
in the manner heretofore provided in this section. The said
merchant shall furnish said sworn statement, when demanded
by the Mayor, and shall allow such stock of goods to be ex-
amined by such appraiser, as shall have been appointed by
the Mayor, at any time of day during business hours;
and if it should appear from said apprisement that
said stock of goods had been materially increased in
value since the prior appraisement then said merchant shall
be required to pay on said increase to the Treasurer of said
city a sum of money equal to ten (Io) per cent. of the value
of such goods, wares and merchandise.
SEc: 3. To every person:who may:procure suchilicense,
266 REVISED CITY ORDINANCES.
and for the period of one year next thereafter, shall continue
in said city a like business as that for which said license was
granted, shall be refunded the amount paid by him 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
Recorder, of a statement' showing the business to be carried
on by the applicant, the amount of such valuation in each
case, as herein provided for, and the time for which such busi-
ness is to be carried on.
SEc. 5. Nothing herein contained shall be so construed
as to authorize the holder of a license under this ordinance to
sell or offer for sale any goods at auction.
SEc. 6. In the absence of the Mayor, or when for any
cause he is unable to act, the Mayor Pro Tem. of the City
Council shall possess all the powers and perform all the duties
of the Mayor under the provisions of this ordinance.
SEc. 7. All ordinances and parts of ordinances incon-
sistent with the provisions of this ordinance, are hereby re-
pealed; and this ordinance shall take effect, and be in force
from and after its publication in the Dubuque Daily Tele-
graph, the official paper of the city.
Adopted April 15th, 1889.
REVISED CITY ORDINANCES. 267
CHAPTER ',XXX.
AN ORDINANCE changing names of streets, widths of side-
walks, vacating certain streets,. granting privileges, etc.
SEC. 1. Pearl street sidewalk. SEC.
2. Part of Walnut street changed to
Arlington street.
3 and 4. Granting privileges to W.W.
Woodworth.
5. Lorimier changed to Julien ave.
6. Vacating part of Tower street.
7. Width of sidewalk on Burch st.
8. Width of sidewalk on part of
Third street.
9. Width of sidewalk on Eagle Point
avenue.
10. Width of sidewalk on Windsor
avenue.
11. Part of Bell street vacated.
12. Width of sidewalk on Third street.
13. Rights of abutters on Third street.
14. Vacating part of Eagle Point road.
15 and 16. Vacating alley in block 8,
Dubuque Harbor Co's. addition.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That the sidewalks on the easterly side of
Pearl street, from the point where the north line of i2th
street, extending 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 northern terminus, be and are hereby established of the
width of eight feet.
Passed September 5th, 1872.
SEc. 2. That a certain street in said city which commences
at Grove street, running west to Prairie street, now and here-
tofore known and designated as Walnut street, shall hereafter
be known and designated as Arlington street, and its name
shall be and is changed accordingly.
Passed July 3rd, 1873.
SEc. 3. That Williatn W. Woodworth, his heirs and
assigns, are hereby authorized to build and perpetually main-
tain, an arch over the alley between Main and Iowa streets,
separating city lots five (5) and one hundred and ninety-six
(196), for a distance of sixty (6o) feet north from the north
line of Second street; the said arch not to be less than eleven
268
REVISED CITY ORDINANCES.
(11) feet in height from the grade of the alley to the under-
side of the crown of the arch.
SEc. q.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 (6o) feet, be and the
same is hereby vacated in favor of said Woodworth, his heirs
and assigns, for the purpose aforesaid. On condition that
said Woodworth construct said arch within sixty days from
the passage of this ordinance, and that he, his heirs or as-
signs, shall ever hereafter hold said city harmless from all
damages that may arise or be incurred by reason of the grant
of the privileges hereby made.
Passed August 7th, 1873.
SEc. 5. That a certain street in said city which com-
mences at Bluff street, and running west to the city limits,
now known and designated as Lorimier Avenue, by virtue of
the provisions of Chapter 58 of the revised ordinances of 1869,
shall hereafter be known and designated as Julien avenue,
and its name shall be, and is, changed accordingly.
Passed October znd, 1873.
SEC. 6. WHEREAS, It appears that Ingram, Kennedy
& Day are the owners of all lots in blocks one and eight of the
Dubuque Harbor Improvement Company's addition to Du-
buque that abut on that portion of Tower street lying between
said blocks one and eight aforesaid, and they have petitioned
the said City 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
•
REVISED CITY ORDINANCES.
269
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 March 5th, 1877.
SEc. 8. That the sidewalks on Third street, from Sum-
mit 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 Couler Creek to Windsor avenue, be established
ten feet wide.
Passed June 4th, 1877.
SEc. ro. That the sidewalks on Windsor avenue, from
Eagle Point avenue to south line of Stafford's addition, are
hereby established to the width of ten feet.
Passed November 5th, 1877.
SEc. 11. That so much of Bell street as lies between
blocks eight (8) and nine (9) of the Dubuque Harbor Improve-
ment Company's addition to Dubuque, Iowa, be and the same
is hereby declared vacated.
Passed September 2, 1878.
SEc. 12. That the sidewalk on the south side of Third
street, from Hill street to Alpine street, be and is hereby es-
tablished at the width of twenty feet.
SEc. 13. That the abutting property owners on said
south side of Third street are hereby authorized to use the
i
270
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 29th, 1879.
SEC. 14. That so much of Eagle Point road, so called,
as lies between Orange and Jackson streets, in the City of
Dubuque, be and is hereby vacated.
Sc.E15. That all of the alley in block eight, in the
Dubuque Harbor Company's Addition to Dubuque, from the
south line of Jones to the north side of Dodge streets in said
addition, be and the same is hereby vacated, and said alley is
hereby abandoned for all public purposes.
SEC. 16. That Section 7 of an ordinance to provide for
opening, altering, or annulling streets, alleys and highways
in the City of Dubuque, passed January 24th, 1861, is hereby
repealed as applicable to this ordinance.
REVISED CITY ORDINANCES.
CHAPTER LXXXI.
AN ORDINANCE to provide for Lighting the City of Du-
buque with Gas, and amendment thereto.
SEC. 1. Company.
2. Conditions.
3. Notice of Acceptance filed.
AMENDMENT OF APRIL 2, 1884.
SEC. 1. Rights continued.
2. Company bound to furnish gas
at price.
3. City may grant others right to
lay gas pipes.
SEC. 4. Extending time.
5. Fixing price.
SEC. 4.
5.
6,
Change of surface of street.
Keep excavation guarded
Other Ordinances.
Be it Ordained by the City Council of the City of Dubuque :
SEC. 1. That Benajah Barker and Harvey B. Spelman,
their successors, associates and assigns, as individuals, or as a
body corporate, under such name as they may hereafter adopt,
REVISED CITY ORDINANCES.
be and they are hereby authorized to use exclusively for the
term of twenty-four years from the date of this ordinance, the
streets, lanes, alleys and public grounds of said city, includ-
ing any territory that hereafter may be added to the same, for
the purpose of laying down in said streets, lanes, alleys and
public grounds, pipes for conveying gas, for supplying said
city and the inhabitants' thereof with gas light; Provided,
That said Barker and Spelman, their associates, successors
and assigns, shall give the Street Commissioner of said city
one day's notice previous to the opening of any street, lane,
alley or public ground, for the purposes aforesaid, and shall
not unnecessarily obstruct the passage of said streets, etc.,
and shall within a reasonable time repair such streets, etc., as
they may have opened, to the acceptance of the Street Com-
missioner or other proper officer. •
SEC. 2. That the privileges herein granted are upon the
express condition that said Barker and Spelman, their asso-
ciates, successors and assigns, shall by the first day of April,
A. D. 1855, commence within said city, and complete by the
first day of December, A. D. 1855, works and apparatus for
the manufacture of gas, from coal or any other materials of
which gas is now or may hereafter be made, and shall lay
down at least one mile of leading pipe, and continue therafter
to maintain their works, and extend their leading pipes
through such localities in said city as the Consumption of gas
may justify, and shall furnish gas for public and private use
in said city, at rates not exceeding the average prices at which
gas is furnished in other cities, adding difference in cost of
material and expense of manufacture (if any), but such rates
not to exceed for gas for public lamps, the sum of two dollars
and fifty cents ($2.50) per thousand cubic feet, and for gas for
private use not to exceed three dollars and fifty cents ($3.5o)
per thousand cubic feet. All lamps, meters and fittings to be
furnished at the expense of the city for public lamps: Pro-
272 REVISED CITY ORDINANCES
vided, That if said City Council shall at any period prior to
April ist, 1855, give said Barker and .Spelman, their asso-
ciates, successors or assigns, a written guarantee that they
will, within twelve months thereafter, furnish a consumption
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 Barker and
Spelman, their associates, successors or assigns, shall within
sixty days after the receipt of said guarantee commence and
withintwelve months thereafter complete said gas works and
lay down said one mile of leading pipe: Provided, That any
temporary failure on the part of said Barker and Spelman to
perform any of the conditions of this ordinance, when such
failure is occasioned by accidents or untoward events, shall
not work a forfeiture of the privileges hereby conferred, in
case the same shall be repaired within a reasonable time.
SEc. 3. That said Barker and Spelman, their, succes-
sors, associates or assigns shall file with the City Recorder a
`notice of their acceptance of this ordinance within ninety
days from and after its passage.
Passed September 13th, 1853.
SEC. 4. That the ordinances passed April i3th, 1853,
giving to Benajah Parker and Harvey B. Spelman, their suc-
cessors, associates 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 (to) years, to the successors and assigns of the grantees
in said ordinances named with the following modifications
and changes.
Suc. 5. That the price of gas furnished to the city for
lighting public lamps or for other public uses, also the price
REVISED CITY ORDINANCES. 273
of gas furnished to private consumers, shall be subject to the
control and regulation of the City Council of the City of Du-
buque, which price shall be fixed once in every year by said
Council.
SEc. 6. That all ordinances and parts of ordinances in
conflict herewith are hereby repealed.
Passed November 5th, 1877.
CHAPTER LXXXII.
AN ORDINANCE providing for the extension of the right
of the Key City Gas Company to lay its gas pipes in the
streets and alleys of the City of Dubuque for ten years,
commencing July ist, 1884, on certain conditions, and to
amend an ordinance entitled "An Ordinance to provide
for lighting the City of Dubuque with gas," which passed
September i3th, 1853, and amended and extended No-
vember 5th, 1877.
Be it Ordained by the City Council of the City of Dubuque
SECTION I. That the rights now held and enjoyed by
the Key City Gas Company, of laying its gas pipes in the
streets and alleys of the City of Dubuque, under and by virtue
of the provisions of an ordinance entitled "An Ordinance to
provide for lighting the City of Dubuque with gas," passed
Sept. 13th, 1853, and amended and extended Nov. 5th, 1877,
be and the same are hereby continued for the term of ten
years from the first day of July, 1884, upon the conditions
and restrictions hereinafter expressed.
SEc. 2. In consideration of said extension, the said Key
City Gas Company shall agree and bind itself, whenever re-
quired, to furnish gas for illuminating, cooking and heating
purposes to the City of Dubuque, and the inhabitants thereof,
is
F
$2 00
1.50
25.00
23.00
21 00
REVISED CITY ORDINANCES. 275
street, nor for the expense of lowering or relaying of said
pipes necessary in consequence of the change of the surface
of any street in the city.
SEc. 5. That said Key City Gas Company, shall, while
excavating or otherwise obsructing any street, alley or public
place in said city for the renewal, extension or repair of any
of its pipes, or for any other purpose, keep such excavation
or obstruction properly guarded and lighted to prevent acci-
dent or injury, and restore the same to as good condition as
before so obstructed or excavated; and upon the failure so to
do, or should said alley, street or public place become out of
repair, on account of such repairs made by said company
being imperfect and insufficient, then in that case the City of
Dubuque may make or complete the same and retain the ex-
pense thereby incurred out of any money due or becoming
due to said company; and in case any suit or action at law be
commenced against the City of Dubuque upon any claim for
damage arising out of any loss, injury or damage charged to
have been caused by any obstruction or excavation in any
street, alley or public place in said city, and which obstruc-
tion or excavation was made or left in upon said public place,
street or alley, by said company, its agents or employes, upon
being notified by said city of such action or proceeding, said
company shall appear and make proper defence thereto; and
if any judgment or decree shall in any such case be rendered
against the city therein, said company hereby agrees to as-
sume and pay such judgment or decree, with the costs
thereof.
SEc. 6. Any provision• of the ordinance entitled, "An
ordinance to provide for lighting the City of Dubuque with
gasi" passed September i3th, 1853, and amended and ex-
tended Nov. 5th, 1877, so far as the same may conflict with
any of the provisions of this ordinance, are hereby repealed.
Adopted 1884.
274 REVISED CITY ORDINANCES.
in all cases where the buildings or street lamps to be supplied
are situated on or contiguous to the line of the streets or
alleys in which the gas pipes of said company may be laid, or
hereafter extended, at prices not to exceed the following
rates :
First. For all gas used by the city, in the City Hall,
Dire Engine House, and other city buildings for
the five years commencing July ist, 1884, per
thousand cubic feet
For gas for five years, commencing July 1st, 1889
Second. For each street lamp per annum, including
cleaning, keeping in repair and furnishing burn-
ers as needed, until the number in use shall
reach 250
When the number shall reach 25o, and until it
shall reach 300
When the number shall reach 300, for the balance
of the ten years
Third. For gas for private consumers, for the first
five years, commencing July 1st, 1884, per thous-
and cubic feet 2 50
For gas for the five years commencing July ist,
1889, per thousand cubic feet 2 25
SEc. 3. Nothing in this ordinance shall be construed to
prohibit or prevent the City of Dubuque, at any time, from
granting to any other parties or corporation the right to lay
gas pipes in the streets and alleys of the city, nor to prevent
said city or the inhabitants thereof from obtaining gas for
illuminating or other purposes from such other parties or cor-
porations.
SEc. 4. Said city shall not be liable for any damage to
the pipes or other property of said company caused by any
change of grade, or the cutting down of the surface of any
•
276 REVISED CITY ORDINANCES
CHAPTER LXXXIII.
AN ORDINANCE providing for the extension of the right
of the Key City Gas Company to lay and maintain its gas
pipes in the streets and alleys of the City of Dubuque for
twenty years, commencing July 1, 1894, and to amend
the present ordinance relating thereto.
Be it Ordained by the City Council of the City of Dubuque :
SzcTloN 1. That the rights now held and enjoyed by
the Key City Gas Company of laying and maintaining its gas
pipes in the streets and alleys of the City of Dubuque, under
and by virtue of the provisions of an ordinance entitled "An
ordinance providing for the extension of the right of the Key
City Gas Company to lay its gas pipes in the streets and alleys
of the City of Dubuque for ten years, commencing July 1, 1884,
on certain conditions," and to amend an ordinance entitled
"An ordinance to provide for lighting the City of Dubuque
with gas, which passed Sept. 13, 1853, and amended and ex-
tended Nov. 5, 1877," be and the same are hereby continued
for the term of twenty years from the ist day of July, 1894.
SEc. 2. That the rights and privileges hereby extended
shall be subject to all the conditions and reservations con-
tained in the ordinance referred to in the preceding section,
and amendments therefor.
Adopted June 11th, 1892.
The Key City Gas Company accepts the aforesaid ordi-
nance, and further agrees that nothing herein contained shall
be construed to limit the power of the City Council to fix and
regulate the price to be charged for gas after July 1, 1894.
KEY CITY GAS COMPANY.
By GEo. McJ EAIV, Secretary.
REVISED CITY ORDINANCES.
CHAPTER I,XXXIV.
277
AN ORDINANCE authorizing the establishment and oper-
ation of the Eagle Point Ferry.
SEC. 1. Ferry established.
2. Keep boats to accommodate
travel.
SEC. 3. Use prudence.
4. Council make rules.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That free license, full authority and right
be and is hereby granted to John Ruegamer, John Trexler, J.
P. Schroeder, John Klien, Frank Schroeder, and George
Fengler, and their assigns, to establish, and for a period of
twenty-five (25) years from the passage of this ordinance lnain-
tain and operate a ferry, to beknown as the "Eagle Point
Ferry," from a point on the Mississippi near Eagle Point in
said city, where Division street in said city meets said river,
across said Mississippi river to the easterly shore of said river,
in the State of Wisconsin, under the provisions of this ordi-
nance.
Szc. 2. That within one year from the passage of this
ordinance said grantees and assigns shall procure and keep
at said ferry one or more boats of sufficient capacity to accom-
modate the public travel and business at all seasonable times,
continue to run said boat or boats across said Mississippi
river from the place where Division street in said city meets
said river, near Eagle Point, to the easterly shore of said
river in the State of Wisconsin, and on being paid therefor
as herein provided, receive and transport over said river all
persons desiring to cross, and all freight offered for transporta-
tion.
SEc. 3. That in keeping and running said ferry said
grantees and assigns shall use all proper care and prudence
to insure the safety and convenience of the traveling public.
278 REVISED CITY ORDINANCES.
Suc. 4. That the City Council of Dubuque shall have
the right to make such rules and regulations for said ferry as
it may think necessary, and fix from time to time the rates of
ferriage from the Iowa side, but shall not fix the rates lower
than the Dubuque and Dunleith ferry.
Passed August 13, 1883.
CHAPTER LXXXV.
AN ORDINANCE authorizing and regulating the Dubuque
Lumbermen and Manufacturers' Railroad in the City of
Dubuque.
SEC. 1. Right of way. SEC. 7. Council to make regulations.
2. One track. 8. May assign.
3. Other companies to use. 9. Completed in three months.
4. Compensation for use. 10. Company to notify city in sixty
5. City may remove rails. days.
6. Company to repair. 11. Not to prevent other companies.
Be it Ordained by the City Council of the City of Dubuque :
SECTION r. That permission, with the right of way, be
and is hereby granted unto the Dubuque Lumbermen and
Manufacturers' Railroad Company to construct and for the
space of fifteen year to maintain a railroad track on and along
the following streets and public places in this city, viz:
From an intersection to be made with the Dunleith &
Dubuque Bridge Company's track on Fourth street, thence
northerly along and up Jackson street as far as Eighth street,
and from said Fourth street along the old levee up to Wash-
ington street, thence up and along Washington street as far
as Tenth street; and said company is hereby empowered to
connect the track thus to be laid by it with the places of
business of such persons doing business along the line of the
same as may desire it.
SEc. 2. That only one track shall be laid on any one
street, and that such track shall be made of such material and
dei
REVISED CITY ORDINANCES. 279
in such manner as will accommodate other railroad companies
that may desire to pass over the same, and shall be laid on
the center line, and as near as may be to thepresent 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 be the duty of the company to so
grade the approaches to the track that the travel on the streets
or alleys near where it shall run, shall not be unnecessarily
inconvenienced or unreasonably annoyed; and that whenever
the city shall change the surface of the street to the present
or other grade, the company shall raise or lower their track
to suit such grade.
Szc. 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 prefer-
ence to any.
SEC. 4. That the said Dubuque Lumbermen and Man-
ufacturers' Railroad Company shall have the right to demand
and collect as compensation for the use of said railroad track
the sum of fifty cents for each and every car, run upon or off
their side track, for the purpose of being loaded or unloaded,
unless such car so run upon or off their said track is at the
time wholly unloaded ; but shall not at any time charge or
receive more than fifty cents without the consent and approval
of the City Council of the City of Dubuque; Provided, Always
that no charge shall be made for cars or locomotives run on
or over said track for the sole purpose of making up a train.
SEC. 5. The City of Dubuque reserves the right to take
up and remove the rails of said road whenever it shall be
necessary for repair or improvement of the streets, or for
laying water or gas pipes, or sewers, or for other public pur-
poses, on the streets on which said rails may be laid ; and
such repairs and improvements shall be made by the city
•
280 REVISED CITY ORDINANCES REVISED CITY ORDINANCES. 281
without unnecessary delay, and the track of said road shall
be taken up and relaid by the Dubuque Lumbermen and
Manufacturers' Railroad Company, at their said company's
expense.
SEc. 6. It shall be the duty of said railroad company to
repair any and all damage done to the streets, curbs, side-
walks, gutters, etc., by the construction and repair of their
track along and over the streets as herein provided for ; and
further, to protect the City of Dubuque against all claims for
damages arising from the construction or management of the
railroad provided for hereby.
Sue. 7. That the City Council shall have the right from
time to time to make reasonable regulations in reference to
the running of trains on said railroad, and the speed of the
same, and all other police regulations that may be necessary
and proper, and if said Dubuque Lumbermen and Manufact-
urers' Railroad Company shall, at any time, violate any ma-
terial provision contained in this ordinance, or any material
regulation made by said City Council, such violation shall
work a complete forfeiture of all the rights, privileges, and
powers hereby conferred upon said company.
SEc. 8. That the Dubuque Lumbermen and Manufac-
turers' Railroad Company be and is hereby authorized to
assign, transfer and set over unto any other person, cotnpany
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 he subject to the provisions of this ordinance
in the same manner as the Dubuque Lumbermen and Manu-
facturers' Railroad Company.
SEc. 9. That said railroad track herein authorized to be
constructed, shall be complete and ready for use within three
months after the adoption of this ordinance.
SEc. io. In case said Dubuque Lumbermen and Manu-
facturers' 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 con-
tained, shall have the force and effect of a contract between
said company and the City of Dubuque.
SEc. i I. This ordinance shall not be so construed as to
prevent the City Council of the City of Dubuque from grant-
ing to any other railroad company, whose road shall extend
and be operated beyond the limits of the city, the right to
build, maintain and operate railroad tracks on the same streets
where the tracks of the Dubuque Lumbermen and Manufact-
urers' Rai]roa'd Company are located; and in case any other
railroad company, whose road shall extend beyond the city
limits, shall desire to appropriate and use the railroad of said
Dubuque Lumbermen and Manufacturers' Railroad Com-
pany, for the purpose of a main track, they shall have the
right to do so upon paying to said Dubuque Lumbermen and
Manufacturers' Railroad Company, 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 connected with that portion of
said track so taken and appropriated.
Adopted July to, 1869,
282 REVISED CITY ORDINANCES.
CHAPTER I,XXXVI.
AN ORDINANCE authorizing and regulating Street Rail-
" ways in the City of Dubuque.
SEC. 1.
2.
3.
4.
5.
6.
Railway Company.
When to commence.
Streets.
Fare.
City may remove rails
Single or double track.
SEC. 7. Council to regulate.
6. Not to obstruct streets.
9. Must accommodate the public.
10. Must repair streets.
11. Other companies to cross track .
Be it Ordained by the City Council of the City of Dubuque:
SEcrIov 1. That the Dubuque Street Railway Com-
pany, their successors and assigns, be and are hereby granted
the exclusive right and privilege to construct, operate and
maintain over the streets of the City of Dubuque, street rail-
ways for carrying passengers 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 tnonths from this date, and shall have at least two
miles of track, including side tracks, completed and in opera-
tion within one year.
SEc. 3. The said company may construct, operate and
maintain tracks upon such street or streets as they may deem
expedient,• laying their track as near the center of the streets
as may be practicable, and shall keep the space between the
rails in repair, and shall keep the same in proper order as to
cleanliness.
SEC. 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 person from one extreme to another shall not exceed
ten cents.
REVISED CITY ORDINANCES 283
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 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 laid; and
such repairs and improvements shall be made by the city, and
without unnecessary delay; and the track of said road shall
be taken up and relaid by the Railway Company, at their
(said company's) cost and expense.
SEC. 6. Authority is hereby conferred to lay single or
double track, or both, on said streets of Dubuque, except that
but one track shall be laid upon Main street, together with
such turnouts, side tracks and switches as may be deemed
necessary by said Railway Company.
SEC. 7. The City Council hereby reserves the right to
make all necessary and usual police regulations concerning
the operation and management of said street roads during the
continuance of the rights and privileges hereby granted.
SEc. 8. 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 unnecessarily obstruct or impede the running of
cars 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.
SEC. 9. It shall be the duty of said railway company
to furnish and run a sufficient number of cars to accommodate
the traveling public. All cars shall carry signal lights after
dark. The rights and privileges hereby granted shall cease
and determine as to all streets and parts of streets not occupied
with tracks within five years from this date; and a failure to
284 REVISED CITY ORDINANCES.
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 hereby granted.
SEc. ro. It shall be the duty of said railway company to
repair any and all damage done to the streets,curbs,sidewalks,
gutters, etc., by the construction and repairing of the tracks
along the streets as herein provided for ; and further, to pro-
tect the City of Dubuque against all claims for damages
arising from the construction or management of the tracks
provided for herein.
SEc. Ir. Nothing herein contained shall be so construed
as to deprive the City of Dubuque of the right to authorize
[the] other railway companies from crossing the tracks laid
down under the authority of this ordinance.
Passed October 4, 1867.
CHAPTER LXXXVII.
AN ORDINANCE granting certain additional rights and
privileges to the Dubuque Street Railway Company.
SEC. 1. Additional rights. SEC. 6. Rights to cease in four years.
2. Gauge of tracks, etc. 7. Rights subject to other ordi-
3. Conditions. nances.
4. Duties of Company. 8. Extension of rights, when.
6. Company to improve streets be- 9. Acceptance.
tween rails.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That in addition to the rights and privileges
already granted and now possessed by the Dubuque Street
Railway Company under the provisions of an ordinance en-
titled "An Ordinance authorizing and regulating Street Rail-
ways in the City of Dubuque," adopted October 4, 1867, the
following additional rights and privileges are hereby granted
to said Street Railway, to -wit :
REVISED CITY ORDINANCES. 285
First. To change its present line of track on Main street
from the intersection of Jones street with Main street to the
intersection of Main and Thirteenth street, also on Clay street
from the intersection of Clay and Thirteenth street to the
intersection of Clay and Eighteenth street, also on Eighteenth
street from the intersection of Eighteenth and Couler avenue,
also on Couler avenue from the intersection of Eighteenth
and Couler avenue to Sanford street, from a single, to a
double track.
Second. To construct, maintain and operate, in connec-
tion with its lines already in operation, a line of single track
railway, with the necessary side tracks and turn -outs, com-
mencing at the intersection of Main and First, or Main and
Second streets, at the option of the Company, and running
thence east on First or Second street to Iowa street, thence
north on Iowa street to Third street, thence east on Third to
Clay street, thence north on Clay street to Thirteenth street ;
also commencing at the intersection of Main and Thirteenth
streets, thence northerly on Main street to Fifteenth street,
thence east on Fifteenth street to Clay street; also com-
mencing at the intersection of Couler Avenue and Nine-
teenth street, and running thence east on Nineteenth
street to Jackson street, thence north on Jackson street to Lake
street, thence easterly on Lake street to High street, thence
northeast on High street to Eagle Point, and it is hereby
provided, that ,in the event that Lake street shall hereafter
extend westerly to Couler Avenue, the line of said railway to
Eagle Point shall be so changed as to commence at the inter-
section of Couler Avenue and Lake street; thence east on
Lake street to High street, in line of the route on the por-
tions of Nineteenth and Jackson streets, as above specified;
it is further provided, that no cars shall be run on that portion
of Clay street, between Twelfth and Thirteenth streets, dur-
ing Market hours, without the consent of the Council.
286 REVISED CITY ORDINANCES.
SEC. 2. The gauge of the tracks of said Dubuque Street
Railway Company shall be and is hereby fixed at four feet
eight and one-half inches (q. ft. 8Iz in.) between the highest
portion of the rails; and in changing its railway on Main
street from a single to a double track, and in constructing the
additional lines of railway authorized in the preceding sec-
tion of this ordinance, said company shall make use only of
a "tram -rail," the width of which from outside to outside
shall not be less than five inches, and the height along the
wagon edge, and from the tram to the highest part of the rail
shall not be more than seven -eighths of an inch; a section of
the kind of rail proposed to be used, shall be first submitted
to the Council and approved by the Council. Said company
shall within two years from the passage of this ordinance,
replace the rails now in use on Thirteenth, Clay and
Eighteenth streets, and Couler avenue from Eighteenth street
to Sanford street, with rails of the kind above described ;
Provided, That in the construction of the line of railway
herein authorized from Couler avenue to Eagle Point, said
company may use rails taken from its line of railway now in
operation, and replaced by said new and approved rail.
SEc. 3. The privilege herein granted to said railway
company, of laying a double track on Main street, is upon
the further express condition that said company shall pay to
the City of Dubuque one-half the expense of lowering the
surface of Main street from First to Eighth street between the
curbstones, in such manner and to such an extent as the City
Council shall determine,and underestimates of the City Engi-
neer, whose report to the Council on the subject shall be final
and conclusive. The said one-half the expense of reducing
the surface of said streets ascertained shall be deemed a debt
against said street railway company, payable within thirty
days after the final report and estimate of the City Engineer to
the City Council, of the expense of said work. The provisions
REVISED CITY ORDINANCES. 287
of this section shall have no force unless the work of cutting
down the surface of Main street shall be commenced by the
City of Dubuque within one year from the date of the takiug
effect of this ordinance.
SEC. ¢. In the construction of the additional lines of
railway, provided for in the first section of this ordinance,and
in changing the line on Main street from a single to a double
track, the tracks shall be placed as near the center of the
streets as practicable, and shall conform as closely as possible
to the surface of the street, and shall be constructed and
maintained in such manner as not to obstruct or interfere
with the ordinary travel on said street. It shall be the duty
of the street railway company in constructing said additional
lines of railway and said double track, to remacadamize the
portion of said streets between the rails and between the
tracks, said work to be done under the supervision and to the
approval of the City Engineer; said company shall keep the
portion of the street between the rails, where a double track
is laid, in perfect repair and condition. The officer acting as
Street Commissioner of the City of Dubuque shall be judge of
the necessity for the repair at any time,of said portion of any
street, and shall have authority to make such repairs at the
expense of the railway company,whenever said company shall
neglect to make the same, after being notified by said Street
Commissioner to do so. Nothing in this section shall be con-
strued to operate to relieve said street railway company from
any responsibility for damages caused by the bad condition
of its tracks, or to render the City of Dubuque liable therefor.
SEc. 5. In the event the City of Dubuque shall at any
time change the mode of paving any street occupied by the
tracks of the Dubuque Street Railway Company,lfrom mac-
adamize to any other method of improvement, it shall be
the duty of the said railway company to improve the portions
of the streets between the rails and between the tracks, at its
288 REVISED CITY ORDINANCES.
own expense, so as to conform to the change made by the
city, and in case it shall refuse to do so, the City of Dubuque
may cause the same to be done at the expense of the railway
company ; Provided, The provisions of this section shall not
apply to any change in the mode of paving within ten years
from the taking effect of this ordinance.
SEc. 6. The rights and privileges hereby granted shall
cease:and determine as to all streets and parts of streets not
occupied with single or double tracks, as herein authorized,
within four years from the date of the passage hereof; Provided,
That in case said company shall be delayed by order or injunc-
tion of any court, or judge thereof, in the construction of any
portion of lines of railway, or double track thereof,the time of
such shall be given to said company for the completion of the
portion of the lines on any street or part of any street, over
and above the time designated in this section, for the con-
struction and putting in operation of the same.
The provision for additional time is on the express condi-
tion that in case any such injunction or order shall be issued
upon the application of any party other than the City of
Dubuque, said company shall immediately notify the Mayor
and City Attorney of such order or injunction, and thereupon
the Mayor or City Council may instruct the City Attorney to
resist such order or injunction and to obtain a dissolution of
the same or to assist the attorney of the railway company, and
in so doing 'said company shall pay all expenses that may •
accrue by reason of such suit or suits.
SEC. 7. The additional rights and privileges granted by
this ordinance shall be subject to all the conditions and pro-
visions contained in the ordinance referred to in the first sec-
tion hereof,and to which this ordinance is supplemental; and
nothing herein contained shall be construed to change, impair
or waive any of the provisions or requirements of said ordi-
REVISED CITY ORDINANCES. 289
nance, nor revive or extend any of the rights or privileges
therein granted and not now in force, except as herein ex-
pressly provided.
SEC. 8. That if at the expiration of its present charter
from the City of Dubuque, as amended by this ordinance, on
the first day of October, 1887, said Dubuque Street Railway
Company shall have constructed and put in operation within
the time limited in the sixth section of this ordinance, all
the additional lines of street railway provided for in the first
section of this ordinance, except from Johnson avenue to
Eagle Point, and shall have laid and put in operation the
double track on Main street, in accordance with the provisions
hereof, and, Shall in all respects have complied with and
carried out in good faith all the provisions, conditions and
obligations of this ordinance and of the original ordinance
passed October 4th, 1867, then said company shall be entitled
to an extension of all rights and privileges now in force,
granted by said original ordinance and hereby amended for a
urther term of twenty (2o) years from the first (rst) day of
October, 1887.
SEC. 9. That said Dubuque Street Railway Company
shall be required within thirty days from the passage hereof,
to file with the Mayor an unconditional acceptance iu writ-
ing of the provisions of this ordinance; that on the filing of
said acceptance this ordinance shall be published in the of-
ficial papers of the city and shall take effect from and after
the date of its publication in the Dubuque Daily Herald. In
case said Street Railway Company fail to file said acceptance
within thirty days, then this ordinance shall cease to have
any further effect.
Adopted July 9th, 1883.
Received the letter of acceptance July firth, 1883.
J. W. HAI;PIN,
Recorder.
19
290
REVISED CITY ORDINANCES
CHAPTER I,XXXVIII.
AN ORDINANCE granting to the Dubuque Street Railway
Company the right to maintain and operate an Electric
Street Railway, over and upon certain streets and public
places in the City of Dubuque, Iowa, by amending the
ordinance heretofore passed in favor of said company, be-
ing the ordinance entitled, "An ordinance authorizing
and regulating Street Railways in the City of Dubuque;
and the ordinance entitled, "An ordinance granting cer-
tain additional rights and privileges to the Dubuque
Street Railway Company.
Be it Ordained by the City Council of the City of Dubuque:
That the ordinance entitled "An ordinance authorizing
and regulating Street Railways in the City of Dubuque," and
the ordinance entitled "An ordinance granting certain addi-
tional rights and privileges to the Dubuque Street Railway
Company," are hereby atnened so as to read as follows; and
not otherwise, viz :
SEC. 1. Streets occupied by railway.
2. Operated by electricity.
3. To erect necessary appliances.
4. Kind of cars to be used.
5. Rate of speed.
6. To conform to grade.
7. Track to be kept in repair.
. 8. Snow to be removed from street.
9. Kind of rails to be used.
10. Railway Company to pay cost of
paving.
11. Must conform to change of im-
provement.
12. Gutters to be covered.
SEC. 13. Time of running.
14. Right to use other poles.
15. To carry passengers only and fare
regulated.
16. Electrician to be appointed.
17. Railways may cross tracks.
18. Cars to have right of way.
19. When operation to commence.
20. Company to be liable for damages.
21. Rights granted for 25 years.
22. Police regulations.
23. Acceptance to be filed.
24. Forfeiture clause.
25. When to take effect.
Acceptance of ordinance.
SEcTioN 1. That permission and authority are hereby
granted to the Dubuque Street Railway Company, its succes-
sors and assigns, to maintain and operate its lines of street
railway already laid, and to construct, maintain and operate
in connection therewith, lines of single track street railway
REVISED CITY ORDINANCES. 291
with the necessary side tracks and turnouts as follows:
Commencing at the intersection of Main and First, or Main
and Second streets at the option of the company, and running
east on either First or Second streets (but not on both) to
Iowa street, then north on Iowa street to connect with the
tracks now laid at the intersection of Iowa and Third streets;
also commencing at or near Johnson avenue at the northerly
end of the track now laid on Rhomberg avenue, and running
northeasterly on Rhomberg avenue from said Johnson avenue
to Eagle Point. The tracks now laid on Jones street, Main
street, Thirteenth street, Fifteenth street, Clay street north of
Thirteenth street, Eighteenth street and Collier avenue, being
called the main line, and all other tracks being called
branches.
SEr. 9. That said railway shall be operated by
electricity, or any other new or modern improvement or in-
vention, that may be approved by the City Council, but no
steam or animal power shall be used after January ist, 1891,
except in an emergency, when animal power may be used
for such length of time as may be allowed or approved by the
Council.
SEc. 3. That said Dubuque Street RailwayCompany shall
have the right to erect such poles, wires, and other appliances
as may be required to operate said railway, but the construc-
tion of said railway and the erection or said poles, kind of
poles, wires and other appliances, and the location thereof,
shall be under the control of the City Engineer, City Elec-
trician, and the Committee on Streets, excepting that the
City Council shall designate and determine the kind of poles
which said company may erect on Main street ; Provided,
That the City of Dubuque hereby reserves the right when
ever in the future it may be deemed advisable, to direct said
company, if practicable and proper, to place its wires under
the surface of the streets.
292 - REVISED CITY ORDINANCES.
SEC. 4. The cars used shall be of the best modern style
and construction; they shall'be comfortably heated during the
winter months, and shall at all times be properly lighted and
ventilated.
SEc. 5. Cars may be run at a speed of from six to twelve
miles per hour, whenever such speed can be attained with
safety to the traveling public.
Sic. 6. The said railway shall be constructed on the
established grades of the streets or highways. The tracks,
poles and other structures shall be raised or lowered from.
time to time, without expense to the city, to correspond with
any changes that may be made in the grade of said streets.
Sic. 7. Said company and its assigns, shall keep the
space between the rails, and one foot upon each side thereof
in good repair whenever any street or part of street is now or
may be occupied by the tracks of said Dubuque Street Rail-
way Company or its assigns; and the tracks of said railway
shall not be elevated above the surface of the street, and all
rails now laid, and road hereafter constructed, shall be as near
as practicable in the center of the street, and all the rails and
railway of said company, shall be so maintained, constructed
and kept in repair, that carriages and vehicles can easily cross
the same at all points with the least possible obstruction and
inconvenience.
Sic. 8. Said Dubuque Street Railway Company, its
successors or assigns, shall remove all snow from that portion
or portions of the street or streets, occupied by its tracks and
roadway, and shall haul the same away to a place designated
by the Street Committee.
SEc. g. That such rails shall be used in the construc-
tion of said railway as may be approved or ordered by the
REVISED CITY ORDINANCES. 293
City Council, and that the standard guage of four feet eight
and one-half inches (4 feet 812 inches) shall be used.
SEC. ro. That whenever said company now occupies
any street, or shall hereafter construct its tracks upon any
street, that is now or may be macadamized, then it shall be
the duty of said company to pay the cost of macadamizing
and remacadamizing the space between the rails and one foot
upon each side thereof.
SEc. r r. That in the event the City of Dubuque shall
at any time change the mode of improving any street occu-
pied, or which may hereafter be occupied by the tracks of
said railway, from macadamizing to any other method of im-
provement; it shall be the duty of said company to improve
the portion of the street between the rails, and one foot of the
street on each side thereof at its own expense, so as to con-
form to the improvement ordered or made by the city. .
SEC. 12. That wherever any railway tracks which
may hereafter be laid, or where any of said company's tracks
now laid, excepting on Main street, pass over a gutter or de-
pression in the street, said Street Railway Company shall at
its own cost, cover said gutter or depression from curb to
curb in such manner, and with such material as may be
directed or approved by the City Council; and maintain the
same so as to admit of the free passage of water. The City
Council may direct said company to pass through certain
gutters on a concave surface. Upon failure of said company
to comply with the requirements of this section, the city may
cause said work to be done at the expense of said Street Rail-
way Company or assigns.
Sic. 13. The cars of said
ning not later than 6 o'clock A.
than 1o:3o o'clock P. I., and
railway shall commence run-
M., and shall cease not earlier
shall run during intervals of
294 REVISED CITY ORDINANCES.
not less than 15 minutes apart from each terminus of the
main line. And on all branches cars shall be operated at
intervals of not more than twenty (2o) minutes in each direc-
tion. All cars running after sunset shall be provided with
signal lights, in such colors as the Council may direct or ap-
prove. Provided, however, that on application of said com-
pany, the City Council may by resolution, permit said com-
pany to cease running its cars on the branch lines at an
earlier hour in the evening than 10:30 o'clock P. M., for any
time between November 1st and April ist following of each
year, but such permission shall not be given in any one year
for a longer period than five months.
SEc. 14. The said company shall have the right to use
any fire alarm or other poles now set or which may hereafter
be set, and owned and controlled by the city; and the city
shall have the right to use the poles of said Electric Railway
for the construction or maintenance of any telephone, tele-
graph, electric light or fire alarm system, or any public use,
in either case the service to be rendered without com-
pensation.
SEc. 15. All cars used on said lines of railway shall be
used for carrying passengers, and the rate of fare for each
passenger traveling from one extreme point of said railway
system to the other shall not exceed five cents, except when
to accomodate the public, cars are run after 10:3o P. M., in
which case ten cents may be charged for each person riding.
SEc. 16. Also that the City Council may at any time
hereafter appoint an Electrician at the expense of said com-
pany, or any other person operating any electric system of
electric motor lines or power plants, according to the number
of miles operated by them. The duty of said Electrician
shall be the proper inspection at least once a week of all
insulated wires, or electric wires and connections, and report
REVISED CITY ORDINANCES. 295
monthly to the Council. It shall also be his duty to report
all defects of wires or connections, or any other cause that
may be dangerous, immediately to the companies operating
said wires and connections, and if such defects be not at once
repaired by them, it shall be his duty to repair such defects,
or cause them to be repaired, at the expense of such Com-
pany.
SEc. 17. Nothing herein contained shall be so con-
strued as to deprive the City of Dubuque of the right to
authorize other railways to cross any of the tracks herein men-
tioned.
SEc. 18. In all cases where any team or vehicle shall
meet any car on any of said lines of railway, or either of
them, or shall be overtaken by any car thereon, such team or
vehicle shall give way to such car. No person shall willfully
or unnecessarily obstruct, hinder, delay or interfere with the
passage of any of the cars on either of said lines of railway or
tracks, by placing, or driving, or stopping, or cause to be
placed, driven or stopped any team, vehicle, or obstacle, or
thing, in, upon, along, 'across or near the track of either of
said lines of railway, after being notified by the conductor,
or person in charge of a car thereon, by the ringing of the
car bell or otherwise. All whoever shall violate any of the
provisions of this section shall, upon conviction thereof, be
punished by a fine of not more than one hundred ($ioo) dol-
lars, or less than five ($5) dollars.
SEC. 19. Said company shall construct all the street car
railroad by this ordinance authorized, and equip and operate
the same ; also all its lines and road now constructed, under
conditions and terms of this ordinance from and after the ist
day of July, A. D. 189o; Provided, however,that if said com-
pany shall be restrained from proceeding with the work of
constructing said railroad by order or injunction of any court,
296 REVISED CITY ORDINANCES REVISED CITY ORDINANCES. 297
or shall be hindered or delayed in the said work by reason of
any public improvement being carried on by the City of Du-
buque, or be otherwise delayed, hindered or obstructed in its
said construction, or in the exercise of the rights and
privileges to it herein granted, or permitted under this ordi-
nance, without fault on its part, the time which it shall so be
restrained, enjoined, hindered or delayed shall be excluded
from the time heretofore prescribed for the completion of the
said road, and shall be allowed to said company in addition
to the time above specified for its completion.
The City of Dubuque, however, shall have, and it hereby
reserves, the right to intervene in any suit or proceeding for
such injunction or restraining order, and to move for a
dissolution of the same in case it shall deem such suit or
proceeding collusive, or for the purpose of delay or to extend
the -time herein prescribed for the completion of said road.
SEC. zo. Said company and its grantees and assigns,
shall be liable to any person by reason of the construction and
maintenance of said electric railway and power plant.
Should any action be commenced or prosecuted against the
City of Dubuque, upon any such claim for damage, said com-
pany, or any officer or agent thereof, shall upon being notified
of such suit, defend the same; and should any judgment be
rendered against the city thereon, the amount of such judg-
ment with costs shall be recovered against said company in a
proper proceeding, and the record of the judgment against
the city shall be conclusive evidence to entitle the city to re-
cover against such company.
SEC. 21. That said Dubuque Street Railway Company
and its assigns shall be entitled to enjoy the rights and priv-
iliges hereby granted for the term of twenty-five years from
and after the passage and publication of this ordinance.
SEC. 22. The City of Dubuque reserves the right to
make all usual and reasonable police regulations concerning
the construction, operation and management of said street
railway.
SEc. 23. If said company desires to equip and operate
the lines of railway, heretofore constructed, under the condi-
tions, rights and burdens, and privileges hereby imposed and
granted to said company, and desires to construct lines on the
additional right of way and streets designated in Section z
hereof, and will accept the privileges of extending its lines on
Rhomberg avenue and other streets named under the condi-
tions of this ordinance, said Dubuque Street Railway Com-
pany shall file with the City Recorder by 2 o'clock P. M. of
Friday, April 25th, 189o, its acceptance hereof in writing,
duly signed by its president and secretary.
SEc. 24. That if said Company shall accept this amend-
ment, and. refuse to build, or construct, or equip, or operate
the main line, or the branches herein designated, in accord-
ance with the terms and conditions hereof, that said Company
thereby forfeits to the City of Dubuque all rights and priv-
ileges and franchise for street railway purposes in and to the
streets herein designated, on which extensions of lines are
authorized hereby, including Rhomberg avenue from John-
son avenue northeasterly to Eagle Point. And by its accept-
ance hereof agrees that its iron rails may be removed from
said street, or any part thereof, northeasterly from Johnson
avenue, aid the privileges of constructing and operating a
street railway line on the right of way herein designated may
be granted to any other person or company.
Sic. 25. This ordinance shall take effect from and after
the date of its publication in the official papers of the City
of Dubuque, but the same shall not be published until after
said company shall have filed its written acceptance of this
ordinance, which acceptance shall include an express assent
298 REVISED CITY ORDINANCES.
to this amendment of the ordinance mentioned in the title
hereof, nor shall the same be published unless the acceptance
is filed within the time designated in Section 23 hereof.
Adopted April 25, 189o.
Attest: ROBT. W. STEWART, Mayor.
J. C. FITZPATRICK, Recorder.
The Dubuque Street Railway Company hereby accepts
the amendment to its ordinances this day adopted, and ex-
pressly assents to the amendment, and accepts, and agrees to
be governed in all respects by each and singular the sections
and provisions thereof,with all the rights and privileges there-
by conferred,and assumes each and all the burdens and obliga-
tions imposed upon the said company.
Signed this 25th day of April, 189o..
DUBUQUE STREET RAILWAY COMPANY,
By J. A. RHom BERG, President.
BART E. LINEHAN, Sec. D. St. R'y.
Filed and approved at 2 P. M. this April 25th, 189o.
`RoBT. W, STEWART, Mayor.
Published in Telegraph May 15th, 189o.
REVISED CITY ORDINANCES 299
CHAPTER LXXXIX.
AN ORDINANCE to amend an Ordinance entitled "An
Ordinance granting to the Dubuque Street Railway Com-
pany the right to maintain and operate an Electric Street
Railway over and upon certain Streets and public places
in the City of Dubuque, Iowa," by amending the Ordi-
nance heretofore passed in favor of said Company, being
the Ordinance entitled "An Ordinance authorizing and
regulating Street Railways in the City of Dubuque," and
the Ordinance entitled "An Ordinance granting certain
additional rights and privileges to the Dubuque Street
Railway Cotnpany."
Be it Ordained by the City Council of the City of Dubuque :
SEC. 1. That the ordinance adopted on the twenty fifth
day of April, 189o, granting to the Dubuque Street Railway
Company the right to maintain and operate an electric street
railway over and upon certain streets and public places, in
the City of Dubuque, be and the same is hereby amended by
adding to the first section the following words, to wit: "And
also on Couler avenue from the Peru road to the northerly
limits of the City of Dubuque."
SEc. 2. That the additional right granted to the Du-
buque Street Railway Company in the foregoing section .of
operating its line of railway on Couler avenue, from the Peru
road to the northerly limits of the city, shall be subject to all
the requirements, conditions and reservations . contained in
the ordinance to which this ordinance is amendatory and
supplemental so far as applicable ; and the Dubuque Street
Railway Company especially agrees to operate its cars in con-
formity with all requirements so as to operate and run a car
between Peru Road and the main entrance to the Dubuque
Driving Park at least three times each day as follows One
300 REVISED CITY ORDINANCES.
car to leave said Dubuque Driving Park at 6:30 A M., daily ;
one car to leave said Dubuque Driving Park at i o'clock'P. M.,
daily; and one car to leave said Dubuque Driving Park at
7.15 P. M., daily.
The fare to said Dubuque Driving Park from any part of
the city on the line of the Dubuque Street Railway Cornpany
shall be five cents, and from said Dubuque Driving Park to
any part of the city on the line of the Dubuque Street Rail-
way shall be five cents ; and in case of non-compliance on the
part of the Dubuque Street Railway Company to operate its
cars to the above named place (the Dubuque Driving
Park) at least as often as above mentioned, then the City
Council may, by resolution, by a member of the City Council
at a regular or special session, revoke all rights and -privileges
granted by this ordinance, and the City Council may instruct
the City Marshal to remove the tracks of said Dubuque Street
Railway Company at the expense of said company between
the Peru Road and the northern limits of the city.
And the City of Dubuque further reserves the right to
designate and specify upon what portion of said avenue the
tracks of said railway shall be placed between the points
hereinbefore mentioned.
SEC. 3. Said street car track shall be completed and in
operation under the terms of this ordinance by the first day
of May, 1892.
SEc. 4. . That the Dubuque Street Railway Company
shall file with the City Recorder a written acceptance of this
ordinance within ten days after its passage and approval by
the Mayor; otherwise it shall become null and void. If this
ordinance shall be accepted by said Dubuque Street Railway
Company within the time herein specified, it shall thereupon,
be published in the official newspapers of the city, and shall.
REVISED CITY ORDINANCES. , 301
take effect and be in force from and after the date of its
publication in the Dubuque Daily Telegraph.
Adopted August 3rd, 1891.
Attest: J. C. F'ITZPATRICK, CHAS. J• W. SAUNDERS,
Recorder. Mayor.
Published August Gth, 1891.
CHAPTER XC.
AN ORDINANCE authorizing the Dubuque Street Railway
Company to extend, construct and maintain a double
track on Jones street, from Main street to the main track
of the Illinois Central railroad in the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That the Dubuque Street Railway Com-
pany be, and is hereby granted the right and authority to ex-
tend its double track easterly from the present southerly
terminus of the same, at the intersection of Main and Jones
streets, on and along Jones street, to the main track of the
Illinois Central railroad; and to maintain and operate said ex-
tension as a part of its main system of street railways in the
City of Dubuque.
SEC. 2. That the right granted in the preceding section,
shall be subject to all the conditions, restrictions and reser-
vations so far as practicable, contained in an ordinance
adopted April 25th, 1890, entitled "An ordinance granting
to the Dubuque Street Railway Company the right to main-
tain and operate an Electric Street Railway over and upon
certain streets and public places in the City of Dubuque,
Iowa," by amending the ordinance heretofore passed in favor
of said company, "authorizing and regulating street railways
in the City of Dubuque," and the several amendments thereto.
302 REVISED CITY ORDINANCES.
SEC. 3. That the extension of said double track shall
be fully complete on or before the first day of October, 189o,
or otherwise this ordinance shall become absolutely null and
void.
SEC. 4. That the right and authority herein granted
shall be accepted by the Dubuque Street Railway Company
within ten days after the approval of this ordinance by the
Mayor, or its final passage by the Council, otherwise it shall
have no force or validity.
SEc. 5. This ordinance shall be published in the
official newspapers of the city, and shall take effect from and
after the publication in the Dubuque Daily Telegraph.
Passed by the City Council this 3rd day of September, 1890.
Approved September 8th, 1890.
Attest: J. C. FITZPATRICK, ROBT. W. STEWART,
Recorder. Mayor.
DUBUQUE, Sept. 4th, 189o.
To the Hon. Mayor and Board of Aldermen of the City
of Dubuque :
We hereby accept the ordinance granting us the
right of way for a double track on Jones street from the
corner of Main to the Illinois Central main track, passed by
you September 3rd, 189o.
DUBUQUE STREET RAILWAY COMPANY.
By J. A. Rhomberg, President.
Bart E.Linehan, Sec. Dub. St. Ry. Co.
Ordinance published in the Telegraph September 10th, 1890.
44
REVISED CITY ORDINANCES. 303
CHAPTER XCI.
AN ORDINANCE authorizing the Dubuque Street Railway
Company to construct, and maintain and operate, in con-
nection with the street railway lines already in oper-
ation, an additional track on Clay street in the City of
Dubuque, from the south side of Thirteenth street to the
north side of Fifteenth street.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That the Dubuque Street Railway Com-
pany be and is hereby granted the right and authority to con-
struct, maintain, and operate in connection with its lines of
street railway, already in operation in said city, an additional
track on Clay street, from the south side of Thirteenth street
to, the north side of Fifteenth street.
SEC. 2. That the right granted in the preceding section
shall be subject to all the conditions, restrictions and reser-
vations, so far as applicable, contained in an ordinance
.adopted April 25, 1890, granting to said Dubuque Street Rail-
way Company certain additional rights and privileges, and
authority to make certain extensions.
SEc. 3. That the construction of said additional track
shall be completed and in operation on or before the first
day of June, 1892; otherwise this ordinance shall become abso-
lutely null and void.
SEc. 4. That the right and authority herein granted
shall be accepted by the Dubuque Street Railway Company
within ten days after the approval of this ordinance by the
Mayor, otherwise it shall have no force or validity.
SEC. 5. This ordinance shall be published in the official
papers of the city, and shall take effect from and after its
304 REVISED CITY ORDINANCES.
publication one time in the Dubuque Daily Telegraph news-
paper.
Passed by the City Council on the 1st day of February, 1892.
Attest: J. C. FITZPATRICK, CHAS. J. W. SAUNDERS,
Recorder. Mayor.
CHAPTER XCII.
AN ORDINANCE to regulate the conduct and language of
persons in and about the Dubuque Street Railway Cars
and Buildings.
SEC. 1. Conductors special officers. SEC. 3. Cars not to be obstructed.
2. Disorderly conduct punished.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That all drivers, conductors, or employes of
the Dubuque Horse Railroad.Company,.are hereby made special
police officers, without any salary to be paid by the city, and
are authorized 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 employe so empowered, shall
preserve order in and about the cars, and any and all persons
behaving in an indecent or disorderly manner, or using ob-
scene 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 shall use obscene
or indecent language, in or about the cars or premises of said
company, shall forfeit and pay a sum not less than five nor
more than, fifty dollars for each and every offence, when found
guilty by any justice of the peace, or in any court having
jurisdiction within the city.
REVISED CITY ORDINANCES.
305
SEC. 3. Any person who shall unnecessarily obstruct,
or delay the operation of any street railway car, shall be fined
in any sum not less than five nor more than fifty dollars,when
found guilty by any justice of the peace, or court of jurisdic-
tion within this city.
CHAPTER XCIII.
AN ORDINANCE granting to the Dubuque Street Railway
Company the right to erect an electric light and power
station in the City of Dubuque.
SEC. 1. Right to erect electric plant.
2. Location of poles.
3. Not to obstruct streets.
4. Grantees liable for injuries.
5. Duration of grant.
6. P.olice regulations.
7. Conditions of grant.
SEC. 8. Publication clause.
9. To place wires under the surfac e
of street.
10. Wires to be extended.
11. Electrician to be appointed.
12. Acceptance to be filed.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. The Dubuque Street Bailway Company,
their successors and assigns, are hereby authorized, and au-
thority is hereby granted to them to use the streets and alleys
of the City of Dubuque for the purpose of furnishing electric
power and lights throughout the City of Dubuque.
SEc. 2 All poles erected under this ordinance shall be
placed at such points on the streets and alleys as shall be des-
ignated by the City Engineer and the Committee on Streets,
and shall be erected, and wires strung thereon, under the
supervision of; and subject to the inspection and control of the
Engineer and Committee on Streets; said poles, wires, ap-
plicances and structures shall be built upon the most
approved method, so as to interfere as little as practicable
with all other public uses of said streets, and both material and
workmanship shall be the best of their class and kind.
20
306 REVISED CITY ORDINANCES
Sue. 3. The said grantees shall not unnecessarily ob-
struct any street or alley, and shall within a reasonable time
repair all damage done any street, alley or sidewalk under the
direction of the Committee on. Streets, and the Street Com-
missioner, and if said grantees fail to comply with the terms
of this section, the city may cause such repairs to be made
and for the expense thereof said company shall be liable to
the City of Dubuque.
SEC. 4.. Said, grantees shall be liable to any person
injured by reason of the construction and maintenance of said
electric light and power plant. Should any action be com-
menced or prosecuted against the City of Dubuque upon any
such claim for damage, said grantees or their agent shall,
upon being notified of such suit, defend the same, and should
any judgment be rendered against the city thereon, the
atnount of such judgment, with costs,shall berecovered against
said company in a proper proceeding, and the record of the
judgment against the city shall be conclusive eviderce to en-
title the city to recover against said grantee.
SEC. 5. The duration of this ordinance shall be twenty-
five (25) years from the time of its adoption.
Sue. 6. The City of Dubuque reserves the right to snake
all reasonable and proper police regulations concerning the
operation and construction of said plant.
SEc. 7. The rights herein granted are upon condition
that said grantees shall within one year from the passage of
this ordinance have constructed and in full operation, the
plant for supplying said electricity and for the other purposes
contemplated herein, and any failure so to do shall work a
forfeiture of this franchise ; said forfeiture shall take effect
from and after the passage of a resolution by the City Council
to that effect.
SEc. 8. This ordinance shall be in force and effect from
REVISED CITY ORDINANCES.
307
and after its passage and publication in the official paper of
the city, and its formal acceptance in writing by said grantees.
SEC. 9. The City of Dubuque reserves the right to re-
quire said grantees to place the wires of said electric light and
power system under the surface of the streets, if at any time
in the future the city deem it advisable so to do.
SEC. io. After said electric light plant shall have been
erected, said grantees shall extend the wires along any street,
alley or avenue in the city, whenever the City Council shall
order the same, and furnish to the city and its inhabitants
along the line of such street, alley or avenue, whenever the
City Council shall order the same, such quantity of light and
power as tnay be required by said inhabitants ; Provided,
That the City Council shall order at least an average of one
arc light for every 2,OOo feet of wire (measured one way) so
extended, to be attached for the use of the city, and to be
paid for by the city at the usual or fixed rates.
SEe. r r . Also, Provided, that the City Council may at
any time hereafter appoint an Electrician at the expense of
the said grantees or any other person operating any electric
system of electric motor lines or power plants,according to the
number of miles operated by them. The duty of said Elec-
trician shall be the proper inspection, at least once a week,
of all insulated wires and'connections,and to report monthly to
the Council. It shall also be his duty to report all defects of
wires or connections, or any other cause that may be, danger-
ous, immediately to companies operating said wires and con-
nections, and if such defects be not at once repaired by them,
it shall be his duty to repair such defects,or cause them to be
repaired, at the expense of such company or grantees.
Sue. 12. The Dubuque Street Railway Company shall
file with the City Recorder, a written acceptance of this ordi-
308
REVISED CITY ORDINANCES
nance within twenty (2o) days after the date of its final pas-
sage, otherwise it shall absolutely become null and void. If
this ordinance shall be accepted by said Dubuque Street Rail-
way Company within the time specified,it shall,thereupon,be
published in the official news papers of the city, and take ef-
fect and be in force from and after the date of its publication
in the Dubuque Daily Telegraph.
Adopted August 4th, 18go.
ROBT. W. STEWART, Mayor.
Attest:
J. C. FITZPATRICK, Recorder.
DUBUQUE, IOWA, AUGUST 2OTH, 1890.
To the Hon. Mayor and City Council of the City of Dubuque:
GENTLEMEN: We hereby accept the ordinance passed
August 4th, by your Honorable Body, granting us the right
to operate and maintain an electric light and power plant in
the City of Dubuque.
DUBUQUE STREET RAILWAY COMPANY,
By J. A. RHOMBERG, President.
BART. E. LINEHAN, Sec. D. S. R'y. Co.
CHAPTER XCIV.
AN ORDINANCE granting to the United States Electric
Light and Power Company of Iowa, the right to erect
poles; wires and other fixtures in the streets; alleys and
public parks of the city, for illuminating and other pur-
poses.
SEC. 1. Company authorized to erect SEC. 4. Company holden for all damage
and liable over to the city.
5. Failure to complete work amts.
to forfeiture.
poles.
2. No poles along the streets unless.
3. All under supervision of City
Council.
Be it Ordained by the City Council of Me City of Dubuque:
SECTION 1. That the United States Electric bight and
REVISED CITY ORDINANCES. 309
Power Company of Iowa is hereby authorized and empowered
to erect and maintain proper poles, racks, wires, including
district and time telegraph wires, and other fixtures, in the
streets, alleys and public parks of the city, for the term of
twenty (2o) years, for the purpose of establishing and Main-
taining a proper plant, for the supply to said city and its
inhabitants, of electric illumination, by means of the arc and
incandescent system of electricity, and of power by means of
dynamics, and for other purposes.
SEc. 2. That said company shall erect and maintain its
poles, wires, and other fixtures pertaining to such plant in
said city, along and through the alleys therein, whenever the
same can be done, and no poles shall be placed in any of the
streets of said city, unless the same shall be deemed of abso-
lute necessity to the proposed system, in the opinion of the
City Council of said city.
SEc. 3. That said company shall not unnecessarily
obstruct any street or alley in said city, in erecting, maintain-
ing or repairing its poles, wires and other fixtures, or allow
any street or alley, or other place, to become obstructed, or
to remain in a dangerous condition, and shall within a reason-
able time repair all damages done any street, alley or side-
walk, gutter or other public place. And all excavations, or
other interference with the streets or alleys, and the general
work of constructing said electric plant, and the placing of
poles therefor, shall be under the direction and by the consent
of the City Council of said city. In case of the failure of
said company to remove any obstructions upon the streets,
alleys, or places of the City of Dubuque, which may be placed
or allowed by them to remain thereon; or should any street,
alley or public place become out of repair, by reason of the
defective repairs made by said company, the city may cause
necessary and proper repairs to be made, and for the expense
thereof said company shall be liable to the City of Dubuque.
310 REVISED CITY ORDINANCES.
SEc. 4. Said company shall be liable to any person suf-
fering any injury or damage occasioned by the erection, con
struction or maintenance of said plant, as herein set forth,and
for any damage of whatever kind occasioned by erecting,
maintaining or operating the business of said company.
Should any action or proceeding be commenced or prosecuted
against the City of Dubuque, upon any claim whatever for
damage, loss or injury to any person or property, arising out
of the erection, maintenance or operation of said plant, the
agents or managing officers of said company, shall, upon
being notified of such suit or proceeding, defend the same,
and should any judgment be rendered against the city there
on, the amount of such judgment with costs shall be recov-
ered against said company in a proper proceeding, and the
record of the judgment against the city shall be conclusive
evidence to entitle the city to recover against said company.
SEC: 5. The rights herein granted are expressly condi-
tioned that said company shall within three years from the
passage hereof, erect and construct within the City of Du-
buque, the proper plant for supplying electricity, and for the
other purposes above contemplated, and any failure to so d o
shall work a forfeiture of this franchise.
Passed Sept. to, 1883.
REVISED CITY ORDINANCES. 311
CHAPTER XCV.
AN ORDINANCE authorizing the construction, mainte-
nance and operation of an Electric Street Railway in the
City of Dubuque.
SEC. 1.
2.
3.
4.
5.
6.
7_
8.
9.
10.
11.
12.
Right of way for Electric R',y.
When to be in operation.
Streets occupied.
Grantees to pay damages.
Tracks to conform to grade.
Tracks to be kept in repair.
Cars to have preceder ce.
Rates of fare.
To use electric powe ...
City may move rails for repairs.
Other railways may cross tracks
May erect poles.
SEC. 13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
May cross other railway tracks.
Term of grant.
Police regulations.
May use other poles.
Time of running.
Other companies may use tracks.
Johnson rail to be used.
To stop at crossings.
If abandoned,street to be rep'r'd
Publication clause —Acceptance
of Ordinance.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That permission and authority are hereby
granted to David H. Ogden, his successors and assigns, to
construct, maintain and operate a single track electric street
railway with all the necessary turnouts, turntables, sidetracks,
and switches in, upon and along the following named streets
in said city, to -wit : Commencing at the foot of Eighth
street near the track of the Chicago, St. Paul and Kansas
City Railway, extending in or along as nearly as practicable
the center line of Eighth street, in a westerly direction to the
west line of what is now known as the "Omnibus Barn,"
thence westerly along or upon Eighth street, thirty-four (34)
feet from the north line of said street, to Hill street ; thence
along or upon Hill street in a southerly direction twenty-
eight feet from the west line of said street to the intersec-
tion of West Eifth and Hill street ; thence in a southwestlerly
direction along or upon the center line of Hill street to Third
street ; thence westerly along and upon the center line of
Third street toAlpine street ; thence northwesterly along or
upon the center of Alpine street to Julien avenue ; thence
westerly along or upon the center of Julien avenue to Delhi
312 REVISED CITY ORDINANCES.
(road) street ; thence southwesterly along or upon the center
of Delhi street to Grand View avenue. And the said street
railway shall be constructed under the direction of Commit-
tee on Streets and City Engineer.
SEc. 2. The construction of said railway shall be com-
menced within sixty days after the passage of this ordinance,
and said railway shall be completed and in full operation on
or before January 1st, 1890, but the injury to the property
abutting on the easterly side of Hill street, between Eighth
street and West_ Fifth street, shall first be ascertained and
compensated by said Ogden, his successors and assigns, in
the manner provided by law for taking private property for
works of internal improvement, and such compensation is
hereby made a condition of the privilege granted by the ordi-
nance.
SEc. 3. That permission and authority are hereby
granted to David H. Ogden, his successors and assigns, to
construct, maintain and operate a single track electric street
railway, with all necessary turnouts, turn tables, side tracks
and switches, in, upon and along the following named streets,
to -wit: Commencing at Delhi street, thence along or upon
Grandview avenue in a southerly direction to the terminus of
the same; commencing also at or near the east side of Grand-
view avenue, thence extending in a westerly direction on
Delhi street to Center street, thence northerly on Center
street to Arch street, thence east on Arch street to West
Locust street, thence on West Locust street to the intersec-
tion of Seminary 'street. The railway on the streets men-
tioned in this section shall be completed and in full opera-
tion on or before two years from the date of the passage of
this ordinance.
r
REVISED CITY ORDINANCES. 313
defense to all legal claims against the City of Dubuque for
damages caused to any person or property or to abutting
property owners by the construction or operation of said
street railway, across or along any street, alley or public
place, and shall be liable for the amount of any judgment
recovered against the City of Dubuque in any action for
damage, or action on any such claims. And in all litigation
to which the City of Dubuque may be made a party, and in
any manner arising out of the grant to said David H. Ogden,
his successors and assigns, of the rights and privileges herein
made or in relation to any rights claimed adversely to the
grants and privileges herein contained, said David H. Ogden,
his successors and assigns, shall upon being notified of the
pendency of any such action, make proper defense thereto,
and shall be liable for and shall pay any judgment or decree
rendered against the City of Dubuque therein.
The neglect or failure of said David H. Ogden, his suc-
cessors and assigns, to comply strictly with the provisions of
this section shall work a forfeiture of all the rights and
privileges herein granted, which forfeiture shall take effect
upon and after the passage of a resolution by the City Coun-
cil of Dubuque declaring such forfeiture. And in the event
of the said David H. Ogden, his successors and assigns, failing
to comply with any of the provisions of this ordinance, or
violating the terms thereof, then he or they shall forfeit to
the City of Dubuque all rights given or granted under this
ordinance.
SEc. 5. The tracks of said railway shall not be elevated
above the surface of the street, and shall be so laid that car-
riages and other vehicles can easily and freely cross said
tracks at any and all points and in any and all directions
without obstruction.
SEc. 4. The said David H. Ogden, his successors and
assigns, shall pay, or in case of suit thereon shall make proper SEc. 6. The said David H. Ogden, his successors and
314 REVISED CITY ORDINANCES.
assigns, shall repair all damages that may be done to streets,
in or by the construction of said railway, and shall also keep
the space between said railway tracks and a space of one
foot on each side thereof in good repair.
SEc. 7. The cars of said railway shall take precedence
over other vehicles, and if any person shall unnecessarily
obstruct or impede the running of cars on fhe track of said
railway he shall be liable to be arrested, and his offense shall
be punished as a misdemeanor. It is also hereby rnade an
offense for any person to post any bill or bills on the posts or
otherwise deface the posts or other property used in connec-
tion with or in the operation of said railway.
SEC. 8. The said David H. Ogden, his successors and
assigns, may regulate and establish, from time to time, such
rates of fare for the transportation of passengers over said
railway as he or they may deem reasonable; Provided, The
charge for carrying a passenger from one extreme point to
another, or between two intermediate points, shall not exceed
five cents.
Szc. 9. The cars operated on said railway shall be pro-
pelled by electric power, and shall be run at a speed not ex-
ceeding six miles per hour east of the junction of Fifth and
Hill streets, and not to exceed eight miles per hour west of
the junction of Fifth and Hill streets. Upon the completion
of the railway between the points named in the first section
of this ordinance there shall be put in service not less than
two motor cars, each fourteen feet in length, and each
equipped with an electric motor of not less than fifteen horse
power and capable of drawing another car fourteen feet in
length filled with passengers.
Each motor and ordinary car shall carry and display the
necessary lights, and a bell or gong shall be rung, when nec-
9'
REVISED CITY ORDINANCES. 315
essary, to warn the public at street crossings, and at all other
points exposed of the approach of cars.
SEc. Io. The City of Dubuque reserves the right to
take up and remove temporarily the rails of said railway
whenever it shall be necessary for the repair or improvement
of the streets, and for the laying of water or gas pipes or
sewers or for other public purposes; but there shall be no un-
necessary delay by the city while such repairs or improve-
ment are being made. After such repairs or improvements
shall have been made, it shall be the duty of the said David
H. Ogden, his successors and assigns, to replace the rails and
put in repair such portion of the railway track as the city
may have taken up or removed.
SEc. II. Nothing herein contained shall be so construed
as to deprive the City of Dubuque of the right to authorize
any railway or street railway company to cross the tracks laid
down under authority of this ordinance.
SEC. I
as aforesai
David H.
lanes and a
purpose of
poles and
conducting
the motive
way. Sai
the directic
Counc
metrical, a
posts or po
of not less
SEC. I
d
d
2. For the purpose of operating a street railway,
, permission and authority are hereby granted to
Ogden, his successors and assigns, to use the streets,
Ileys, and other public places, of the city for the
erecting and maintaining the necessary posts and
placing or stringing thereon the necessary wires for
such currents of electricity as may be required for
power and for the lighting of the cars of said rail -
posts and poles shall be placed and located under
on and supervision of the Street Committee of the
il. Said posts and poles shall be straight and sym-
nd shall be kept well painted.. The wires on said
les shall be strung and maintained at an elevation
than twenty feet above the surface of the street.
3. That permission and authority are hereby
316 REVISED CITY ORDINANCES
granted to the said David H. Ogden, his successors and as-
signs, to construct and maintain said railway across the track
of any other railway or street railway.
r,
SEc. 14. The rights and privileges hereby conferred
shall continue for and during the term of twenty years from
and after the passage hereof:
SEc. 15. The said City of Dubuque hereby reserves the
right to make all necessary and usual police regulations con-
cerning the operation arid management of said street railway
to include the change of switches, side tracks and turn tables,
and to include the regulation of rates of speed during contin-
uance of the rights and privileges hereby granted.
SEc. 16. The said David H Ogden, his successors and
assigns, shall have the right to use any telephone, telegraph,
electric light or fire alarm poles or posts owned or controlled
by the city, now set or which may be hereafter set along the
line of the said proposed electric street railway for the sup-
port of the wires or other appliances necessary to the opera-
tion or maintenance of said electric street railway. And
whenever practicable the city shall have the right to use the
poles and posts now set or which may be hereafter set by
the said electric street railway for the extension, construction
or maintenance of any telephone, telegraph, electric light or
fire alarm system, or for any other public use when such wire
or wires are or may be used solely for the benefit and use of
the said City of Dubuque ; in either case the service to be
rendered without compensation.
SEc. 17. The said David H. Ogden, his successors and
assigns, shall cause one of the cars belonging to said street
railway to leave the western terminus of the road not later
than 6 A. M. of each secular day, and there shall be made
four (4) single trips (two each way) before 8 A. M., and that,
REVISED CITY ORDINANCES 317
thereafter, the cars shall make trips on regular schedule time
taking not more than thirty minutes for each single trip, in-
cluding the necessary stops at each end until twelve o'clock
noon, and that thereafter regular trips shall be made as in
the forenoon until 6 P. M., when the cars shall leave each
terminus and make one single trip over the road, after which
time and until n.ot later than ro o'clock P. ml., cars shall be
run over the road at regular intervals as the business may
demand, taking not more than thirty minutes for each sin-
gle trip.
SEc. 18. If any other person, corporation or company
should at any time in the future desire to build and operate
a line of street railway on Julien avenue, westerly from the
the junction of Eighth street and Julien avenue, the said
person or company shall have the right to use the track or
tracks of this railway, from the said junction east to the east-
ern terminus -of said road by paying for the use thereof, a
reasonable compensation to be fixedby the City Council ;
Provided, however, that the said David H. Ogden, his suc-
cessors and assigns, shall be given the first opportunity to
build and operate a line of road on Julien avenue, as aforesaid.
SEc. 19. In the construction of said street railway the
latest approved "Johnson Rail," of not less than thirty-eight
pounds to the yard shall be used, but a different rail may be
authorized by the Council; Provided, A section of the kind of
rail proposed to be used shall be first submitted to the Council
and approved by the Council. The switches of said street
railway shall be located as follows: One east of Jackson
street on Eighth street; one on Hill street between Fifth and
Third streets, or between Hill and Alpine streets, on Third
street, and one on Delhi street near the terminus of the road;
and that a Y may be placed to gain access to their car barns.
SEc. 2o. All cars run by the said David H. Ogden, his
318 REVISED CITY ORDINANCES.
successors and assigns, on the track of the electric street
railway shall come to a full stop before crossing the track of
any other railway or street railway now in use in the Cit
Dubuque.
y of
SEc. 21. Should the said David H. Ogden, his success-
ors and assigns, at any time want to stop the operation of said
electric street railway and remove the rails thereof, it shall be
the duty of the said David H. Ogden, his successors and
assigns, to repair and put in proper condition said portion of
said street or streets that said electric railway is laid on, and
such repair shall be done under the supervision of the Street
Committee and City Engineer.
SEC. 22. This ordinance shall be in force from and after
its publication in the official papers of the city, and its formal
acceptance, in writing by the said David H. Ogden, his suc-
cessors and assigns.
Adopted March 4, 1889.
Attest : JOHN MULKERN, Mayor Pro Tem.
J. C. FITZPATRICK, City Recorder.
I hereby formally accept an ordinance entitled "An
Ordinance Authorizing the Construction, Maintenance and
Operation of an Electric Street Railway in the City of Du
buque," passed by the City Council at its regular session on
March 4, 1889,and guarantee the carrying out of the pro-
visions of the salve by my successors and assigns.
DAVID H. OGDEN.
Dubuque, March 9, 1889. .
Published March 12, 1889, in Daily Telegraph.
Sections 2 and 19 amended September 2, 1889.
REVISE
D CITY ORDINANCES. 319
CHAPTER XCVI.
AN ORDINANCE Authorizing the Construction, Mainte-
nance and Operation of a Street Railway in the City of
Dubuque.
SEC. 1. Right of way for railway.
2. When to be constructed.
3. ' To conform to grade.
4. Damages to be repaired.
5. Cars to be propelled by horses
and time of operation.
6. Fare.
SEC. 7 May cross other tracks.
8. Same kind of rails to be used.
9. Police regulations.
10. Term cf grant.
11. Must construct crossings.
12. Conditions of grant,
13. Publication clause.
Be it Ordained by the City Council of the City of Dubuque
SECTION I. That permission and authority are hereby
granted unto James Levi, Alonzo Parker, Geo. W. Kiesel,
Lester C. Bissell, C. M. Peaslee, A. C. Buettel, F. A. Rumpf,
D. D. Myers, J. Ellwanger, J. Macdonald, their successors
and assigns, to construct, maintain and operate a single or
double track street railway, with all necessary turnouts, side
tracks and switches, in, upon and along the following streets,
viz: Commencing at Seventh and Main streets, at a point as
near the middle of Seventh street as practicable, running
thence as near as practicable along the middle of Seventh
street in an easterly direction to the westerly end of Seventh
street bridge, thence as near as practicable along and over
the center of said bridge to Commercial street, thence as
near as practicable along the center of said Commercial street
to Diagonal street, thence as near as practicable along the
center of Diagonal street in a southerly direction to a point
twenty feet 1Seyond the westerly approach of the high bridge;
the location to be under the direction of the Street. Committee
and City Engineer.
SEC. 2. The construction of said street railway shall be
commenced not later than the i5th day of April, 189o, and
shall be completed and in full operation on or before the first
day of June, 189o.
320 REVISED CITY ORDINANCES
SEc. 3. The track of said railway shall not be elevated
above the surface of the street, and shall be so laid that car-
riages and other vehicles can easily and freely cross said track
at all places.
SEE. ¢. Said James Levi, Alonzo J. Parker, Geo. W.
Kiesel, Lester C. Bissell, C. M. Peaslee, A. C. Buettel, F. A.
Rumpf, D. D. Myers, J. Ellwanger, J. Macdonald, and their
successors and assigns, shall repair all damages done to said
streets while said tracks are being put down, and shall keep
the space between the rails in good repair at all times. By
good repair it is understood that the elevation of the road bed
between the rails shall be essentially the same as top of rails,
and the substance employed for road bed shall be sufficiently
hard to prevent wheels of heavy wagons from cutting in rainy
weather. If this provision is not complied with by the
Street Railway Company, right is reserved by the city to re-
pair said road bed, and charge cost of repairs to said Street
Railway Company. If bills for repairs made by the city are
not promptly paid, said lapse shall work a forfeiture of the
charter of the Street Railway Company. That one foot on
outside of rails be kept in good repair.
SEc. 5. The cars on said railway shall be propelled by
horses, and at least one car shall leave each end of said rail-
way every thirty minutes. Cars are to begin running not
later than 6:30 A. M., the last car not to leave the eastern end
of said line earlier than 6:3o P. M. The foregoing regulation
shall be binding on the company only during the months of
April to October inclusive, and it shall be optional with the
Railway Company to run said cars during the other months
of the year.
SEC. 6. The fare to be charged for a single trip shall
not exceed five cents. The company shall have the right to
regulate its charges within said limit.
•
REVISED CITY ORDINANCES. 321
SEc. 7. That said company shall have permission and
authority to construct and maintain said railway over and
across the track of any other railway or street railway, and
employ same guage.
SEC. 8. In the construction of street railway, the com-
pany shall use same style of rails as are now used on the
Main street line.
SEc. 9. The City of Dubuque hereby reserves the right
to make all necessary and usual police regulations, concerning
the operation and management of said street railway.
SEc. io. The rights and privileges hereby granted
shall be continued for and during the term of twenty years
from the passage hereof.
SEc. II. That whenever the track of said company
makes it necessary for a covered crossing to be built, the said
company shall build and maintain said crossing, and keep it
open and free for water to course through at all times.
SEC. 12. The rights and privileges' hereby granted are
subject to the following express conditions, to -wit: That the
City of Dubuque shall at all times be held and kept harmless
from any and all liability which may be due to the con-
struction, maintenance or operation of the said railway, or to
any act or fact whether of negligence or otherwise, connected
with its construction, maintenance or operation. And if at
any time or times said city shall be compelled to pay any
judgment or judgments which inay be recovered against
said city by reason of the construction, maintenance or oper-
ation of said railway, or by reason of any act or fact whatever
of negligence or otherwise connected with its construction,
maintenance or operation, the said James Levi, Alonzo J.
Parker, Geo. W. Kiesel, Lester C. Bissell, C. M. Peaslee, A.
'21
322 REVISED CITY ORDINANCES
C. Buettel, F. A. Rumpf, D. D. Myers, J. Ellwanger, J.
Macdonald, their successors or assigns, shall, within ten days
thereafter, pay into the treasury of said city, for the usg of
said city, the full sum, or sums, which the said city shall
thus have been compelled to pay; or the said rights and
privileges shall thereupon cease and be forfeited.
SEC, 13. This ordinance shall take effect from and
after the date of its publication in the official newspapers of
the City of Dubuque.
Adopted September 2nd, 1889.
Attest: J. C. FITZPATRICK, ROBT. W. STEWART,
Recorder. Mayor.
Published in the Telegraph September 12th, 1889.
CHAPTER XCVII.
AN ORDINANCE granting to Wm. L. Allen and Thos., O.
Swiney the right to maintain and operate an Electric
Street Railway, over and upon certain streets and public
places in the City of Dubuque, Iowa.
SEC. 1. Right of way.
2. Power to be used.
3. May erect poles.
4. Kind of cars.
5. Rate of speed.
6. To conform to grade.
7. To keep street in repair.
8. Guage of track and kind of rail.
9. To pay cost of improvement be-
tween tracks.
10. To conform to change in improve-
ment.
11. Crossings over gutters.
12. Time of running.
SEC.
13. Right to use other poles.
14. Rate of fare. -
15. Electrician to be appointed.
16. Transfer checks.
17. other railways may use tracks.
18. Cars to have right of way.
19. When to be constructed and in
operation.
20. Liable for damages.
21. Acceptance of ordinance.
22. Time of grant.
23. Police regulations.
24. When to take effect.
Be it Ordained by the City Council of the City of Dubuque :
SECTION 1. That permission and authority are hereby
granted to Wm. L. Allen and Thos. O. Swiney, their heirs,
successors and assigns, to locate, lay, maintain, equip, operate
REVISED CITY ORDINANCES. 323
and use in the City of Dubuque, a line or lines of street rail-
way, with single or double tracks, with the necessary turn-
outs, sidings, telegraph and signal devices, and other re-
quisite appliances, over, upon, along, through and across
such streets, avenues and public places as follows, to -wit:
Commencing at South Dodge and Grand View avenue,
thence along South Dodge to Dodge, thence to Locust, north
on Locust to Fifth, east on Fifth to Iowa, thence on Iowa to
Sixteenth, thence on Sixteenth to Jackson, thence on Jackson
to Peru Road, thence west on Peru Road to Couler avenue;
also commencing on Jackson and Eagle Point avenue, thence
on Eagle Point avenue to Windsor avenue, along Windsor
avenue to the city limits; also commencing at Eleventh and
Iowa, thence west to Bluff, thence northerly on Bluff street to
West Locust street; also commencing at Fourteenth and Iowa
streets, thence easterly on Fourteenth street to Jackson street,
thence northerly on Jackson street to Sixteenth street, to
a junction with its present tracks.
Provided, however, That said Allen & Swiney, their suc-
cessors and assigns, shall, whenever directed by the City
Council, at any time, or from time to time, extend their said
railway along any portion or portions of Grand View avenue
then designated by the City Council, and not actually occu-
pied by another railway; Provided, also, That said grantees
shall not be required to build its line of railway on South
Dodge street until the city shall have first brought the portion
of said street on which the grade has been established to the
established grade.
SEc. 2. That said railway may be operated by elec-
tricity or any other new or modern improvement or invention
that may be approved by the City Council, but no steam or
animal power shall be used except in au emergency, when
animal power may be used.
4
824 REVISED CITY ORDINANCES REVISED CITY ORDINANCES 325
SEC. 3. That said Allen & Swiney shall have the right
to erect such poles, wires and other appliances as may be re-
quired to operate said railway, but the construction of said
railway and the erection of said poles, kinds of poles, wires
and other appliances, shall be under the control and super-
vision of the City Engineer, City Electrician and Committee
on Streets; Provided, That the City of Dubuque hereby re-
serves the right whenever in the future it may deem it
advisable to direct said grantees, if practicable and proper,
to place its wires under the surface of the streets.
SEc. 4. The cars used shall be of the best modern
style and construction; they shall be comfortably heated
during the winter months, and shall at all times be properly
lighted and ventilated.
SEc. 5. Cars may be run at a speed of from six to
twelve miles per hour whenever such speed can be attained
with safety to the traveling public.
SEc. 6. The said railway shall be constructed on the
established grades of the streets or highways. The tracks,
poles and other structures shall be raised or lowered without
expense to the city to correspond with any changes that may
be made in the grade of said streets.
SEc. 7. The tracks of said railway shall not be elevated
above the surface of the street, and shall be laid as near as.
practicable to the center of the streets, and shall be so laid
that carriages and vehicles can easily cross said streets at all
points with the least obstruction possible, and shall keep the
space between the rails and one foot upon either side thereof
in good repair, and in winter time the heavy snow to be re-
moved from said portion of the street shall be hauled away
by said grantees to a place designated by the Street Com-
mittee.
SEc. 8. That such rail shall be used in the construc-
tion of said railway as may be approved or ordered by the
City Council, and that the standard gauge of four feet eight
and one-half inches (4 feet 8% inches) shall be used.
SEC. 9. That if said grantees shall construct its track
upon any street that is now or may be macadatnized, then it
shall be the duty of said grantees to pay the cost of macadam-
izing and remacadarnizing the space between the rails, and
one foot upon either side thereof.
SEC. to. That in the event the City of Dubuque shall
at any time change the mode of improving any street occupied
by the tracks of said railway from tnacadamizing to any other
method of improvement, it shall be the duty of said grantees
to improve the portions of the streets between the rails and
one foot upon either side thereof at their own expense so as to
conform to the change made by the city.
SEc. II. That whenever any of said railway tracks
shall pass over a gutter or other depression in the street, said
grantees shall, if deemed necessary by the City Council, at
their own cost, cover said gutter or depression from curb to
curb in such manner and with such material as shall be
directed or approved by the City Council, and maintain the
same so as to admit of the free passage of water. Or the City
Council at its option, may direct said grantees to pass over
certain gutters on a concave surface. Upon failure of said
grantees to comply with the requirements of this section, the
city may cause said work to be done at the expense of said
grantees.
SEc. 12. The cars of said railway shall commence run-
ning not later than 6 o'clock A. M., and shall cease not earlier
than to:3o o'clock P. M., and shall run during intervals of not
more than 15 minutes a part from each terminus. On the
326 REVISED CITY ORDINANCES.
main line, which is at the north of the city limits on Couler
avenue, and the corner of Locust and Dodge streets on the
south; on all branch lines, cars shall be operated at intervals
of thirty minutes in each direction. All cars running after
sunset, shall be provided with the signal lights in such colors
as the Council may direct or approve.
SEc. 13. The said grantees shall have the right to use
any fire alarm or other poles now set or which may hereafter
be set, and owned and controlled by the city, and the city
shall have the right to use the poles of said electric railway
for the construction or maintenance of any telephone, tele-
graph, electric light or fire alarm system, or any other public
use, in either case the service to be render without compensa-
tion.
SEc. rq.. All -cars used on said lines of railway shall be
used for carrying passengers, and the rate of fare for each
passenger traveling from one extreme point of said railway
system to the other, shall not exceed five cents, except when
to accommodate the public, cars are run after ro:3o P.
M., in which case ten cents may be charged for each person
riding.
SEc. 15. Also that the City Council may at any time
hereafter appoint an electrician at the expense of said
grantees, or any other person operating any electric system,
or electric .motor lines, or power plants, according to the
nutnber of miles operated by them. The duty of said Elec-
trician shall be the proper inspection of, at least once a week,
of all insulated wires, or electric wires and connections; and
report monthly to the Council. It shall also be his duty to
report all defects of wires or connections, or any other cause
that may be dangerous, immediately to companies operating
said wires and connections; and if such defects be not at once
repaired by them, it shall be his duty to repair such defects,
REVISED CITY ORDINANCES. 327
or cause them to be repaired at the expense of such company
or grantees.
SEC. 16. Transfer privileges, by checks or other•meth-
ods, shall be given at all junctions with other street railways,
to such passengers as may request the same, said privileges to
be good for passage from the junction where given, and on
the first connecting car passing the desired direction, and on
no other car; Provided, That such privileges are not required
to be given for passage over other railways which will not ac-
cept the same, and issue similar privileges, and exchange the
same on a proper division of the rate of fare. Provided,
further, that the details of effecting such privileges and di-
vision of the rate of fare thereon shall be under the control of
the City Council.
SEc. 17. Along South Dodge street, Dodge street,
Locust street, or any portion thereof, where the City
Council shall at any future time find it necessary, or
for the city's interest to grant privileges to any other
person or corporation, the said grantee shall permit such per-
son or corporation to use their track, or shall move their
track and apparatus to one side, so that other track and ap-
paratus may be placed in same street or portion thereof, as
the City Council may at the time determine, for a reasonable
compensation, in either case, to be fixed by the City Council
at the time,which compensation for use of track shall be not
less than four per cent. per annum on the cost of the portion
used, as the same may be made to appear to the City Council,
and a reasonable amount for maintenance of said track; and
the City Council shall have the right to regulate the method
of use thereof, and of running thereon, so as to prevent acci-
dents, delays and other inconviences. Said grantee shall not
lay a double track in any of the streets named in this section,
or in that portion of Iowa street between r rth street and the
northerly side of r3th street, without the consent of the City
328 REVISED CITY ORDINANCES
Council, and when a single track shall have been laid as such
in any street, it shall not afterwards be changed to a double
track without such consent.
SEC. 18. In all cases where any team or vehicle shall
r;ieet any car on, any of said lines of railway, or either of
them, or shall be over taken by any car thereon, such team
or vehicle shall give way to such car. No person shall will-
fully or unnecessarily obstruct, hinder, delay or interfere
with the passage of any of the cars on either of said lines of
railway or tracks, by placing or driving, or stopping any
team, vehicle, or obstacle, or thing, in, upon, across, along
or near the track of either of said lines of railway, after being
notified by the conductor or other person in charge of a car
thereon by the ringing of the car bell, or otherwise; all who-
ever shall violate any of provisions of this section, shall upon
conviction thereof, be punished by a fine of not more than one
hundred (too) dollars or less than five (5) dollars.
SEC. 19. Said grantees shall construct the lines, by this
ordinance authorized, and equip and operate the same within
one year from the date of the publication of this ordinance.
The work of construction shall commence not later than
April ist, 1890. Provided,however,that if said company shall
be restrained from proceeding with the work of, constructing
said railroad by order or injunction of any court, or shall be
hindered or delayed in the said work by reason of any public
improvement being carried on by the City of Dubuque, or be
otherwise delayed, hindered or obstructed in their said con-
struction, or in the exercise of the rights and privileges to
them granted or permitted under this ordinance without fault
on their part, the time which they shall be so restrained, en-
joyed, hindered or delayed, shall be excluded from the time
herein prescribed for the completion of the said road, and
shall be allowed to said grantees in addition to the time above
specified for its completion, The City of Dubuque, however,
REVISED CITY ORDINANCES. 329
shall have, and it hereby reserves the right to intervene in any
suit or proceeding for such injunction or restraining order,and
to move for a dissolution of the same in case it shall deem
such suit or proceeding collusive, or for the purpose of delay,
or to extend the time herein prescribed for the completion of
the road.
SRC. 20. Said grantees shall be liable to any person
injured by reason of the construction and maintenance of said
electric railway and power plant.
Should any action be commenced or prosecuted against the
City of Dubuque, upon any such claim for damages, said
grantees or their agent shall upon being notified of such
rendered
defend the same; and should any judgment .
against the city thereon, the amount of such judgment with
costs, shall be recovered against said company in a proper
proceeding, and the record of the judgment against the city
shall be conclusive evidence to entitle the city to recover
against said grantees.
SEC. 21. If said grantees desire to build, equip and
operate said lines of railway, in accordance with the pro-
visions of this ordinance, they shall file their acceptance
with the City Recorder within 3o days after the passage of
this ordinance.
SEc. 22. The said grantees, their successors and as-
signs, shall be entitled to enjoy the privileges hereby
granted, for the term of 25 years, from and after the passage
and publication of this ordinance.
SEc. 23. The City of Dubuque reserves the right to
make all usual and reasonable police regulations concerning
the construction, operation and management of said street
railway.
330 REVISED CITY ORDINANCES.
SEC. 24. This ordinance shall take effect from and after
its passage and publication in the official papers of the City
of Dubuque, but the salve shall not be published until after
the said grantees shall have deposited with the Treasurer of
the City of Dubuque, the sum of $ro,000.00 in money, condi-
tioned that they will comply with the terms and conditions of
this ordinance with reference to the time, manner of construct-
ing;said railway, and as otherwise provided in Section 19 of
this ordinance. And upon the failure to comply with said
conditions said grantees shall thereby forfeit to the City of
Dubuque the said $io,000.00 and also their rights under this
ordinance; Provided, however, That of the money thus de-
posited the sum of $5,000. oo thereof shall be paid out to said
grantees by order of the Council during the construction of
said railway, and the other $5,00o shall be retained by the
said city until the completion of said railway as provided by
said Section 19.
Adopted by the City Council November 4th, 1889.
Attest: RoBT. W. STEwART, Mayor.
J. C. FITZPATRICK, City Recorder.
CHAPTER XCVIII.
AN ORDINANCE granting to William L. Allen and
Thomas O. Swiney the right to erect an Electric Light
and Power Station in the City of Dubuque.
SEC. 1.
2.
3.
4.
5.
6.
Right to erect electric plant.
Location of poles.
Not to obstruct streets.
To be responsible for damages.
Duration of grant.
Police regulations.
When to be in operation,
Publication clause.
When to take effect.
Wires under ground.
Extension of lines.
Electrician.
Be it Ordained by the City Council of the City of Dubuque :
SECTION i. , That Wm. L Allen and Thos. O. Swiney,
their successors and assigns, are hereby authorized, and author-
ity is hereby granted to them, to use the streets and alleys of
REVISED CITY ORDINANCES. 331
the City of Dubuque for the purpose of furnishing electric
power and light throughout said City of Dubuque; Provided,
however, That the above named grantees, their successors or
assigns, shall have no right whatever, to furnish electric power
to any other person or company for propelling street cars,
nor shall the power, poles or wires hereby authorized, be used
in any way whatever, in propelling the street cars of any per-
son or company, unless such person or company to whom the
power shall be furnished, or iu propelling whose street cars
said power, poles or wires shall be used, shall first have obtain-
ed from the City of Dubuque, an ordinance authorizing said
person or company to operate a street railway by electric
power, expressly stated and described by the identical word
"electric" or "electricity" in the said ordinance, and any
violation of this provision in any particular shall work a for-
feiture of all the rights and franchises granted by or accruing
under this ordinance, which forfeiture shall take effect from
and after the passage of a resolution by the City Council to
that effect.
SEc. 2. All poles erected under this ordinance shall be
placed at such points on the streets and alleys as shall be
designated by the City Engineer and Committee on Streets,
and shall be erected, and said wires strung thereon, under the
supervision and subject to the inspection and control of the
City Engineer and Committee on Streets. Said poles, wires,
appliances and structures shall be built upon the approved
method so as to interfere as little as practicable with all other
public uses of said streets, and both material and workman-
ship shall be the best of their class and kind.
SEC. 3. The said grantees shall not unnecessarily ob-
struct any street or alley, and shall within a reasonable time
repair all damages done any street, alley or sidewalk under
the direction of the Committee on Streets and Street Commis-
sioner, and if said grantees fail to comply with the terms of
332 REVISED CITY ORDINANCES.
this section the city may cause such repairs to be made; and
for the expense thereof, said company shall be liable to the
City of Dubuque.
SEC. 4. Said grantees shall be liable to any person
injured by reason of the construction and maintenance of said
electric light and power plant. Should any action be com-
menced or prosecuted against the City of Dubuque upon any
such claim for damages, said grantees or their agent shall
upon being notified of such suit defend the same, and should
any judgment be rendered against the city thereon, the
amount of such judgment with costs shall be recovered against
said company in a proper proceeding, and the record of the
judgment against the city shall be conclusive evidence to
entitle the city to recover against said grantee.
SEC. 5. The duration of this ordinance shall be twenty-
five (25) years from the time of its adoption.
SEC. 6. The City of Dubuque reserves the right to make
all reasonable and proper police regulations concerning the
operation and construction of said plant.
SEc. 7. The rights herein granted are upon condition
that said grantees shall, within one year from the passage of
this ordinance, have constructed and in full operation, the
plant for supplying said electricity, and for the other purposes
contemplated herein, and any failure so to do shall work a
forfeiture of this franchise; saidforfeiture shall take effect
from and after the passage of a resolution by the City Council
to that effect.
SEc. 8. This ordinance shall be in force and effect from
and after its passage and publication in the official paper of
the city, and its formal acceptance in writing of said grantee.
SEc. 9. This ordinance shall not be published until
REVISED CITY ORDINANCES. 333
after the said Allen and Swiney shall have deposited the
money required in Section 24 of an ordinance granting to
them an electric railway franchise, and said money shall be
held and considered by the City of Dubuque as a guarantee
by the said grantees of the performance by them of the terms,
requirernents and conditions of this ordinance with the same
force and effect as is required for a compliance with the terms
of said electric railway franchise.
SEc. io. The City of Dubuque reserves the right to
require said grantees to place the wires of said electric light
and power system under the surface of the streets (i. e.), at
any time in the future, if the city deems it advisable so to do.
But said grantees shall not be so required for a period of eight
years from the adoption of this ordinance.
SEc. It. After the said electric light plant shall have
been erected, said grantees shall extend the wires along any
street, alley or avenue in the city whenever the City Council
shall order the same, and furnish to the city and its inhabit-
ants along the line of such street, alley or avenue, when-
ever the City Council shall order the same, such quantity of
light and power as may be required by said inhabitants;
Provided, That the City Council shall order at least an
average of one arc light for every 2,00o feet of wire (meas-
ured one way) so extended, to be attached for the use of the
city and to be paid for by the city at the usual or fixed rates.
SEC. 12. Also, provided, that the City Council may at
any time hereafter appoint an electrician at the expense of
the said grantees, or any other person operating any electric
system of electric motor lines or power plants according to
the number of rniles operated by them. The duty of said
electrician shall be the proper inspection, at .least once a
week,of all insulated wires or electric wires and co:inections,
and report monthly to the Council. It shall also be his
•
334 REVISED CITY ORDINANCES.
duty to report all defects of wires or connections, or any
other cause that may be dangerous, immediately to com-
panies operating said wires and connections, and if such de-
fects be not at once repaired by them it shall be his duty to
repair such defects or cause them to be repaired at the ex-
pense of such company or grantees.
Adopted December 2, 1889.
Attest: R. W. STEWART, Mayor.
J. C. F' ITZPATRICK, Recorder.
CHAPTER XCIX.
AN ORDINANCE requiring Street Railway Companies to
cause their cars to be slacked up before crossing the
tracks of other Street Railway Companies, and providing
a penalty for a failure to observe the provisions thereof.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That all street railway companies operating
a street railway in the City of Dubuque, shall cause their cars
or train of cars to be slowed up to a speed not to exceed two
miles an hour before crossing the track of any other street
railway.
SEC. 2. That the slowing up contemplated in Section r
hereof shall be made not less than 15 nor more than zoo feet
from the railway track about to be crossed, and before starting
to cross, the driver, operator, conductor, or other person in
charge of the car or train of cars slowed up, shall signal by
sounding a gong or ringing a bell.
SEc. 3. Whenever two cars or two trains of cars going
in different directions, shall meet at the same crossing, the
car or cars traveling in an easterly or westerly direction shall
take precedence over those cars traveling in a northerly or
southerly direction, unless the person having charge of the
REVISED CITY ORDINANCES. 335
car having precedence,shall signal the person in charge of the
other car to go ahead.
SEC. 4. That no driver, operator, conductor, agent, or
other person in charge of any car or train of cars shall un-
necessarily hinder or delay any other car or train of cars.
SEC. 5. That any driver, operator, conductor, agent or
other person in charge of any car or train of cars who shall
fail or neglect to observe the provisions of this ordinance,
shall be guilty of a misdemeanor, and upon a conviction before
a justice of the peace may be fined not less than two nor more
than twenty dollars for each offense.
Adopted September 3d, 189o.
CHAPTER C.
AN ORDINANCE concerning outside constructions for
electric light and power, or other electrical purposes.
SEC. 1. Permits for erection of poles.
2. Kind of poles.
3. Poles on one side of street.
4. Location of poles.
5. Cost of restoring street to be de-
posited.
6. Poles painted.
7. Roofs not to be used.
8. Wires to be insulated.
9. Supports to be insulated.
10. Joints in wires to be secured.
11- Wires not to sag.
12. Distance of wires from ground.
13. Space between wires.
14. Wires over roofs.
15. Separation of service wires.
16. Space between wires of different
companies.
17. Service wires to run
ally.
18. Wires along walls.
SEC.19. Space between wires.
20. Wires entering buildings to be in-
sulated.
21. Guard wires to be used.
22. Guy wires.
23. Entrance of wires into buildings.
24. Hanging of lamps.
25. Equipment of lamps.
26. Tests for ground connections.
27. Standard of insulation.
28. Unused poles and wires to be re-
moved.
29. Electrician to approve construc-
tion.
30. Linemen to wear badges.
31. Erection of fire gongs.
32. Permits to erect poles.
33. Penalty.
horizont- 34. Amendments may be made.
35. Plans to be furnished.
Be it Ordained by the City Council of the City oj- Dubuque :
SECTIoN 1. Applications for permits to erect poles,
must be made previous to setting any pole, and must be ac-
companied by a plan indicating the proposed location of the
336 REVISED CITY ORDINANCES
same; such plan, if approved, may undergo modification in
minor details, subject to the approval of the City Engineer
and Electrical Committee. It shall not be admissable to oc-
cupy any main street with poles or other supports, where it is
practicable to penetrate any district or supply the occupants
of any one square by erecting such poles and supports in the
alley ways.
SEC. 2. All poles shall be straight and of sufficient
height to . carry any wires placed thereon, above and clear of
all obstructions growing out of the character of the adjoining
buildings, or the nature of the business carried on therein.
The height of poles shall in no case be less than thirty feet,
and shall be uniform except in unavoidble cases. All cxoss
arms shall be securely braced.
SEC. 3. The poles of a main line on any street must be
confined to one side, unless a special permit to the contrary
be granted.
SEc. 4. Poles intended for use in supplying electric
light or power, must be placed, whenever possible, on the op-
posite side of the street from telephone and telegraph poles.
If, however, streets or alleys are occupied on either side with
telephone and telegraph poles,the one or ; other may be
ordered removed to the opposite side by the City Council at
the mutual expense of said telephone or telegraph companies.
SEc. 5. Any company or person desiring to erect poles
or posts along the streets or alley ways, or public. places of the
city, shall first deposit with the City Treasurer, a sum suffi-
cient in the judgment of the City Council, to defray the cost
of restoring the pavements to their former condition. Poles
must not be deposited on streets more than two days previous
to their erection; (and in such manner. as to not obstruct the
traffic of pedestrians.)
REVISED CITY ORDINANCES. 337
SEC. 6. All poles now standing or hereafter erected for
the support of any overhead wires, shall be painted red, or
such color as the City Council may direct, and shall be
marked with the name or initials of the company owning
them, at a point five feet from the ground. If a pole be used
by more than one company, each cross arm, or if necessary,
each wire shall be marked or labeled so as indicate the owner.
SEC. 7. Roofs or other parts of buildings must not be
used in the support of wires, without the consent of the own-
ers thereof properly authenticated to the City Council.
SEC. 8. All conducting wires, excepting trolley wires
for electric railways, or for telegraph or telephone lines, must
be covered with a durable water proof insulation, embracing
not less than two coatings. Permits to string wires will be,
granted only after the approval of samples submitted to the
Electrician of the city, and Cotnmittee on Electrical construc-
tion; and no other wires than those thus approved by sample
may be strung.
SEC. 9. Wires for electric light and power must be
fastened to insulated supports by insulated tie,wires; the use
of iron tie wires is prohibited. All tie wires must have an in-
sulation equal tothat of the conducting wires.
SE'C. ro. All joints in wires must be secured by making
from five to seven turns on each side of cross, or by using an
improved metallic sleeve.
All joints must be insulated with not less than four layers
of durable water proof tape, and then covered with friction
tape, which shall be fastened' with a few turns of small in-
sulated copper wire.
SEc. Ir. Wires must be tightly stretched, and never
allowed to sag to such an extent as to be capable of coming
22
338 REVISED CITY ORDINANCES.
in to swinging contact with each other, or with signs or other
n eighboring objects.
The spacing of poles should be so determined as to
facilitate the observance of this rule.
SEc. 12. All wires should be so strung as to have a
clear space of not less than twenty feet at the point of lowest
sag, between the wires and the sidewalk or street:
SEc. 13. Overhead wires between which there is a dif-
ference of potential, must not be less than one foot a part,
and must swing clear of forcing contact between their in-
su lated supports.
No wires or cross arms shall be less than one foot distant
from the pole or other central support, whenever the City
Council may deem necessary for the safety of the public.
SEC. 14. Wires over roofs must be at least seven feet
above flat roofs at the point of lowest sag, and one foot above
the ridge of other roofs.
SEc. 15. Service wires from street main to where they
enter a building, must be separated by a distance of not less
than one foot on arc circuits, and by a distance of not less
than six inches on low potential circuits.
SEc. 16. Whenever it shall be necessary for any electric
light or power company to carry its wires across the line of
any telephone, telegraph or other electric light or power
company, it shall be at a distance therefrom of not less than
three feet. The party whose wires are underneath those of
the other, shall within five days, erect suitable guard wires to
prevent contact between the wires of the respective parties, in
case of breakage or disarrangement.
SEC. 17. Service wires must run horizontally from
REVISED CITY ORDINANCES. 339.
street mains to buildings, except in so far as this would con-
flict with the stipulation of Section 16, and then to the points
of entrance.
SEc. 18. In running along walls, all wires shall be
rigidly attached to the same by non -conducting fastenings,
and shall not hang from projecting insulators in loose loops;
all arc light wires shall be placed at not less than one foot,
and all incandescent light wires at not less than six inches
apart, and whenever they approach any conducting body
capable of furnishing a ground connection, they must be
rigidly secured, and separated from the sarne by some ap-
proved non-conductor. The use of porcelain knobs as in-
sulators on the outside of buildings is prohibited, except in
dry places, where an approved special insulation may be used
on the wires.
SEc. 19. Wires must not be so placed as to render it
easily possible for water to form a connection between them.
SEc. zo. Where electric light and power wires enter a
building, they must be encased in continuous pieces of hard
insulating tubing so inclined as to oppose the entrance of
water, and the outer end of this tubing must be sealed with
some plastic insulating material, in such manner as to ex-
clude all moisture.
SEC. 21. When angles occur in a line subjecting the
supports to increased strain, guard irons must be placed at the
outer ends of cross arm. Guard wires must also be placed
wherever their presence would prevent telephone, telegraph
or other wires from coming into accidental contact with
electric light wires. The cost of such guard irons and guard
wires shall be borne by the person or company making the
last construction.
SEC. . . ' All guy wires whether run by telegraph, tele-
340 REVISED CITY ORDINANCES
phone or electric light companies, must be kept at a distance
of not less than six inches from electric light or power wires,
or otherwise be thoroughly insulated at points, in danger of
contact with such wires.
SEc. 23. Wires for both arc and incandesent lighting,
must enter and leave a building through a suitable and ap-
proved cut-out switch, which is to be placed on the building
or neighboring pole, in a position easily accessable to police,
firemen and inspector.
SEc. 24. Arc lamps must be so placed as to leave a
clear space of not less than nine feet between the lamp and
the sidewalk.
SEc. 25. The frames and other exposed parts of arc
lamps must be well insulated from the circuit. The lamps
must be provided with globes so closed at the bottom as
to prevent the falling of sparks or carbons; broken globes
must be replaced at once.
SEc. 26. All circuits shall be provided with sotne ap-
proved device for declaring or detecting ground connections.
Tests for grounds shall be made at least three times each day.
When a ground connection occurs it must be found and
remedied without delay.
SEC. 27. The insulation resistance on all circuits shall
be maintained at a standard approved by the City Council of
the City of Dubuque; and every facility for testing circuits
shall be awarded the Electrician and his assistant.
SEc. 28. Loops, wires, poles and other supports no
longer in use, and of which there is no immediate prospect
for further use, shall be removed.
SEc. 29. Immediately after erection of any wiring, or
REVISED CITY ORDINANCES 341
other out -door construction for electric light or power, the
cotnpany or person erecting the same shall notify the City
Electrician that said work is ready for inspection, and no use
shall be made of such wiring or its appurtenances for the pur-
poses aforesaid, until approved by the Electrician or Com-
mittee on Electrical Construction, appointed by the City
Council.
SEc. 3o. Every lineman and lampman, shall wear a
badge in plain sight indicating his number and the company
or person by whom he is employed; and in case of fire this
badge shall serve as a pass to admit the wearer within the
fire lines.
SEc. 31. The fire department, of the city, shall erect in
the station of every electric light or power company, at the
Tatters' expense, a suitable gong connecting with the fire
lines, by which shall be indicated the location of all fires.
On the occurance of a fire in any district in which any com-
pany has wires, such company shall forthwith send a man
prepared to remove wires under the direction of the fire de-
partment.
• SEc. 32. In granting permits to erect poles for pur-
poses of electric light or power, the Council reserves the right,
if the interests of the city so demand, to authorize other
companies or persons to use the same poles for the same pur-
poses, upon the payment to the owner thereof, of a proper
compensation, to be determined by agreement between the
parties concerned, or by the Council in default of such
agreement. All permits will be subject to this condition,
and in accepting a permit the applicant binds himself
according thereto.
SEc. 33. The violation of any of these rules and regula-
tions of any section of this ordinance, shall subject the party
guilty of such violation,to such fines and penalties as the law
342 REVISED CITY ORDINANCES
may provide. On the refusal of any company or person to
make such alterations and repairs in their present or fut ure
constructions as may be demanded in conformity with all sec-
tions of this ordinance, the City Electrician shall order an d
execute such change and alteration at . the expense of the
company or person.
SEC. 34. In granting permits for overhead electric con-
struction in conformity with this ordinance, the City Council
reserves the right to add or modify said ordinance by amend-
ments,and also,after due notice has been given,to order any or
all electric wires to be placed in suitable conduits under ground
after the year of 1898. And the failure of any company or
person to comply with any of the provisions of the above or-
dinance shall be decided a misdemeanor, and a minimum fine
for the wilful violation thereof, shall be one dollar for each
twenty-four hours of failure to comply; and the failure on the
part of any company or person to comply with any of the
provisions of the above ordinance be decided a misdemeanor,
and a minimum fine for the wilful violation be one dollar for
each twenty four hours of failure to comply.
SEc. 35. Within thirty days after the adoption of this
ordinance, every electric light and power company, and tele-
phone company shall furnish the City Council with an ap-
proved plan of electric wiring or telephone wiring, showing
the locations of all poles and of all brackets and other sup-
ports on roofs, and shall renew such plan at the request of
the City Council.
Adopted Dec. 2, 1889.
CHAPTER CI.
AN ORDINANCE providing for compensation of the City
Electrician and designating who shall pay for same.
Be it Ordained by the City Council of the City of Dubuque:
SECTION i. That any person, partnership, or corpora -
REVISED CITY ORDINANCES. 343
tion operating, having or maintaining any poles in the streets
or alleys of the City of Dubuque for the stringing of wires for
the operation of any electric light, electric power, telephone,
telegraph, or other purposes, shall contribute to the compen-
sation of the City Electrician in proportion to the number of
miles of poles owned or controlled by each, or if house -top
lines are used instc-ad of poles, they shall contribute in pro-
portion to the number of miles of wire so erected or used.
SEc. 2. It shall be the duty of the City Electrician to
to report monthly to the City Auditor, the number of miles of
poles or wire so erected or used, and the City Auditor shall
make out bills for the pro rata amount due from each person
or company monthly and request payment of same.
Sc.E3. In case of neglect or refusal of any such person
or company to pay when demanded, the City Council may
direct the City Electrician to remove said poles or wires upon
giving five days' notice.
CHAPTER CIL
AN ORDINANCE granting to William Ryan, his heirs
and assigns, the right to slaughter hogs and horned cat-
tle, and to carry on the general meat packing business,
on land in the Dubuque Harbor Company's addition to
this city.
SEC. 1. Right to erect packing house.
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. Whereas, William Ryan, of Galena, Jo
Davies County, Illinois, proposes 'to erect a large meat pack-
ing house, on certain land lying east of Iowa street, and be-
tween Dodge and Jones streets, in the Dubuque Harbor Com-
pany's addition to this city, which he proposes to purchase;
and, whereas, he is desirous of having secured to him, his
344 REVISED CITY ORDINANCES REVISED CITY ORDINANCES. 345
heirs and assigns, forever, the right to slaughter hogs and
horned cattle, and to carry on the meat packing and curing
business in all its branches, on said premises, without which
he is unwilling to make such purchase and to in ur the ex-
pense necessary to prepare said premises for said business:
And, whereas, it is to the interest of the city to encourage
such undertakings, and we are willing, and it is our inten-
tion, hereby, to 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 make 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 slaughter
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 between Dodge and Jones streets, in the
aforementioned addition to this city, which he has already
bought or may hereafter purchase; Provided, That in the
carrying on of said business he shall not allow filth to accutnu-
late on said premises so as to thereby create a nuisance.
CHAPTER CIII.
AN ORDINANCE granting to the Dubuque Butchers' Asso-
ciation the right to erect a general slaughter house, and
imposing certain obligations in relation thereto.
SEC. 1. The Association. SEC. 5. Price to be charged.
2. ]tights and conditions. 6. Council may impose other
3. Business carried on. restrictions.
4. Facilities for slaughtering.
Be it Ordained by the City. Council of the City of Dubuque.
SECTION ]. Whereas, The Dubuque Butchers' Associa-
tion, an Incorporation under the Laws of the State of Iowa,
propose to erect and maintain on lots 429 and 43o, East Du-
buque, in the City of Dubuque, a large and improved slaughter
house, and necessary yards, stables, etc., with facilities ade-
quate to do all the slaughtering of animals required for con-
sumption in said city; and,
Whereas, The said Association has submitted to the City
Council plans and specifications, showing the general plan,
construction and material of the buildings proposed to be
erected as aforesaid, and which plans and specifications have
.been examined and approved liy the City Council; and,
Whereas, It is for the interest of the city that such a
building should be constructed and maintained wherein all
the slaughtering required in said city may be done, provided
the same can be operated without becoming a nuisance or
deleterious to the public health and comfort; therefore,
The City Council of the City of Dubuque hereby gives
and grants to said Dubuque Butchers' Association and its
successors, the right to construct and maintain on the lots
aforesaid, the general slaughter house yards and buildings
aforesaid.
SEc. 3. The rights and powers hereby granted are
upon the express condition that the said Butchers' Associa-
tion in maintaining and carrying on the said business and
buildings aforesaid, shall not allow filth or offal to accumu-
late or be in or about said buildings, or upon the said prem-
ises, nor in any drains, sewers, stream or streams flowing
from, through, by or in any manner used by said Association
in carrying on the business aforesaid, so as to become offen-
sive or deleterious to the public comfort or health, and should
said building, premises or the drains, sewers or streams flow-
ing from, through, or used by said Association in carrying on
said business, be allowed to become foul or offensive, or a
nuisance at any time, or in any manner, in the opinion of
r
346 REVISED CITY ORDINANCES.
the City Council of said city, then the rights hereby con-
ferred•may be revoked by the City Council, and said build-
ings and premises condemned and abated as a nuisance.
SEc. 3. The building or buildings aforesaid, shall be
constructed in substantial compliance with the plans and
specifications submitted to and approved by the City Council,
but such approval of the plans and specifications aforesaid,
shall not be construed to give any rights to said Association
to carry on said business in the buildings aforesaid, provided
said buildings when so completed and used do not fully an-
swer the purpose, and said business is not carried on in every
particular according to the letter and spirit of the ordinance.
SEC. 4. The said building or buildings and appliances
shall be of such capacity. as to afford ample facilities for
slaughtering for all butchers doing business in . said city,
whether they belong to said Association or not, and after the
completion .and opening of said slaughter house for business,
it shall be unlawful for any person to slaughter any animal
within the limits of the city, except the same be done in the
said building or on the premises of said Association as herein-
before set forth, or in the slaughter house of the_ Dubuque
Packing and Provision Company, and any person violating
the provisions of this section shall, upon conviction, be fined
not less than $ro nor more than $20, with costs of prosecution.
SEc. 5. The price to be charged for the use of said
premises for slaughtering may be determined by said Associa-
tion for any person using said premises for the purpose of
slaughtering, but the City Council hereby reserves the right
at any time by amendment to this ordinance to fix the price
to be charged any person or firm by said Association for using
said premises for slaughtering and to enforce the provisions
thereof by proper penalties.
.SEc. 6. The City Council at any time hereafter may in
4.
REVISED CITY ORDINANCES. 347
its discretion by ordinance, impose any other and further
restrictions upon said Association in the carrying on of said
business on said premises so far as sewerage, cleanliness, etc.,
and general police regulations are concerned, and nothing
herein shall be construed to limit the right of the city so to
do, and also to provide by proper penalties for any violations
of this ordinance or any subsequent amendment thereof.
Passed March 5th, 1883.
CHAPTER CIV.
AN ORDINANCE permitting and authorizing S. D. Ryan,
his heirs and assigns, to construct and maintain staging
and a covered platform on the levee, easterly and in front
of block 27, in Dubuque Harbor Company's Addition to
the City of Dubuque.
Be it Ordained by Me City Council of the City of Dubuque :
SECTION r. Whereas, S. D. Ryan, of Dubuque, Iowa,
is about to construct and operate a large meat packing house
on' block 27, in Dubuque Harbor Company's addition to the
City of Dubuque, Iowa; and
Whereas, For the convenient and successful maintenance
and operation of said meat packing establishment, said Ryan
should have the use of a part of the levee easterly from said
block 27;
Therefore, The City Council of Dubuque, now, hereby
grants permission (as fully and effectually as can be done) to
said Ryan, his heirs and assigns, to construct and maintain
staging and a covered platform on that part of the levee lying
easterly of said block No. 27, the same to be used in connec-
tion with and for the more convenient management and carry-
ing on of said meat packing establishment.
Provided, however, That an open drive or passageway
348 REVISED CITY ORDINANCES.
for the use and convenience of the traveling public, at least
sixty (6o) feet in width, shall be maintained and kept open
and fit for public travel immediately east of the east line of
said block 27; and, Provided, further, That said staging, plat-
forms, etc., shall be erected under the supervision and subject
to the approval of the City Engineer and Committee on Streets
of the City of Dubuque, and the said S. D. Ryan, his heirs
and assigns, hereby assutnes all damages or other liability
that may be incurred by reason of the erection, maintenance
or operation of said staging, platforms, etc., or otherwise in
connection with said meat packing establishment, and agrees
to hold the city hartnless in the premises; and the City of
Dubuque hereby reserves the right to make all usual and
reasonable police regulations with reference to the use of said
levee by said Ryan, his heirs or assigns, or with reference to
the maintenance and operation of said meat packing establish-
ment.
SEC. 2. This ordinance shall be in force from and after
its passage and publication one time in the official papers of
the City of Dubuque, and its- acceptance in writing by the
said S. D. Ryan.
Adopted July i5th, 189i.
Attest : CHAS. J. W. SAUNDERS, Mayor.
J. C. FITZPATRICK, Recorder.
Accepted August 3d, 189 r.
Published in Telegraph July 27th, 189t.
CHAPTER CV.
AN ORDINANCE for the vacation of Camp street from its
intersection with Water street easterly to the levee, and
permitting use of the same by S. D. Ryan for certain
purposes.
Be it Ordained by the City Council of the City. of Dubuque:
SECTION 1. Whereas, S. D. Ryan of Dubuque,- Iowa,
REVISED CITY ORDINANCES. 349
is about to erect a large meat packing house on block twenty-
seven (27) in Dubuque Harbor Company's Addition to the
City of Dubuque; and
Whereas, For the convenient and successful operation
and maintenance of said meat packing establishment, the use
of the easterly part of Camp street will be essential;
Therefore, The City Council hereby vacates and annuls
that part of Camp. street lying and extending easterly to
Water street, and the said S. D. Ryan, his heirs and assigns,
are hereby permitted and authorized to fill, grade and improve
and use that part of said street so vacated, in connection with
said meat packing establishment, and are authorized and per-
mitted to utilize said vacated street; and such authority is
conferred as fully and effectually as the City Council has the
power to grant the same.
SEC. 2. The portion of the street so vacated whenever
discontinued for packing house purposes shall revert to the
City of Dubuque, and the city shall not be required or ex-
pected to compensate said S. D. Ryan, his heirs or assigns,
for the filling or other improvements on same.
SEc. 3. This ordinance shall be in force from and after
its passage and publication in the official papers of the city
and its acceptance in writing by said S. D. Ryan.
Attest: CHAS. J. W. SAUNDERS, Mayor.
J. C. FITZPATRICK, Recorder.
Adopted July 15, 1891.
Published July 27, t891.
Accepted August 3, 189t.
350 REVISED CITY ORDINANCES.
CHAPTER CVI.
AN ORDINANCE granting to S. D. Ryan, his heirs and
assigns, the right to slaughter hogs and horned cattle and
to carry on a general meat packing business in the City
of Dubuque.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. Whereas, S. D. Ryan and his associates
propose to erect a large meat packing house on block 27,
Dubuque Harbor Company's Addition to Dubuque City, Iowa,
which property he proposes to purchase for said purpose; and
Whereas, He is desirous of having secured to him, his
heirs and assigns forever, the right to slaughter hogs and
horned cattle, and carry on the meat packing and curing
business in all its branches, on said premises, without which
he is unwilling to snake said purchase and incur the expense
necessary to carry on said business; and
Whereas, It is to the interest of the city to encourage
such undertaking, and we are willing, and it is our intention
hereby, to secure said S. D. Ryan, his .heirs and assigns, the
right aforesaid as fully and effectually as we can do so;
Therefore, In order to give effect to such intention on
our part, and as an inducement to said S. D. Ryan to make
such purchase, and to carry out said proposed undertaking,
we, the City Council of the City of Dubuque, do hereby grant
to said S. D. Ryan, his heirs and assigns, forever, full power
and authority to slaughter hogs and horned cattle, and carry
on the meat packing and curing business in all its branches
on said block 27, in Dubuque Harbor Company's Addition to
the city, which he has already bought or may hereafter
purchase; Provided, That in carrying on said business he
shall not allow filth to accumulate on said premises, as to
thereby create a nuisance.
REVISED CITY ORDINANCES. 351
SEC. 2. This ordinance shall be in full ,force and effect
from and after its passage by the City Council of Dubuque,
and after its publication in the official papers of the city, and
its acceptance in writing by said S. D. Ryan.
Adopted July r5th, 1891.
Attest. CHAs. J. W. SAUNDERS, Mayor.
J. C. FITZPATRICK, Recorder,
Accepted August 3d, 1891.
Published July 27th, 1891.
CHAPTER CVII.
AN ORDINANCE granting J. H. Strobel, his heirs and
assigns, the right to slaughter Hogs and Horned Cattle,
and to carry on the general Meat Packing business in
the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque:
SECTION T. Whereas, J. H. Strobel proposes to erect a
meat packing house on lots 413, 414, 415, 416 and 417 in
East Dubuque, Dubuque City and County, State of Iowa; and
Whereas, He is desirous of having secured to him, his
heirs and assigns, forever, the right to slaughter hogs and
horned cattle, and carry on a meat packing and curing busi-
ness in all its branches on said premises, without which he is
unwilling to incur expense necessary to carry on said busi-
ness; and
Whereas, it is to the interest of the city to encourage
such undertaking, and we are willing, and it is our inten-
tion hereby, to secure to said J. H. Strobel, his heirs and
assigns, the right aforesaid as fully and effectually as we
can do so.
Therefore, in order to give effect to such intention on
our part, and as inducement to said J. H. Strobel to carry out
Er
352 REVISED CITY ORDINANCES
his proposed undertaking, we, the City Council of the City
of Dubuque, do hereby grant to said J. H. Strobel, his heirs
and assigns, forever, full power and authority to slaughter
hogs and horned ;cattle and carry on a meat packing and
curing business in all its branches on said lots 413, 414, 415,
416 and 417 in East Dubuque, Dubuque City and County,
State of Iowa, which lae has bought; Provided, That in
carrying on said business he shall not allow filth to accumu-
late on said premises as to thereby create a nuisance.
SEC. 2. This ordinance shall be in full force and effect
from and after its passage by the City Council of the City of
Dubuque and after its publication in the official papers of
said city and its acceptance in writing by said J. H. Strobel.
Attest: CHAS. J. W. SAUNDERS, Mayor.
J. C. PITZPATRIcx, Recorder.
Adopted by the City Council December 7, 1891.
Published January 12, 1892, in Dubuque Daily Telegraph.
CHAPTER CVIII.
AN ORDINANCE- granting to the Dubuque Packing and
Provision Company the right to build and maintain a
Slaughter and Packing House, and imposing certain
obligations in relation thereto.
Be it Ordained by the City Council of the City of Dubuque :
SECTION r. Whereas, the Dubuque Packing and Pro-
vision Company, a corporation under the laws of Iowa, pro-
poses to build and maintain on lots 418, 419, 42o, 421 and
422, East Dubuque, in the City of Dubuque, a large and im-
proved slaughter and packing house, and necessary yards,
stables, etc., with facilities for the slaughtering of animals
for consumption in said city, and for the slaughtering, curing
and packing of meats, and -
Whereas, The said company has submitted to the City
REVISED CITY ORDINANCES. 353
Council plans and specifications showing the general plan,
construction and material of the buildings proposed to be
built as aforesaid, which plans and specifications have been
examined and approved by the City Council, and
Whereas, It is for the interest of the city that such a
building should be constructed and maintained wherein such
slaughtering, caring and packing may be done; Provided,
the same can be operated without becoming a nuisance or
deleterious to the public health and comfort; therefore,
The City Council of the City of Dubuque, hereby gives
and grants to the said Dubuque Packing and Provision Com-
pany and its successors, the right to build and maintain on
the lots aforesaid, the slaughter and packing house, buildings,
yards and stables aforesaid.
SEc. 2. • The rights and powers hereby granted, are up-
on the express condition that the said company or its suc-
cessors, shall not allow filth or offal to accumulate, or be in
or about the building or premises, nor in any drains, sewers,
stream or streams flowing from, through or by the premises,
or in any manner used by said company or its successors in
carrying on its business, so as to become offensive or deleteri-
ous to the public comfort or health, and should the business,
buildings, premises, drains, sewers or streams aforesaid, or
any of theta allowed to become foul or offensive, or a nuisance
at any time, or in any manner in the opinion of the City
Council of said city, then the rights hereby conferred may be
revoked by the City Council, and said buildings and premises
condemned and abated as a nuisance.
SEC. 3. The building or buildings aforesaid, shall be
constructed in substantial compliance with the plans and
specifications submitted to and approved by the City Council,_
but such approval of the plans and specifications aforesaid,
23
354 REVISED CITY ORDINANCES
shall not be construed to give any rights to said company or
its successors, to carry on said business in the buildings afore-
said, Provided, said buildings when completed and used do
not fully answer the purpose, and said business is not carried
on in every particular, according to the letter and spirit of
of this ordinance.
SEE. 4. The price and condition of the use of said
premises for slaugthering, shall be uniform for butchers
doing business in said city, whether members of said cor-
poration or not, and with this restriction the same may be de-
termined by said company, for any person using said premises
for the purpose of slaughtening, but the City Council hereby
reserves the right at any time, by amendment to this ordin-
ance, to fix the price to be charged any person or firm for
using said premises for slaughtering and to enforce the pro-
visions thereof by proper penalties.
SEc. 5. The City Council at any time hereafter, may
in its discretion by ordinance, impose any other and further
restrictions upon said company or its successors, in the carry-
ing on of said business on said premises, so far as sewerage,
cleanliness, freedom from offensiveness, etc., and general
police regulations are concerned, and nothing herein•shall be
construed to limit the right of the city so to do, and also to
provide by proper penalties for any violations of this ordin-
ance or any subsequent amendment thereof.
SEc. 6. This ordinance shall take effect from and after
the date of its publication in the official papers of the city.
Adopted August 5th, 1889.
Attest: J. C. FITZPATRICK, JOHN TREXLER,
Recorder. Mayor Pro Tem.
Published August 31st, 1889.
REVISED CITY ORDINANCES. 355
CHAPTER CIX.
AN ORDINANCE granting to the Dubuque & Minnesota
Railway Company the right of way through the City of
Dubuque.
SEC. 1. Must grade streets and alleys. SEC. 3. To grade crossings.
2. Culverts. 4. To comply with police regulations
Be it Ordained by the City Council of the City of Dubuque:
That in consideration of the performance of the conditions
hereinafter specified, the right, authority and permission are
hereby granted to the Dubuque & Minnesota Railway Com-
pany to lay down a single track of its road from the point
where the north line of 6th street intersects the center line
of Washington street, at Station o, 25% feet; thence N.
50 35! E.
Station -1 X 74 9-ro curve to left (intersection angle
1o°14') to Station 5 X 16, thence N. 4° 5o' W.
Station 12 X 68 curve to left (intersection angle 24° 52')
to Station 17 X 12, 75 being center of Pine and Eleventh
streets; thence in the same curve to Station 18 X 28.5, thence
N. 29° 45' W., following the center of Pine street to a point
between Sixteenth and Seventeenth street.
Station 35 X 38 curve to right (intersection angle 54°
16') to Station 44 X 7, 8 thence N. 25° ro' E., across Collier
Creek and running through the center of Peosta street.
Station 73 X 48, 5, curve .to the lett (intersection angle
7° 3o') to
Station 75 X 36, thence N. r7° ro' E.
Station 79 X 12, curve to the right (intersection angle
8° 04') to
Station 83 X 15, 3 thence N: 25° 15' E.
356
REVISED CITY ORDINANCES.
Station 90 X 13, 4 curve to the left (intersection angle 6°
24') to
Station 93 X 33, 4 thence N. 19° E.
Station 95 X 58, 3 curve to the right (intersection angle
6° 02') to
Station 98 X 59, 9 thence N. 25° 02' E.
Station ioo X 58, 9, curve to the right (intersection angle
I2° 20') to
Station Ioo X 7o thence N. 36° 50' E.
Station. io6 X 19, 2 curve to the left (intersection angle
9° i6') to
Station 109 X 28, o8 thence N. 27° 45' E.
Station 116 X 52, 5, curve to the left, (intersection angle
5°) to
Station 119 X o, 2.5, thence N. 22° 40' E.
Station 131 X 18, 7, curve to the left, (intersection angle
16° 55') to
Station 136 X 82, 6, thence N. 5° 45' E.
Station 143 X 47, curve to the left, (intersection angle
35° 31') to
Station 149 X 39, thence N. 30° 05' W.
Station 152 X 89, curve to the left, (intersection angle
10° 50') to
Station 154 X 69, thence N. 40° 35'W.
Station 164 X 63, curve to the left,(intersection angle 5°
02') to
Station 169, X 495, thence N. 45° 55' W.
Station 171 X 70, curve to the left,(intersection angle 4°
oi') to
Station 173 X 70, thence N. 49° 15' W.
Station 178 X o5, curve to the left,(intersection angle 9°
28') to
Station 179 X 94, thence N. 58° 45' W., crossing 'the
northern boundary of the City of Dubuque at Station 181 X
16, 5, and forever thereafter maintain and use the same for
REVISED CITY ORDINANCES. 357
passage of locomotives, cars and trains of cars, upon the fol-
lowing conditions, to be performed by said company, viz :
1st. Said company, whenever required by the City Au-
thorities, 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 any easy passage for carriages and other vehicles on
either side of said track, and shall keep said track properly
ballasted, and the space between the rails and to the end of
the ties so graded that carriages 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 ad-
mit the free passage of all water that may flow down such
street or alley.
3rd. That at the place where said track shall cross any
street or alley, said company shall, whenever directed by the
city authorities so to do, at its own proper cost, grade such
street or alley to a level with such track, and pave or plank
the space between •the rails the entire width of such street or
alley in such manner,as will afford an easy passage for wagons
or other vehicles.
4th. That said company shall strictly comply with all
reasonable police regulations which the authorities of said city
may establish in relation to the running of cars on, said track
within the city limits.
This ordinance shall 'be in force from and after notice in
writing of the acceptance by saidcompany of the provisions
thereof given by said company to the Mayor of the city, and
the publication of said ordinance in the Dubuque Daily
Times, at the expense of the said railroad company.
Passed October 31st, 1870:
358 REVISED CITY ORDINANCES.
CHAPTER CX.
AN ORDINANCE granting to the Dubuque, Bellevue &
Mississippi Railway Company, and to the Dubuque &
Minnesota Railway Company the right of way through
the City of Dubuque.
SEC. 1. Must grade on each side of track. SEC. 4. City police regulations.
2. Culverts and drains. 5. Company notice of acceptance.
3. Must grade street and alley.
Be it Ordained by the City Council of the Ctiy of Dubuque:
That in consideration of the performance of the conditions
hereinafter specified the right, authority and permission are
hereby granted to the Dubuque, Bellevue & Mississippi Rail-
way Company, their successors and assigns, and to the Du-
buque & Minnesota Railway Company, their successors and
assigns, to lay down a single track of railway from the point
where the center line of Pine street intersects the center line
of Eleventh street in said city, thence along the center line of
Pine street in an easterly direction to the west line of the old
canal, thence southerly along the west line of the old canal to
the north line of Seventh street; thence along the old levee to
the north line of Sixth street; thence along the old levee on
the west side of the track of the Dunleith & Dubuque Bridge
Company to the north line of First street; thence over and
across First street to the point where the center line of the
alley between Main and Iowa streets intersects the south line
of First street; thence along the alley betweennMain and Iowa
streets in a southerly direction to the south line of Railroad
avenue; and thence along or over any street, alley or public
ground to the southern boundary of the city, and forever
thereafter maintain and use the same for the passage of loco-
motives, cars, and trains of cars, upon the following con-
ditions to be performed by said companies, viz:
1st. Said companies, whenever required by the city au -
REVISED CITY ORDINANCES 359
thorities, shall fill and 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 affoi d 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.
end. That on each side of each street or alley at the
place where said track crosses the same, the company which
may lay down or use the same, shall construct and maintain
suitable culverts and drains, that will admit the free passage
of all water that may flow down such street or alley.
And at the place where said track may cross Second street,
a culvert of not less than eighty-six feet in width, and of
sufficient height to permit an easy passage of teams and
wagons under said track.
3rd. That at the place where said track may cross any
street or alley, and along the levee where such track may be
laid, the company which may lay down or use such track
shall, whenever directed by the city authorities so to do, at
its own costs and expense, grade such street, alley or levee to
a level with such track, and pave or plank the space between
the rails the entire width of such street or alley, in such mari-
ner as will afford an easy passage for wagons and other vehi-
cles.
4th. That said companies shall strictly comply with all
reasonable police regulations which the authorities of said
city may establish in relation to the running of trains on said
track within the limits of said city.
5th. That this ordinance shall be in force from and after
notice in writing of the acceptance by said companies of the
360 REVISED CITY ORDINANCES
provisions hereof, given by said companies to the Mayor of
the city, and the publication of this ordinance in the Dubuque
Daily Times at the expense of said companies.
Passed February 2, 187i.
CHAPTER CXI.
AN ORDINANCE granting to the Chicago, Milwaukee &
St. Paul Railway Company the right of way through and
upon certain streets in the City of Dubuque.
SEC. 1. Rights and privileges. SEC. 4, Shall maintain culverts.
2. The streets and alleys. 5. Crossings kept in good repair by
3. City has control of company in company.
certain things. 6. Police regulations.
Whereas, The Chicago, Milwaukee & St. Paul Railway
Company, as the successors of the Chicago, Clinton, Dubuque
and Minnesota Railway and other railway companies, re-
quires greater trackage and increased facilities for transact-
ing its business within the City of Dubuque, therefore, in
order to grant such required facilities to said company,
Be it Ordained by the City Council of the City of Dubuque:
SEcTioN i. That all the rights and privileges hereto-
fore granted by this city under an ordinance adopted Feb-
ruary 2, 1871, ehtitled "An Ordinance granting to the Du-
buque, Bellevue & Mississippi Railway Company the tight
of way through the City of Dubuque," and all other rights
and privileges heretofore granted by, this city to any company
or companies which have succeeded either or all of the com-
panies named in said ordinances in the ownership of their
respective railroads, are hereby fully ratified, confirmed and
re -assured to said Chicago, Milwaukee & St. Paul Railway
Company, which is hereby recognized as the successor in
ownership, and as being entitled to all the rights and privi-
leges heretofore granted by this city to any of said companies.
SEC. 2. That, in consideration of the conditions herein -
a
•
REVISED CITY ORDINANCES. 361
after mentioned, the right, authority and permission are
hereby given and granted to the said Chicago, Milwaukee &
St. Paul Railway Company to lay down and construct one or
more railway tracks, as may be necessary, over, across, and
along the following streets and alleys in said city, to -wit:
All streets, alleys or other places over which the right to lay
down a railway track was granted by said ordinance adopted
February 2, 1871, to the said Dubuque, Bellevue, & Missis-
sippi Railway Conpany and the -Dubuque& Minnesota Rail-
way Company, and by said ordinance adopted October 31,
1870, to the said Dubuque & Minnesota Railways Company,
also the right of way over and across such parts of White
street and Fourth street as may be necessary to make proper
tracks and switches to and over the property of said company
granted herein, on lots No. 304 and 747 in said city; also the
right to use a part of Front street lying east of said lot 747,
upon which to construct adepot and proper approaches thereto,
resting partly upon said last named lot and said Front street,
gas may be located by -said company, that part of Front street
upon which said depot may be built as aforesaid being as
follows, to -wit : All that part of Front street lying between
Third and Fourth streets and extending easterly from the
easterly line of lot 747 to aline drawn within twenty-one (21)
feet of the center line and parallel with the present marn
line of the Chicago, Milwaukee & St. Paul Railway, and
more particularly designated by reference to the map on file
in the office of the City Engineer as that part of Front street
within yellow line marked " Proposed Freight Depot, 27oby
5o," and showing the proposed location of said depot. The
said Chicago; Milwaukee & St. Paul Railway Company to
have and use all the above granted rights and privileges to
itself, its assigns and successors for the purpose 'herein de-
clared forever.
SEC. 3. Said Chicago, Milwaukee & St. Paul Railway
•
■
362 REVISED CITY ORDINANCES REVISED„ CITY ORDINANCES. 363
Company shall, whenever required by the city authorities so
to do, fill and raise to high-water mark the streets, alleys and
highways along or over which they may lay such track or
tracks, and so grade the same as to afford an easy passage for
wagons and other vehicles on either side of the same, and
shall keep such track or tracks properly ballasted and the
space between the rails and to the ends of the ties so graded
that all vehicles may easily pass thereover, and shall plank
the space between the rails on the streets aforesaid when`re-
quired by said city so to do.
Sic. q.. That on both sides of each street or alley, at the
place where any track may cross the same, said company
shall construct and maintain suitable culvert drains to admit
the free passage of all water that may flow down such street
or alley.
SEC. 5. That at the crossing of any street, alley or levee
by any track, said company shall, whenever directed by the
city authorities so to do, at its own expense, grade such street,
alley or levee to a level with such track, and pave or plank
the space between the rails, the entire width of such street,
alley or crossing in such manner as will afford easy passage
for all vehicles.
SEC. 6. That said company shall strictly comply with
all reasonable police regulations which the authorities of
said city may establish in relation to the running of trains
upon its tracks, or for the protection of life and property
within said city limits.
Passed March 23, 1881.
CHAPTER CXII.
AN ORDINANCE vacating the sidewalk on the east side of
White street from Fourth to Sixth street and dedicating
the premises included therein to general highway pur-
poses, in connection with buildings to be erected by the
Chicago, Milwaukee & St. Paul Railway Company.
Whereas,•The Chicago, Milwaukee & St. 'Paul Railway
Company is the owner of the property abutting on the east
side of White street from Fourth to Sixth street, in this city,
and the east end of Fifth street has been vacated for the use
of said company ; and,
Whereas, said company is about to erect buildings on a
portion of said premises, so that the west wall of said build-
ings will be along the east line of the sidewalk ; . and,
Whereas, To make proper use of such buildings, it is
necessary that the sidewalk should be used for teaming and
general highway purposes ; and,
Whereas, before incurring the expense of erecting such
buildings as aforesaid, said company desires to be assured in
the right of itself and the public generally so to use ssid
sidewalk ; therefore,
Be it Ordained by the City Council of the City of Dubuque
SECTION I. That that portion of White street along the
east side thereof now set apart for sidewalk purposes, extend-
ing from the south line of Sixth street to the north line of
Fourth street, be and the same is hereby vacated so far as its
uses for sidewalk purposes are concerned, and is hereby, and
so long as said railway company, or its assigns, shall main-
tain its buildings as aforesaid, designated and set apart for gen-
eral highway purposes, and said company and its assigns are
hereby empowered, and by acting on the permission hereby
• given, shall he considered obligated to macadamize, pave or
364 REVISED CITY ORDINANCES.
otherwise improve and maintain that portion of said street
included in the sidewalk hereby vacated, in a fit and proper
condition for teaming purposes, under the direction of said
city, and said company and the public generally are hereby
authorized and empowered to use the satne to stand thereon
any team and wagon, or teams and wagons, while engaged
loading into or from said company's building, or engaged
hauling to or from the same, and to pass to or from the satne,
and all ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
Sue. 2. The Chicago, Milwaukee -& St. Paul Railway
Company, its successors and assigns, in consideration of the
vacation of said sidewalk, hereby obligates itself, whenever
required by said city, to construct and maintain at its own
expense, suitable drains, sewers and culverts for public draiJ
age, over and across the sidewalk aforesaid and premises
adjacent thereto; and also along Sixth street abutting upon
said premises and vacated street on the north, the same to be
constructed at such places and in such manner as said city
may direct.
Passed September 5, 1881.
CHAPTER CXIII.
AN ORDINANCE granting the right of way to the Dun-
leith & Dubuque Bridge Company for a railroad across
and along certain streets, alleys, levees and public prop-
erty in the City of Dubuque, and giving the right to lo-
cate the westerly end of said bridge on the outer levee.
SEC. 1. Bridge company. SEC. 2. Must keep streets in repair.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That the right of way be, and is hereby
granted to the Dunleith & Dubuque Bridge Company across
and along all streets, alleys, levees public grounds or property
of the City of Dubuque, with the right to lay proper tracks.
REVISED CITY ORDINANCES.
365
along the same, as are embraced within the following limits,
to wit : All streets, alleys, levees, public grounds or city
property lying east of a line commencing at Railroad avenue,
on the west side of the alley, between Main and Iowa streets .
thence along the west side of said alley to Jones street ;
thence northerly along the west side of Iowa street to Second
street ; thence to west side of inner levee ; thence along west
side of inner levee to north side of Sixth street ; thence
northerly along the west side of Jackson street to Ninth
street ; thence along north side of Ninth street to Washing-
ton street ; thence along west side of Washington street to
Eighteenth ; thence easterly to the rnain channel of the
Mississippi river ; also the right to abut the westerly end
of said bridge at the outer levee between Sixth and Seventh
streets, or on either of said streets ; reserving, however, to
the City Council the right to make all needful and useful
regulations concerning the running of trains, the speed of
the same, and all other proper police regulations: Provided,
That the rights herein granted to the said Dunleith & Du-
buque Bridge Company shall cease and determine as to all
streets, alleys or other property not actually occupied by the
tracks of said company or selected by said company for track
or tracks, to be forthwith constructed within three years from
the date of this ordinance.
S4C. 2. That it shall be the duty of said Dunleith &
Dubuque Bridge Company, and their assigns, to keep up and
maintain in good order and repair all the crossings of the
streets and alleys in said City of Dubuque, also to repair and
restore to good order and condition any and all sewers, curbs,
or other public improvements, which may be injured, dam-
aged or destroyed in constructing or using said track or tracks.
Alk
366 REVISED CITY ORDINANCES.
CHAPTER CXIV.
AN ORDINANCE granting to the Illinois Central Railroad
Company the right of way over and along certain streets
and alleys in the City of Dubuque.
SEC. 1. Company to lay track.
2. Where to lay.
3. To grade alley.
SEC. 4. Track to be laid to grade.
5. Notice of acceptance
SECTION 1. That permission be, and the same is hereby
granted to the Illinois Central Railroad Company, its suc-
cessors and assigns, to lay down and operate a single railway
track from a convenient point on the Bridge Company's track,
north of First street and south of Second street, to the alley
on the south side of and intersecting the south line of said
street between Main and Iowa streets, and thence south along
said alley to the south side of Railroad avenue.
SEC. 2. That the ordinance heretofore adopted, entitled
"An Ordinance granting to the Dubuque, Bellevue & Mis-
sissippi Railway Company and to the Dubuque & Minnesota
Railway Company the right of way through the City of Du-
buque," passed February 2, 1871, be, and the same is hereby
so far modified, that the said Dubuque, Bellevue & Mississippi
Railway Company, and said Dubuque & Minnesota Railway
Company, their successors and assigns, shall be permitted
and required to lay their track on one side of said alley,
while the said Illinois Central Railroad Company shall lay
its track, herein authorized, on the other side of the same.
SEc. 3. That whenever required by the City Council of
this city, said Illinois Central Railroad Company shall, at its
own expense, grade the one-half of said alley on which its
track shall be laid, and that portion of any street crossed and
occupied by its track, shall keep the space between the rails,
and to the end of the ties so graded that carriages and other
vehicles may easily pass over the same, and on each side of
REVISED CITY ORDINANCES. 367
every street crossed by its said track shall construct and
maintain suitable culverts and drains, so that the free passage
of water shall not be interfered with by the track hereby
permitted, shall at street crossings plank between the rails,
and make suitable approaches to enable 'vehicles to cross its
track, and shall strictly comply with all reasonable police
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. q.. That the track herein authorized shall be laid
to the grade established by the city, and should the grade be
changed by the city at any time, the said track shall be
changed to conform to such change of grade, such change of
the track to be made at the expense of the company, and the
company to have no claim against the city for damages
because of such change.
SEC. 5. That this ordinance shall be in force from and
after notice in writing of the acceptance thereof, by said Illi-
nois Central Railroad Company, given to the Mayor of this
city, and the publication of this ordinance in the official
papers of this city, at the expense of said company.
Passed December 2, 1874.
CHAPTER CXV.
AN ORDINANCE granting to the Illinois Central Railroad
Company the right to extend the railroad track operated
by it on Jackson street to Tenth street in the City of
Dubuque.
SEC. 1. Rights extended.
2. Eighth street crossing.
SEC. 3. City may revoke privileges.
4. Ordinance in force
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That permission, with the right of way, be.
and the same is hereby granted unto the Illinois Central Rail-
368 REVISED CITY ORDINANCES.
road Company, to extend the railroad track now operated by
it on Jackson street, in the City of Dubuque, from its present
terminus near Eighth street, up and along said Jackson
street to its intersection. with Tenth street, said company to
have and use such •extended track with the same rights and
privileges and under the same conditions, limitations and re-
strictions as are given and imposed by the ordinance author-
izing and regulating the Dubuque Lumbermen & Manufac-
turers' Railroad Company, adopted July io, 1869.
SEC. 2. Provided, That in the construction of said
track across Eighth street, the same be so constructed as not.
to interfere with the capacity of the sewer on said street, or
the flow of water therein, and that the extension aforesaid be
made under the supervision and to the satisfaction of the
Committee on Streets of said city.
SEc. 3. That the city reserves the right to revoke the
privileges hereby granted at any time after five (5) years.
SEc. 4. That this ordinance shall be in force from and
after one publication of the same in the official papers of the
city, said publication to be without expense to the -city.
Passed May 2, 188r
CHAPTER CXVI.
AN ORDINANCE granting to the Illinois Central Railroad
Company the right to lay a switch and side-track.
Be it Ordained by the City Council of the City of Dubuque:
SECTION Z. That pertnission be and is hereby granted
to the Illinois Central Railway Company, its successors and
assigns, to lay and operate a switch or single railway track ou
Washington street, in the City of Dubuque, from the main
line of railway on said street to a point opposite and along
the Dubuque Oat Meal Mill.
REVISED CITY ORDINANCES. 369
SEC. 2. That said Illinois Central Railroad Company,
and,their successors and assigns, whenever required by the
City Council of said city, shall, at its own cost and expense,
so grade the street or part thereof on which said track may
be laid, and pave or plank the space between the rails and
the ends of the ties, in such manner as will afford an easy
passage for wagons or other vehicles, and place the grade of
said track as may be directed by the city authorities, and in
all things comply with the ordinances of said city, so far as
the obstruction of streets and gutters are concerned, and not
inconsistent with the permission hereby given.
SEC. 3. That at any time after the period of three
years from the first of May, 1882, the said city may revoke
the rights hereby granted.
Passed July 3, 1882.
CHAPTER CXVII.
AN ORDINANCE granting right of way to the Illinois
Central -Railroad Company over certain streets and pub-
lic grounds, in the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That authority b�, and the same is, hereby
granted to the Illinois ;Central Railroad Company, its suc-
cessors and assigns, to use so tnuch of the public grounds
and highways of this city, as may be necessary, and on which
to construct, operate, and forever maintain and use railroad
tracks for the running of locotnotives, cars and trains of
cars, for the uses and purposes of its railroad, as follows:
A single track from a point of junction with the Dunleith
& Dubuque Bridge Company's track north of Fifth street,
to be selected by the engineers of said Railroad Company;
thence southerly to a point where the center line of said
�4
370 REVISED CITY ORDINANCES.
Bridge Company's track will be twenty-eight (28) feet distant
from the center line of said new track; thence southerly and
parallel to said Bridge Company's track, maintaining said
distance from center to center therefrom to and across Jones
street.
Also such tracks as may be necessary to connect in a
proper and suitable manner the track to be laid as aforesaid,
with whatever tracks may be laid by said company, its suc-
cessors or assigns, on block number two (2) in the Dubuque
Harbor Company's addition to the City of Dubuque; also
such tracks as may be necessary across Jones, Dodge, Charter
and Camp streets and Railroad avenue, in said Harbor Com-
pany's addition, east or west of Iowa street, to connect or
extend any tracks said Railroad Company may construct or
lay on or along the property now owned by it, on either side
of said street.
Also a track from the south side of First street along
Warren street, in said Harbor Company's addition, southerly
to connect with tracks laid, or that may be laid by said com-
pany on Iowa street.
It is understood that this ordinance shall be construed to
be a mutual contract between the City of Dubuque and said
Illinois Central Railroad Company, and in consi d eration of
the rights and privileges. hereby conferred upon said com-
pany, it hereby agrees, and by acting in any manner in pur-
suance of this ordinance, shall be taken to contract, and
agree as follows : That with all reasonable diligence, after
the passage of this ordinance, it will lay the track from Jones
street north, first hereinbefore provided for; that, as required
by the resolution of the City Council of this city,.heretofore
passed on the subject, it will fill to grade the west one hun-
dred feet of blocks two, three and nine, and the east half of
blocks one and ten, in the Dubuque Harbor Company's ad -
REVISED CITY ORDINANCES. 371
dition; that it will fill Iowa streetto its full width between
First and Jones street, and construct and maintain -a substan-
tial plank sidewalk four feet wide, as nearly as practicable,
along the east side of that portion of that street; that it will
grade and macadamize said portion of said street the full
width of the same on either side of the Bridge Company's
track; that it will not allow its cars to stand to be loaded or
unloaded on .Iowa street at its junction with First street; that
it will plank with good oak plank between the rails of all its
tracks on Iowa street where it joins First street and on First
street, and in a, similar manner between said tracks; that
where any of its said tracks lie next to said Bridge Company's
track, or the track of the Chicago, Milwaukee & St. Paul
Railroad Company, it will plank as aforesaid, one-half of the
space from any of its said tracks towards the track of such
other company as aforesaid; that it will at all times maintain
the planking so to be done in good order and condition; that
it will so grade and cover with hard material the slopes
from said Bridge Company's track at Second and Fourth
streets the full width of said streets; that the incline on them
shall not be any greater than it is at present; that any rail-
road company which has not now a line of road into this city,
and which hereafter builds a new line of railroad into the
city, shall have the right to cross with its main line of road
at any point north of the south line of First street the track
authorized by this- ordinance to be laid north thereof, they
point of crossing to be designated by the City Council, and
the crossing to be put in and maintained at the joint expense
of both companies; that it will in a. proper and suitable man-
.ner at all street crossings of the tracks hereinbefore contem-
plated, plank in nfanner aforesaid between the rails and be-
tween the tracks where it has more than one track, and
maintain the same in good order and condition; that it will
carry all sewers and drains crossed by any of said tracksun-
der and across the same so that said drains and sewers shall
872 REVISED CITY ORDINANCES
not be obstructed by the construction of any of said tracks;
that it will construct and maintain, whenever required by
the City Council, other suitable culverts and drains under
said tracks to admit of proper drainage under the same; that
as the property abutting on Warren street is filled by the
owners, said company will fill said street to keep apace with
such filling so that said street shall at all times be filled as
high as said abutting property; that all of said work shall be
done to the satisfaction of the City Council of this city, and
the planking hereinbefore provided for, shall be done so that
vehicles can easily pass over the side tracks and crossings,
and shall extend across the full width of the streets crossed;
and said Illinois Central Railroad Company shall further be
taken to agree, as aforesaid, that, if within three years from
the date of the passage of this ordinance, it is requested so to
do by the City Council, for the main line of a new road built
into the city after the passage of this ordinance, or at the
time of such request, so being built by a company not now
having such a line of road, it will, within a reasonable time
after such request is made, and fora reasonable compensation,
in no event to exceed the sum of six thousand dollars, and
after proper legal authority is assured to it by the city author-
izing it so to do, do whatever filling may be necessary to pre-
pare a bed on which one such main railroad track can be laid
from the north line of First street to the south line of Sixth
street, the center line of such main track not at any point to
be more than fourteen feet east from the center line of the
track which shall be laid by said Illinois Central Company
in the same locality iii pursuance of this ordinance.
The compensation herein provided to.. be paid said Illi-
nois Central Railroad Company for the doing of the filling as
aforesaid to be paid, or secured to be paid, to the satisfaction
of said company, before it shall be obliged to do said work.
SEc. 2. That the tracks laid in pursuance of this ordi-
REVISED CITY ORDINANCES. 373
nance shall be laid to grade established or that may be estab-
lished by the City Council, and shall be raised or lowered
by the expense of said Illinois Central Railroad Company, as
said Council may alter the grade of the street affected by
them.
SEC. 3. That said company shall strictly comply with
all reasonable police regulations which the authorities of said
city may establish in relation to the running of cars on said
tracks within the city limits.
Passed January 8, 1883.
CHAPTER CXVIII.
AN ORDINANCE granting to C. H. Booth and H. L.
Stout the right of way for a railroad track over and along
certain public property and highways in the. City of Du-
buque.
Be it Ordained by the City Council of the City of Dubuque:
SECTION i. That permission be, and the same is hereby
granted to Caleb H. Booth and Henry L. Stout, their suc-
cessors, assigns, and legal representatives, to lay down and
operate a single railway track from a convenient point on the
Dunleith & Dubuque Bridge Company's track between
Fourth and Fifth streets, over and along the public property
owned by the city, in an easterly direction to and along the
alley between Third and Fourth streets, and along said alley
easterly to the outer levee, as shown on the plat of Booth's
addition.
SEC. 2. The said franchise is given upon the express
condition that the track so permitted to be laid and operated
shall be put in at a grade to be approved by the City Coun-
cil, and in such a manner as not to obstruct, or in any way
interfere with, the use of what is known as the "one hundred
374 REVISED CITY ORDINANCES.
foot strip," lying east of the Bridge Company's track,
by after
any
and
line or lines of railway which the
condition
authorize to be laid thereon; upon the further
that the City of Dubuque shall have the right to im-
pose any reasonable police regulations in connection with the
use and operation of said track, and also to require said
Booth & Stout, their assigns or legal representatives, to
plank, pave or macadamize between and adjacent to the rails
of their said track, where it may e ids said may one orhundred
o ed occupy n
t
strip, or any street or alley which
Booth's addition.
SEc. 3. That in the construction of the track provided
for herein, sufficient waterways shall be left, in the discretion
and under the direction of the city, to allow the overflow of
water where said track crosses the inner and outer sloughs.
SEC. 4. The rights hereby conferred are to be accepted
and acted upon, and said track laid and operated in accord-
ance with the provision of this ordinance, within the period
of five years from the date of the passage of this ordinance,
and if not so laid and operated within se anddetermine.the time
maforesaid, all
rights hereby granted shall
Passed January 8, 1883.
CHAPTER CXIX.
AN. ORDINANCE granting to Ingram, Kennedy & Day the
right to lay a railway track.
SEC. 1. Permission granted to lay track. SILO. 4. To ti co
ly with police regula-
2. To grade streets and alleys at 5. Right of way can be revoked.
their expense. 3. To put grade as established by 6. when to take effect.
city.
Be it Ordained by the City Council of the City of Dubuque
SECTION I. That permission be, and is hereby granted
to Ingram, Kennedy & Day, their successors and assigns, to
REVISED CITY ORDINANCES. 375
lay down and operate a single railway track on and along the
following streets and alleys in this city: From an intersec-
tion to be made with the Dunleith & Dubuque Bridge
Company's track at the east end of the bridge crossing Sev-
enth street slough; thence in a northeasterly direction over
and across Bell and . Clark streets, and over and across the
alley between Clark and Commercial streets to a point near
the corner of Commercial and Tower streets.
SEc. 2. That said Ingram, Kennedy & Day, their suc-
cessors and assigns, whenever required by the city authori-
ties, shall, at their own cost and expense, so grade any street
or alley, through or over which their track may be laid, and
pave or plank the space between the rails and the ends of the
ties, the entire width of such street or alley, in such manner
as will afford an easy passage for wagons and other vehicles.
•
SEc. 3. That said Ingram, Kennedy & Day be re-
quired to put the said track to any grade the city may estab-
lish.
Si.c. 4. The said Ingram, Kennedy & Day shall strictly
comply with all reasonable police regulations which the
authorities of said city may establish in relation to the run-
ning of trains on said track within the limits of said city.
SEC. 5. That the above right of way can be revoked at
pleasure of the City Council.
Sue. 6. That this ordinance shall be in force from and
after its passage and publication in the official papers of the
city at the expense of the said Ingram, Kennedy & Day.
Passed April 3, 1878.
1
376 REVISED CITY ORDINANCES.
CHAPTER CXX.
AN ORDINANCE granting to the Dubuque & Northwestern
Railway Company, the right of way over and along a
certain street in the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That permission be, and the same is hereby
granted to the Dubuque & Northwestern Railway Company,
its successors and assigns to lay down and operate such rail-
road track or tracks as may be necessary in the prosecution of
its business, upon, along, ' and through Pine street in said
City of Dubuque; Provided, Such track or tracks do not inter-
fere with the railroad tracks now laid, and in actual use of
any other railroad company.
SEC. 2. That whenever required by the City Council of
this city, said Dubuque & Northwestern Railway Company
shall, at its own expense, grade such part of said Pine street
as shall be used for said track or tracks, and that portion of
any street crossed by its tracks along said Pine street. Shall
keep the space between the rails and to the end of the ties so
graded that carriages and other vehicles may easily pass over
the same; and on each side of every street crossed by its said
track, along said Pine street, shall construct and maintain
suitable culverts and drains, so that the free passage of water
shall not be impeded by the track or tracks hereby permitted;
shall at street crossings along said Pine street plank between
the rails, and make suitable approaches to enable vehicles to
cross its track, and shall fully comply with all reasonable
police regulations which the authorities of this city may es-
tablish in relation to the running of trains on said track or
tracks, within the limits of this city.
SEc. 3. That the track or tracks herein authorized,
shall be laid to the grade established by the city, and should
r
REVISED CITY ORDINANCES. 377
the grade be changed at any time, the said track or tracks
shall be changed to conform to said change of grade, such
change of track or tracks to be made at the expense of the
company, and the company to have no claim for damages
against the city because of such change.
SEC. 4. All ordinances of this city heretofore passed in
conflict with this ordinance, or inconsistent with this ordin-
ance, are hereby repealed.
SEc. 5. That if said company or its successors, does not
construct a railroad and operate the same upon said right of
way within five years from the date hereof, all rights here-
under shall be forfeited.
SEc. 6. This ordinance shall be published in the official
papers of the city, and shall take effect and be in force from
and after its publication in the Dubuque Daily Herald.
Adopted March 3, 1884.
CHAPTER CXXI.
AN ORDINANCE granting to the Dubuque & Northwestern
Railway Company, its successors and assigns, the right
of way across and along certain streets, alleys and public
places in the City of Dubuque, for the purpose of con-
structing and operating its railway thereon.
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. That the right of way be, and is hereby
granted, the Dubuque & Northwestern Railway Company, its
successors and assigns, across and along all streets, alleys and
public places in the City of Dubuque, with the right to lay
proper tracks along and across the same as are embraced in
the following limits, to -wit: all streets, alleys and public
places necessary to be crossed in laying a double track rail-
378 REVISED CITY ORDINANCES REVISED CITY ORDINANCES. 379
way from the south line of the Dubuque Harbor Improve-
ment Company's addition to the City of Dubuque, at block
number twenty-nine (29), and continuing as nearly parallel as
maybe practicable to the present track of the Chicago, Mil-
waukee & St. Paul Railway Company to Eighth and Pine
streets; also across Eighth, Ninth, Tenth and Eleventh
streets, between Pine street and the east line of Elm street;
also across all streets between Pine and Elm streets, from
Twelfth street to Nineteenth street inclusive; also across Lake
and High streets, and across and along Kniest street, and
across Eagle Point avenue and Sanford street; and along Elm
street from Sanford street to Twenty-third (23) street, and
across Twenty-third (23), Twenty-fourth (24), and Twenty-
fifth (25) streets, and across the Peru road; also the right of
way to use and occupy with its tracks the easterly thirty-five
(35) feet of lots number- two hundred and twelve (212) to two
hundred and sixteen (216) inclusive, in the East Dubuque ad-
dition to the City of Dubuque; also the right of way to oc-
cuppy with two (2) tracks a strip of ground twenty-eight (28)
feet wide and commencing at a point on the alley next south
of Sixth (6th) street extension, adjoining and •immediately
east of the right of way granted to the Illinois Central Rail-
road Company by ordinance on the 8th day of January, 1883,
and extending thence southerly, adjoining and parallel with
said right of way of the Illinois Central Railroad Company to
Third (3rd) street; also the right to occupy with a single track
a strip of ground fourteen (14) feet wide, lying east of and ad-
joining and parallel with Illinois Central Railroad Company's
right of way from Third (3rd) street to First (1st) street, in
the City of Dubuque.
SE+c. 2. That the rights and privileges contained in Sec-
tion one (I) are granted on the following express conditions,
to -wit
First. That unless the Dubuque & Northwestern Rail-
way Company shall have at least five (5) miles of its road fully
completed, so that trains may run thereon, on or before the
1st day of July, 1886, all grants and privileges herein con-
tained shall be forfeited,
Second. That unless the Dubuque & v Northwestern
Railway Company shall have one track filled and rails laid
upon the twenty-eight (28) foot strip of ground herein men-
tioned, and on the fourteen (i4) foot strip between Third (3rd)
and First (1st) streets, on or before the 1st day of July, 1888;
and the second track filled and rails laid on or before the ist
day of July, 1889, all grants and privileges to the said twenty-
eight (28) foot strip of ground and the fourteen (14) foot strip
between Third (3rd) and First (1st) streets to be forfeited.
Third. That the filling for the single track between
First (1st) and Third (3rd) streets, shall extend as far easterly
beyond the 'Dubuque & Northwestern Railway Company's
track, when laid, as the present filling extends beyond the
Illinois Central Railway Company's• track, and the approach
to Second (2nd) street shall be extended easterly beyond said
track, and graded and protected with hard material upon the
surface to the same slope it now has, and left in as good con-
dition as it was before the work was commenced.
Fourth. The grant herein contained of right of way be-
tween First (1st) and Third (3rd) streets shall be subject to all
the provisions and restrictions contained in Sections ten,
twelve and thirteen of Chapter seventy-seven of the Acts of
the Seventeenth General Assembly, and of Section 1292 of
the Code of Iowa, as amended by the act of March 13, 1874.
And any and all acts that may be hereafter passed in amend-
ment thereof, it being the express intention of this clause to
provide that the Dubuque & Northwestern Railway Company
shall, on request, receive, transport and deliver the loaded or
empty cars of any company so connecting- upon and over said
380 REVISED CITY ORDINANCES.
fourteen (14) foot strip upon the terms of reasonable charge
for like service as provided in the lawsaforesaid; and should
any difference arise as to what is a reasonable charge for such
service, the question shall be referred to the City Council of
the City of Dubuque, whose decision shall be final and con-
clusive upon 1i11 parties concerned.
Fifth. All the rights and privilegesherein granted by
the City of Dubuque are upon the further express conditions,
that said Dubuque & Northwestern Railway Company shall,
before constructing any portion of its road or tracks across or
along any street, alley or public place within said city, ascer-
tain and compensate abutting property owners for any injury
that may be caused to such property by the construction and
operation of said railway, as required by the provisions of
Section 464, Title 4,. Chapter io, of the Code of Iowa.
SEc. 3. Whenever required by the City Council of said
city, said Dubuque & Northwestern Railway Cornpanys hall,
at its own expense, grade that portion of any street occupied
by its tracks, shall keep the space between the rails and at
the end of the ties so graded that carriages and other vehicles
may easily pass over the same, and at all streets crossed by
said tracks, shall construct and maintain suitable culverts and
drains so that the free passage of water shall notbe interfered
with by the tracks hereby permitted, and shall, at all streets
and crossings, plank between the rails and make all necessary
and suitable approaches to enable vehicles to cross its tracks,
and shall strictly comply with all reasonable police regula-
tions which the authorities of the city may establish in re-
lation to the running of trains on said tracks within the city
limits.
SEc. 4. That the tracks herein authorized, shall be laid
to the grade established by the city, and should the grade be
changed by the city at any time, the said tracks shall be
REVISED CITY ORDINANCES. 381
• changed to conform to such change of grade, such change of
the track to be made at the expense of the company, and the
company shall have no claim for damages against the city
because of such change.
SEc. 5. Said Railway Company shall pay, or in case of
suit thereon, shall make proper defense to all claims against
the. City of Dubuque for damages .caused to any Verson or
property, by the construction of said railway across or along
any street, alley, or public place, and shall be liable for the
amount of any judgment recovered against the City of Du-
buque in any action for damage on any such claims. And in
all litigation to which the City of Dubuque may be made a
party, and in any manner arising out of the grant to said
Railway Company of the rights and privileges herein made,
or in relation to any rights claimed adversely to the grants
and privileges herein contained, said Dubuque & North-
western Railway Company shall, upon being notified of the
pendency of any such action, make proper defense thereto,
and shall be liable for and shall pany judgment or decree
rendered against the City of Dubuque therein.
SEC. 6. All ordinances heretofore passed by the City of
Dubuque in conflict with this ordinance are hereby repealed.
Passed June 8th, 1885.
CHAPTER CXXII.
AN ORDINANCE granting to the Chicago, Burlington &
Northern Railroad Company, its successors and assigns,
the right of way across and along certain streets and al-
leys, and to use and occupy for railroad purposes certain
public grounds in the City of Dubuque.
Be it Ordained by the City Council of the .City of Dubuque.
SECTION I. That authority is and the same is hereby
382 REVISED CITY ORDINANCES.
granted to the Chicago, Burlington & Northern Railroad
Company, its successors and assigns, to use so much of the
highways and public grounds, in the City of Dubuque, as
may be necessary on which to construct, operate, and forever
maintain railroad tracks for the running of locomotives,
cars, and trains of cars for the use and purposes of its rail-
road, as follows, to -wit:
a. The right of way over a strip of ground twenty-
eight (28) feet wide, commencing at a point at the alley next
south of Sixth street extension, adjoining and immediately
east of the right of way granted to the Dubuque & North-
western Railway Company, on the 8th day of June, A. D.,
1885, and extending thence southerly adjoining and parallel
with the right of way of said Dubuque & Northwestern
Railway Company, to and across Third street; also over a
strip of ground twenty-eight (28) feet wide, commencing on
the south side of third street, at a point adjoining and imme-
diately east of the right of way, fourteen (r4) feet wide,
granted to the Dubuque & Northwestern Railway Company,
by the ordinance aforesaid, and extending thence southerly
adjoining and parallel with the said right of way to First
street. Also the right of way for a single track for a con-
nection with tracks aforesaid at First street, and running
thence easterly along First street extension to a point on said
extension forty-one feet north of the south line of the said
First street extension, and easterly three hundred and
twenty-three (323) feet from the intersection of the south line
of First street, and the west line of Iowa street extended;
the precise location of said point being as indicated by the
word "stake" on the plat on file; indorsed and filed August
7, 1889, M. Tschirgi, Jr., City Engineer. Also the right to
place in connection with said track a switch so as to run
trains therefrom into the depot grounds of said company be-
tween First and Third streets.
REVISED CITY ORDINANCES 383
b. Also for a single track from a connection with the
tracks last above described at First street; thence southerly
across said street, to and along Iowa street, immediately east
of and fourteen (4) feet from the center line of the Dunleith
& Dubuque Bridge Company's track as now constructed
thereon to and across Jones street; thence by the most prac-
ticable route across necessary streets to Water street, and
north and south thereon, and across all streets ietrsected
thereby to First street extension and Railroad Avenue. And
for a single track from a connection with the track last above
described at or near the intersection of Warren street with
Dodge street in a northerly direction on Warren street, and
across Jones street to First street extension.
c. Also the right of way for a single track from a con-
nection with the track first described in the foregoing para-
graph, on Iowa street, at the most practicable northerly
point thereon, to and across First street, and Second street
east of Iowa street.
d. Also for a single track from a connection with the
track on Iowa street first described in paragraph b hereof, at
the most practicable point on said street; thence°southerly
across all streets and alleys necessary to be crossed to South
Main street; thence north and south thereon, and across all
streets and alleys intersected thereby to Jones street, and the
southern terminus of Main street, and for a single track,
from a connection with the last above described track, at a
point between Jones and Dodge streets on Main street, across
Dodge and Salina streets to West Main street; thence south
along said street, and across all streets intersecting the same
to the southern terminus of West Main street and northerly
thereon to Jones street.
e. Also the right of way from a connection with the
tracks, authorized by paragraph a of this section, north of
s
384 REVISED CITY ORDINANCES
Third street at such points as may be convenient for said
company, easterly to and along the alley between Third and
I ouuth streets, and across all streets intersected thereby, to
the Mississippi river, all in Booth's addition to the City of
Dubuque.
f. Also the right of way for a single track from a connec-
tion with the tracks first described in paragraph a, at or near
the alley next south of Sixth street in a northerly direction
across streets and alleys necessary to be crossed to a connec-
tion with the Dunleith & Dubuque Bridge Company's track.
g. Also the right of way from connections with the
tracks authorized in paragraph a of this section, at conven-
ient points to and through the lots and lands owned by said
Railroad Company in Booth's addition, and across all streets
and alleys extending through the same north and south of
Third street extension, and also from a connection with said
tracks easterly along Third street extension to the outer levee
at the Mississippi river, and across all streets intersecting
said Third street extension : Provided, however, That said
Railway Company shall keep open and maintain in good
condition for travel, a roadway at least twenty-five feet wide
across its grounds, from the outer levee in the vicinity of
Third street extension westerly to the inner levee, so called,
at or near the Third street bridge, until some other equally
convenient roadway shall, in the judgment of the City Coun-
cil, accommodate public travel through Booth's addition to
the outer levee north of the Ice Harbor. Also for a single
track from a connection with the last described track on
Third street extension, and at a convenient point thereon
north and south upon and along the outer levee, so called,
from Commercial street to the Ice Harbor.
h. Also the right of way for a single track from a con-
nection with the tracks first described in paragraph a hereof,
A
REVISED CITY ORDINANCES.
385
at or near the alley next south of Sixth street extension,
thence in a northerly direction across said alley, Sixth street
extension, Washington and Wall streets, and all alleys lying
between said streets to Seventh street; thence along Seventh
street to Commercial street; thence along Comtnercial street
and across all streets intersecting the same to the Mississippi
river.
i. Also the right of way for a single track from a con-
nection with the tracks first described in paragraph a hereof,
at or near the alley next south of Sixth street in a northerly
direction by the most practicable route across all streets, al-
leys and public grounds east of Elm and Lake streets to the
Eagle Point ferry landing. Provided, That said railroad
company shall, before constructing the tracks herein author-
ized, upon any street or alley, ascertain and compensate
abutting property owners for any injury that may be caused
to such property by the constructing of the same as required
by section 464 of the Code of Iowa.
SEC. 2. That said Chicago, Burlington & Northern
Railroad Company, its successors and assigns, be and the
same is hereby granted the exclusive right to use and occupy
for railroad purposes the following pieces and parcels of land
within the City of Dubuque, to -wit: The triangular piece
of ground . east of and immediately adjoining lot 528, in the
City of Dubuque, and described as follows: Beginning at
the northeast corner of lot 528; thence easterly along the
south line of Second street extended thirty-eight (38) feet,
four (q.) inches; thence southwesterly to the southeast corner
of lot 528, thence northerly along the east line of said lot to
the place of beginning. Also the triangular piece of ground
south of and adjoining said lot 528, extending east and west
across the whole width of said lot, and along the east line of
Iowa street to the southern terminus thereof; thence in a
25
386 REVISED CITY ORDINANCES.
straight line to the southeast corner of said lot 528, also the
piece of ground lying south of Third street extension, east of
the right of way herein granted, west of and adjoining lot one
(1) of block D in Booth's addition.
SEc. 3. The said Chicago, Burlington & Northern
Railroad Company is hereby authorized and empowered to
fill all that part of the slough lying between what is known
as the one hundred foot strip and Booth's addition, and to
occupy and use the same for railroad purposes, provided said
company shall put in and maintain necessary culverts and
drains thereon to permit the free passage of water, of such
capacity and at such places as the City Council shall direct
and approve.
SEc. ¢. The tracks herein authorized to be constructed,
upon South Main street, Seventh street, Commercial street,
and the outer levee, shall be laid upon and along said streets
and levee in such manner, and upon such portions of
said streets and levee, as the City Council shall direct and
approve.
SEC. 5. Whenever required by the City Council of said
city, said Chicago, Burlington & Northern Railroad Com-
pany shall, at its own expense, grade that portion of any
street occupied by its tracks, shall keep the space between
the rails and tracks at all street crossings planked, and when-
ever such tracks are contiguous to other railway tracks at
such crossings, to plank one-half the space between said com-
pany's tracks and such other tracks, whenever required so to
do by the City Council, and shall comply with all police
regulations.
SEC. 6. The tracks herein authorized shall be laid to
the grade established by the city, and should the grade on
any street or alley be changed at any time, said tracks shall
REVISED CITY ORDINANCES. 387
be made to conform to such change of grade at the expense
of said railroad company.
SEC. 7. It is further provided, that said company shall
have the right to fill the remaining portion of the "one hun-
dred foot strip," so called, lying east of the right of way, de-
scribed in paragraph a of the first section herein, from the
alley next south of Sixth street to a point one hundred feet
south of Third street in Booth's addition, and to use and
occupy the same for railroad purposes, on the condition that
said Chicago, Burlington & Northern Railroad Company
shall quit and deliver up possession of said ground so filled
and occupied whenever the City of Dubuque shall grant the
same to any railway company extending its lines into the
City of Dubuque, and upon repayment to said Chicago, Bur-
lington & Northern Railroad Company of the actual cost of
filling said ground, in no case to exceed the sump of twenty-
five cents per cubic yard.
SEC. 8. The rights and franchises hereby granted to
the Chicago, Burlington & Northern Railroad Company by
this ordinance, are for the sole use and benefit of said com-
pany, and to induce and enable it to enter and do business in
the City of Dubuque, and are not, and shall not, be assigna-
ble to any other person, company or corporation now or
hereafter operating railroads in the City of Dubuque, with-
out the consent of the City Council expressed by ordinance.
This provision is not intended, however, to prevent the
transfer of said rights and franchises to any railroad com-
pany which shall hereafter operate and control the main line
of said Chicago, Burlington & Northern Railroad Company.
SEc. 9. It is further expressly provided that the rights
of way hereby granted to said Chicago, Burlington & North-
ern Railroad Company to lay its tracks on Seventh and
Commercial streets, outer levee, Warren, Water, Iowa, Main
388 . REVISED CITY ORDINANCES
and West Main streetsshall not be exclusive to said com-
pany, but all tracks constructed and operated upon said streets
by said company shall be subject to the right of all railway.
companies now or hereafter operating railroads within the
City of Dubuque, to have their cars transferred over said
tracks without delay or hindrance, at reasonable rates, pro-
vided, that no railway company having similar trackage fa-
cilities in the City of Dubuque shall be entitled to have its
cars so transferred, unless such railway company shall per-
mit the use of such side tracks by other railway companies
upon the same terms ; if such rates shall not be agreed upon
by the railway companies interested in the use of said tracks,
the charges therefor shall be fixed and determined by the
City Council, which shall finally regulate the same.
SEC. io. The rights and franchises herein granted are
subject to the following conditions and limitations Said
Chicago, Burlington & Northern Railroad Company shall
within one year from the completion and operation of said
railroad to East Dubuque, Illinois, construct and operate its
main line into and through the City of Dubuque to its freight
and passenger depots. All tracks herein authorized on all
streets and public grounds, excepting Main and West Main
streets, shall be laid with three years .after the completion
and opening for business the line of said company into the
City of Dubuque. The tracks on Main and West Main
streets shall be constructed within five years after said time.
In case of failure to lay its tracks on any street within the
time herein specified, said railroad company shall at the
option of the City Council forfeit all right to occupy and use
the same.
SEC. 11. Said railroad company shall pay, or, in case
of suit thereon, shall make proper defense to, all claims
against the City of Dubuque for damages, caused to any per-
son or property by the construction of said railway across any
REVISED CITY ORDINANCES 389
street, alley or public place; and shall be liable for the
amount of any judgment recovered against the City of Du-
buque on such claims. And in all litigation to which the City
of Dubuque may be made a party, and in any manner aris-
ing out of the grant to railway said company of the rights
and franchises herein contained, said Chicago, Burlington &
Northern Railroad Company shall, upon being notified of
the pendency of any such action, make proper defense
thereto; and shall be liable for and shall pay any judgment
or decree rendered against the City of Dubuque therein.
SEC. 12. This ordinance shall take effect from and
after its publication in the Dubuque Daily Herald and the
acceptance of its terms and conditions by the president of
said railroad company, in writing, within sixty days from the
date of said publication.
Adopted February io, A. D. 1886.
RUCORDER'S OFFICE, CITY HALL,
DusuouE, IowA, March 17, 1886.
To the Common Council of the City of Dubuque :
Pursuant to the terms of Section twelve (12) of an ordi-
nance adopted by, your honorable body, February ro, 1886,
entitled:
"An Ordinance granting to the Chicago, Burlington &
Northern Railroad Company, its successors and assigns, the
right of way across and along certain streets and alleys; and
to use and occupy, for railroad purposes, certain public.
grounds in the City of Dubuque."
I, Albert E. Touzalin, Presidentof the said Chicago, Bur-
lington & Northern Railroad Company, and fully authorized
and empowered by said company to accept the terms and con-
ditions of said ordinance, do hereby on behalf of and for
said corporation, accept all and singular, the terms and con-
390 REVISED CITY ORDINANCES
ditions of the said ordinance, and do hereby notify your hon-
orable body of such acceptance thereof.
IN WITNEss WHEREOF, I have hereunto set my hand
this 18th day of February, A. D. 1886.
THE CHICAGO, BURLINGTON & NORTHERN R. R. Co.,
By A. E. Touzalin, President.
CHAPTER CXXIII.
AN ORDINANCE granting to the Chicago, Burlington &
Northern Railroad Company, its successors and assigns,
the right to use and occupy certain streets and public
grounds in the City of Dubuque; and to amend Chapter
84 of the revised ordinances of the City of Dubuque,
granting said railroad company certain rights and privi-
1eges.
SEC. 1. Ground for depot granted.
2. Construct depot and lay track.
3. Conditions of grant.
4. Fill ground granted.
5. To erect and maintain depot.
6. Relinquishment of certain ground.
SEC. 7. Subject to conditions of original
grant.
8. Location of tracks.
9. Publication clause.
Acceptance.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. The Chicago, Burlington & Northern Rail-
road Company, its successors and assigns, are hereby granted
the exclusive right and authority, to use and occupy for rail-
road purposes the following described pieces and parcels of
land, situated in the City of Dubuque, to -wit: A strip of land
one hundred and thirty-eight (138) feet in width, adjacent to
and on the easterly side of the strip of land, granted to the
said Chicago, Burlington & Northern Railroad Company, by
an ordinance adopted February loth, A. D. 1886; and extend-
ing from the southerly line of block "D" in Booth's addition
extended westerly to the southerly line of Second street ex -
REVISED CITY ORDINANCES.. 391
tended easterly. Provided, however, and it is hereby made a
condition of this grant, that the said Chicago, Burlington &
Northern Railroad Company, shall construct and forever
maintain a suitable and proper driveway on the outer edge of
the above described ground not less than forty (4o) feet wide,
and extending across the southerly and easterly sides of said
one hundred and thirty-eight (138) foot strips, and keep the
same in good repairs for public use, and shall fill Second
street extended easterly its full width from its present
terminus to the east line of the land herein granted.
Also all that part of the hundred foot strip lying
southerly of Third street, and extending to the southerly line
of block "D" extended • and easterly of the right of way
granted to the said Chicago, Burlington & Northern Railroad
Company by the original ordinance aforesaid.
Also all that part of the hundred (Ioo) foot strip lying be-
tween the norterhly line of Third street and the center line of
the alley between Third and Fourth streets extended westerly
from the west line of Booth's addition to the east line of the
right of way granted to the said Chicago, Burlington & North-
ern Railroad Company, by ordinance adopted February loth,
1886.
Also a strip of land fourteen (14) feet in width adjacent
to, and on the easterly side of the right of way granted to the
Chicago, Burlington & Northern Railroad Company by the
original ordinance aforesaid, and extending from the center
of the alley between Third and Fourth streets extended
northwesterly to the center of the alley between Fifth and
Sixth streets. '
SEC. 2. The said Chicago, Burlington & Northern
Railroad Company, its successors and assigns, are hereby au-
thorized to construct, operate and forever maintain a depot or
depots, for the uses and purposes of their railroad on said de-
392 REVISED CITY ORDINANCES
scribed premises, and to lay and maintain all necessary rail-
road tracks for the running of locomotives, cars and trains of
cars thereon, for the uses and purposes of their railroad, and
to erect and forever maintain thereon, and use such other
buildings and structures as may be necessary or convenient
for the the uses and purposes of their said railroad in the
prosecution of its business.
SEc. 3. The rights and privileges herein granted to the
said Chicago, Burlington & Northern Railroad Company, are
granted upon the following express conditions and reserva-
tions: The said Chicago, Burlington & Northern Railroad
Company shall permit its track now laid immediately east of
the right of way heretofore granted to the Illinois Central
Railroad Company by ordinance passed January 8th, 1883,
and being Chapter 81 of the revised city ordinances, to re-
main,where the same now is, forever; and said Chicago, Bur-
lington & Northern Railroad Company may construct and
build and forever maintain on said one hundred foot strip
two additional tracks immediately east of the track now laid
and occupied by it as aforesaid, with fourteen feet centers,
that is fourteen feet from center to center of each track so to
be laid, extending from the center of the alley between Fifth
and Sixth streets southerly to the northerly line of First street
extension.
It is hereby expressly provided as a condition of this
grant, that in case the City Council at any time hereafter, for
the purpose of inducing or aiding any railroad company or
companies not now doing business in the City of Dubuque, to
construct a line or lines of railroad into said city, should de-
sire to assist said company or companies in obtaining right of
way or terminal facilities, the City Council hereby reserves
the right to grant to said company or companies, at its dis-
cretion, subject to the conditions herein imposed, the right to
take exclusive possession of and to use, occupy and operate
REVISED CITY ORDINANCES. 393
for railroad purposes in perpetuity, the strip of ground four-
teen feet in width, and track thereon now wholly or in part
constructed,next to,adjoining and easterly of the said track of
the Illinois Central Railroad Company, on said fourteen foot
strip its entire length, reserving to the Chicago, Burlington
& Northern Railroad Company the right to so adjust its
curves and tracks south of Second street, as to enable it to •
connect with its track now laid on First street extension;
Provided, That said company in so doing shall not encroach
on that portion of the easterly forty-four (44) feet of the one
hundred foot strip south of Second street to any further ex-
tent than to maintain its track now laid; and in case such
grant shall be made by the City Council, the Chicago, Bur-
lington & Northern Railroad Company shall thereupon quit
and surrender said fourteen foot strip of ground and track to
said railroad company or companies upon compensation, and
repayment first made to said Chicago, Burlington & Northern
Railroad Company of the actual cost of filling said ground,
but in no case to exceed the sum of twenty-five cents per
cubic yard, and actual value at the time of such taking of the
bridges, culverts and tracks, laid on and under the same, and
in case the respective companies shall not be able at any
time to agree on any question touching the cost and amount
to be paid for such filling track, culverts and bridges as herein
provided, an issue shall be made before a competent court of the
County of Dubuque, having jurisdiction in such cases, a trial
duly had and the amount of recovery, as found on such trial,
shall be final, conclusive and binding upon each of said com-
panies, and no appeal therefrom shall be taken, nor shall
there be any undue delay to such proceeding.
SEe..4. The said Chicago, Burlington & Northern
Railroad Company shall, on or before the first day of Novem-
ber, 1891, fill up all the ground granted it by this ordinance,
lying north of the south line of Second street to the north
394 REVISED CITY ORDINANCES.
line of Third street, and east of the present track of said com-
pany between said streets, and in doing such filling, and .all
filling required in the construction of its tracks on the ground
herein .granted, said company shall provide for proper and
suitable drainage so as not to obstruct or in any manner inter-
fere with the sewers or culverts now emptying into said land,
and so as to carry the water north of Third street below
Second street and into the ice harbor, such drainage to be.
done under the supervision of the City Engineer, and to the
satisfaction of the City Council.
SEc. 5. Said Chicago, Burlington & Northern Railroad
Cornpany shall erect and forever maintain a suitable pas-
senger depot, between Second and Third streets east of its
third track to be located and placed as herein described, and
shall complete such depot, and the roadway and the drive-
way herein provided for, on or before the first day of Novem-
ber, 1891.
SEC. 6. The said Chicago, Burlington & Northern
Railroad Company shall on accepting this ordinance, relin-
quish all rights which it now has to two traingular pieces of
ground, adjoining lot 528 in the City of Dubuque, which
pieces are more fully described in Section 2 of Chapter 84, of
the revised city ordinances of the City of Dubuque; and shall
make no further claim to said two traingular pieces of ground
after its acceptance of this ordinance, that being a condition
of the grant herein made.
SEc. 7. This grant is given and made, subject to the
rights, conditions, forfeitures, restrictions and limitations,
except as herein modified, contained in the original ordi-
nance, being Chapter 84 aforesaid and entitled, "Au ordinance
granting to the Chicago, Burlington & Northern Railroad
Company, its successors and assigns, the right of way across
and along certain streets and alleys, and to use and occupy
REVISED CITY ORDINANCES. 395
for railroad purposes, certain public grounds in the City of
Dubuque, adopted February to, 1886, and accepted on the
t8th;day of February, r886, by A. E. Touzalin, President of
the Chicago, Burlington & Northern Railroad Company, as
far as the same are applicable thereto. In case of failure on
the part of said Chicago, Burlington & Northern Railroad
Company to complete its passenger depot, and the street
herein provided for by the time specified herein, to -wit:
November t, 1891, this ordinance shall be absolutely null
and void, without further action on the part of the City
Council, and such failure shall operate as a repeal of this or-
dinance, and place the parties in the same position as if this
ordinance had not been passed.
SEc. 8. The grantherein contained, authorizing the
construction of the first track to be built east of the present
track now occupied by the said Chicago, Burlington & North-
ern Railroad Company, on said one hundred (too) foot strip,
and, next thereto, and the right to use said track now laid on
said one hundred (too) foot strip, Provided, no other cotn-
pany or companies purchase the same as herein provided,
shall be subject to all the provisions and restrictions contained
in sections to, 12 and 13 of chapter 77, of the acts of the
Seventeenth General Assembly, and of Section 1792, of the
Code of Iowa, as amended by the act of March 13, 1874, and
any and all acts which may be hereafter passed in
amendment thereof, or supplementary thereto, it being the
express intention of this clause to provide that the said Chi-
cago, Burlington & Northern Railroad Company shall, on
request, receive, transport and deliver all loaded or empty
cars of any other connecting railroad or railroads over and
upon said two tracks upon the terms of a reasonable charge
for like charges, as provided by law, and should any differ-
ence arise as to the proper compensation for such service the
question will be referred to the Railroad Commissioners of
396 REVISED CITY ORDINANCES.
the State of Iowa, whose decision shall be final and conclu-
sive ❑pon all parties concerned.
SEc. 9. This ordinance shall be published in the
official papers of the city, and shall take effect and be in
force from and after its passage and publication in the
Dubuque Daily Telegraph and the acceptance of its terms
and conditions by the president or vice-president of said
Chicago, Burlington & Northern Railroad Company, in
writing, within sixty days from the date of said publication.
Attest: Approved:
J. C. FITZPATRICK, R. W. STEWART,
Recorder. Mayor.
Adopted October 6, 189o.
Published in the Dubuque Daily Telegraph October 17, 189o.
To the City Council of the City of Dubuque:
Pursuant to the terms of Section 9 of An Ordinance
adopted by your honorable body October 6, 189o, entitled:
"An Ordinance granting to the Chicago, Burlington &
Northern Railroad Company, its successors and assigns, the
right to use and occupy certain streets and public grounds in
the City of Dubuque, and to amend Chapter 84 of the Re-
vised Ordinance of the City of Dubuque, granting said rail-
road company certain rights and privileges."
I, George B. Harris, vice-president of the said Chicago,
Burlington & Northern Railroad Company, and fully author-
ized and empowered by said company to accept' the terms
and conditions of said ordinance, do hereby, on behalf of
and for said corporation, accept all and singular the tertns
and conditions of the said ordinance, and do hereby notify
your honorable body of the acceptance thereof by said
company.
'REVISED CITY ORDINANCES 397
In witness whereof I have hereunto set my hand and
the seal of said company this i3th day of October, A. D.
189o.
GEORGE HARRIS,
Vice -President Chicago, Burlington & Northern Railroad
Company.
CHAPTER CXXIV.
AN ORDINANCE to regulate the running of railroad trains
and engines, and to prevent unlawful interference with
the cars, switches and other property of railroad com-
panies in the City of Dubuque.
SEC. 1. Speed not to exceed six miles an SEc. 5.
hour. 6.
2. Bell to be rung constantly.
3. Not to obstruct crossings. 7.
4. Violation of this ordinance pun-
ished.
Interference with punished.
Getting on or off while in motion
punished.
Mayor may appoint employes as
special policemen.
Be it Ordained by the City Council of the City of Dubuque:
SECTION i. That no railroad train or engine, with or
without cars 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 run-
ning within the the city limits, shall cause the bell to be rung
constantly while such engine is in motion.
. SEC. 3. That no railway company, nor any officer or
employe thereof, shall allow any engine, car or train to stand
on the crossing of any street within the city, in such manner
as to obstruct the passage of teams, or persons passing on
foot, over such railway track, longer than five minutes at any
one time.
SEc. 4. That any engineer or other person in charge of
398 REVISED CITY ORDINANCES.
an engine, who shall violate the first or second sections of
this ordinance, and any officer, conductor, engineer, agent,
or employe of any railroad company, who shall violate the
third section of this ordinance, shall, upon conviction there-
of, be fined not less than five nor more than fifty dollars ;
and any railroad company whose officers, agents or employes
shall violate the provisions of this ordinance, shall forfeit
and pay for each offense a penalty of twenty-five dollars, to
be recovered in any court having jurisdiction thereof.
SEc. 5. That any person not authorized so to do, who
shall meddle with or in any manner interfere with any
railroad switch, car or other property, of any railroad com-
pany in said city, shall be subject to a fine of not less than
five nor more than fifty dollars.
SEc. 6. That any person not an employe of such com-
pany, or an officer of the law, who shall at any place in said
city, other than the established depots, get on or off any en-
gine or car of any railroad company, in said city, whilst
such engine or car is in motion, or at any place in said city
get on any engine or car of any railroad company without
the consent, expressed or implied, of the person in charge of
such engine or car, shall be subject to a fine of not less than
one nor more than twenty dollars.
SEc. 7. The Mayor of said city may appoint as special
policeman for said city (without pay) any watchman em-
ployed by any railroad company in said city; and such
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 provision of this ordinance.
REVISED CITY ORDINANCES. 399
CHAPTER CXXV.
AN ORDINANCE Authorizing and to Provide for Aiding
the Construction of a Wagon and Eoot Bridge over the
Mississippi River between the City of Dubuque in the
State of Iowa, and the Town of East Dubuque, in the
State of Illinois.
SEC.
1. Permission granted for wagon
bridge.
2. Bridge where built.
3. Construct approach.
4. City give $25,000.
5. Exempt from taxation.
6. City Hx toll.
7. City may own bridge.
SEc. 8. Mayor one of directors.
9. Company furnish statements.
10. Mutual contract.
11. City superintend construc-
tion.
12. Use not diverted.
13. Construction commenced.
14. Acceptance.
Be it Ordained by the City Council of the City of Dubuque :
SI+CTION I. That authority and permission be, and is
hereby granted to the Dubuque Pontoon Bridge Company to
construct and maintain from the Iowa shore of the Missis-
sippi River, at or near the foot of Pine street, in the City of
Dubuque, Iowa, across said river to the Town of East Du-
buque, in the State of Illinois, a bridge adapted and suitable
for the crossing of vehicles, horsemen, footmen and animals,
and the ordinary public uses and purposes of highway
bridges.
SEC. 2. Said bridge shall be built below, and as near
the present railway bridge of the Dunleith & Dubuque
Bridge Qompany as shall be practicable, without interference
with said railway bridge, the exact location of the same
within the City of Dubuque, to be subject to the approval of
the City Council of said city. The said bridge shall be con-
structed in an entirely safe and substantial manner, with
stone piers and iron or steel superstructure, and a draw of
such dimensions and character as shall be approved by the
Secretary of War. The draw may be dispensed with, pro-
vided the superstructure of said bridge across the spans below,
400 REVISED CITY ORDINANCES.
and in line with the spans of the present railway bridge of the
Dunleith & Dubuque Bridge Company, next last and west
of the central draw pier of said railway bridge, shall be con-
structed of a height sufficient to permit the free passage under
the same, at all stages of water, of steamboats and other water -
crafts navigating the Mississippi river; said bridge shall be
of sufficient width for a roadway broad enough for two teams
to pass each other, and for a separate walk for foot passen-
gers. Before the commencement of the construction of said
bridge, the plans for the same shall be submitted to, and re-
ceive the approval of the City Council of the City of Du-
buque.
SAC. 3. For the purpose of connecting the westerly end
of said bridge with the public streets of the city, said Du-
buque Pontoon Bridge Company shall be authorized to con-
struct a suitable approach to the same over or across the outer
levee, but said approach shall be constructed in such a man-
ner and on such a plan as shall cause the least possible
obstruction to the use of said levee by the public as a high-
way or landing, and shall not interfere with the right of way
along the same granted by the city to the Chicago, Burling-
ton & Northern Railway Company. Before the commence-
ment of the construction of such approach, the plans for the
same shall be submitted to and be approved by the City
Council, and authority is hereby expressly reserved to the
City of Dubuque to require said approach over the levee to
be constructed on the plan of a viaduct.
Szc. 4. That for the purpose of aiding and encourag-
ing said Dubuque Pontoon Bridge Company, in the construc-
tion of said bridge, the City of Dubuque hereby agrees to
appropriate and pay to said bridge company, from the treas-
ury of said city, to be used solely in the construction of said
bridge, the sum of twenty-five thousand ($25,000) dollars,
one-half of said sum to be paid to said company when it shall
REVISED CITY ORDINANCES. 401
be made to appear to the City Council, from the certificate of
the engineer in charge of the work, examined and approved
by an engineer experienced in the construction of such
bridges, selected by the City Council for that purpose, that
the work of constructing said bridge is fully one-half com-
pleted; and the remaining one half of said sum when said
bridge shall be fully completed and ready for use. But no
portion of said sum of twenty-five thousand dollars shall be
paid to said company until it shall be shown to the entire
satisfaction of the City Council that all the funds necessary
to enable said bridge company to complete and pay for the
construction of said bridge, including the amount to be con-
tributed by the city, have been fully secured.
SEc. 5. That the City of Dubuque further agrees that
until the revenues derived from operating said bridge by the
Dubuque Pontoon Bridge Company shall be sufficient to pay
a net annual dividend or interest of eight (8) per cent. on the
money actually invested in the construction of said bridge
and its approaches, less the $25,00o contributed by the city,
that said city will exempt said bridge from all taxation for
city purposes.
Szc. 6. In consideration of the aid herein stipulated, to
be rendered by the City of Dubuque in the construction of
said bridge, and the exemption of the same from city taxa-
tion, the City of Dubuque shall have the right to fix the
rate of charges on said bridge, and may do so from year to
year, but shall not fix the toll to be charged for teams over
and back at less than 25 cents nor for foot passengers over
and back at less than 5 cents, or at those rates.
SEc. 7. In further consideration of said aid and exemp-
tion, it is hereby expressly stipulated that if at any time the
City of Dubuque should desire to make said bridge free from
26
402 REVISED CITY ORDINANCES
toll, or partially so, it shall have for that purpose the right to
take said bridge into its own possession and control, and to
operate the same by paying yearly at the end of each year,
to said Dubuque Pontoon Bridge Company, the net annual
interest of eight (8) per cent. on the actual cost of construct-
ing said bridge and its approaches, less the twenty-five
thousand dollars contributed by said city. In such case the
City of Dubuque shall itself keep said bridge in good repair
and condition, and pay the expense of operation. But at
any time, whether before or after the city has determined to
exercise this right, the bridge company ruay pay back to the
city the said twenty-five thousand dollars, by it contributed
toward constructing the bridge, without interest, and there-
after may have, hold and operate said bridge, discharged of
all right on the part of the city to make it a free bridge
under the foregoing option.
SEc. 8. In further consideration of the aid and exemp-
tion hereinbefore stipulated on the part of the City of Du-
buque, it is provided and agreed by said Dubuque Pontoon
Bridge Company, that the Mayor of said city shall be ex-
officio a member of the Board of Directors of said bridge
company, with the same powers and authority as the other
directors thereof.
Sgc. 9. It is also expressly provided and conditioned,
that whenever required by resolution of the City Council,
said bridge company shall furnish said Council with state-
ments in writing, duly sworn to, showing the actual cost of
the bridge, less the amount contributed by the city, and the
amount of the annual receipts of said company derived from
operating said bridge, and the expenses of operating the
same. The Mayor, Auditor and Assessor of said city, or
either, or any of said officers, shall have the authority and
right at any time to examine the books and records of said
company for the purpose of comparing or verifying such
REVISED CITY ORDINANCES. 403
statements, or of ascertaining the actual cost of the bridge,
and the receipts from and expense of operating the same.
In computing the actual cost of the bridge, and the annual
expenses of the company in operating the same, for the pur-
pose of ascertaining the rights of the city under Sections 5
and 7 of this ordinance, no payments or indebtedness for in-
terest on money borrowed by said company shall be consid-
ered or taken into account.
SEc. io. That it is expressly understood that this or-
dinance, when accepted by said Dubuque Pontoon Bridge
Company, shall be construed to be a mutual contract between
the City of Dubuque and said company, and all its provisions
and conditions binding upon both parties.
SEc. II. The City of Dubuque reserves the right to
superintend and direct the construction of the westerly ap-
proach to said bridge; to make all proper regulations for oper-
ating the bridge, and to establish such police regulations as
it may deem necessary.
Szc. 12. The bridge herein provided for, shall not be
used for any other purpose than that of an ordinary wagon
bridge, as specified in Section one (i) of this ordinance, nor
diverted from such use, without the consent and approval of
the City Council of the City, of Dubuque, expressed by or-
dinance. And in case of a violation of this condition, or if
said bridge shall pass into the possession and ownership, or
under the control of any other company or persons, without
the consent and approval of said City Council, expressed as
aforesaid, the City of Dubuque shall at once become entitled
to claim and demand repayment of the twenty-five thousand
dollars ($25,000), stipulated in Section four (4), to be paid to
the Dubuque Pontoon Bridge Company to aid the construc-
tion of said bridge, or such portion of said sum as may have
been paid to said company, with legal interest from the
404 REVISED CITY ORDINANCES.
date of the making such claim and demand, and may main-
tain an action against said company to recover the same, and
shall have a first lien on said bridge for the amount.
SEc. 13. Unless said Dubuque Pontoon Bridge Com-
pany shall commence the actual construction of said bridge
within four months from the taking effect of this ordinance,
and prosecute the same vigorously thereafter, until comple-
tion, then this ordinance shall become absolutely null and
void, time being expressly made a condition hereof. And
unless the work of constucting said bridge shall be fully one-
half completed, as contemplated in the provisions of Section
4, within one year after the taking effect of this ordinance,
the City of Dubuque shall be absolutely and wholly released
from any obligation to grant the aid in money, or exempt
from city taxation, as provided by the provisions of Sections
4 and 5; and the City Council may, at its option, repeal this
ordinance at any time thereafter.
SEC. 14. The Dubuque Pontoon Bridge Company shall
file with the City Recorder, a written acceptance of this or-
dinance, within ten days after the date of its passage, other-
wise it shall become absolutely null and void. If this ordin-
ance shall be accepted by said bridge company, within the
time herein specified, it shall thereupon be published in the
Dubuque Daily Telegraph, and take effect and be in force
from and after such publication.
Passed August 2nd, A. D. 1886.
Attest : JAMES AGNEW,
Recorder.
JOHN GLAB,
Mayor.
To the Honorable Mayor and City Council of the City of
Dubuque.
GENTLEMEN :
Pursuant to the terms of Section 14 of an or -
.REVISED CITY ORDINANCES 405
dinance adopted by your honorable body, August 2nd, 1886,
entitled "An ordinance authorizing and to provide for aiding
the construction of a wagon and foot bridge over the Missis-
sippi river, between the City of Dubuque, in the State of
Iowa, and the town of East Dubuque, in the State of Illi-
nois," I, Bernard J. O'Neill, president of the Dubuque Pon-
toon Bridge Company, and fully authorized and empowered
by said company to accept the terms and conditions of said
ordinance, do hereby notify your honorable body of such
acceptacne thereof.
In witness whereof, I have hereunto set my hand this 4th
day of August, A. D. 1886.
THE DUBUQUE PONTOON BRIDGE COMPANY,
Attest: John Macdonald, By Bernard J. O'Neill,
Secretary. President.
CHAPTER CXXVI.
AN ORDINANCE fixing the tolls of the Dubuque Pontoon
Bridge Company, and authorize the collection of the
same.
Be it Ordained by the City Council of the City of Dubuque:
SECTION 1. That the Dubuque Pontoon Bridge Com-
pany, for the use of its bridge, is authorized and empowered
to charge and collect the following tolls :
Each wagon, hack or buggy, with one (1) or two (2)
horses and driver, over and back
Man and horse over and back
Each wagon, hack or other vehicle, with four (4) horses
and driver, over and back
Each passenger over and back .
Each led horse
25C
15C
40C
05C
IOC
406 REVISED CITY ORDINANCES.
Cattle
Hogs
Sheep
`Adopted December 14th, 1887.
CHAPTER CXXVII.
05C
05C
05C
AN ORDINANCE to provide for the erection and mainten-
ance of gates, bars or viaducts, or the stationing of
guards at railroad crossings.
Be it Ordained by the City Council of the City of Dubuque :
SECTION z. That whenever it shall be deemed neces-
sary by the City Council of the City of Dubuque, for the
safetyand convenience of the public, that gates, bars or
viaducts shall be erected and maintained, or guards or flag-
men stationed at any street, alley, or other public highway or
thoroughfare in the City of Dubuque, over or across which
street or other highway or thoroughfare any railroad or
steam car track is constructed and operated, said council
shall by resolution, order and direct the railroad company or
companies crossing such street, or other place of travel, to
erect and maintain at the expense of said company or com-
panies, such gates, bars or viaducts, or station a guard or
flagman as the council may direct.
SEc. 2. Said resolution shall specify the streets or other
crossing, at which such gates, bars or viaducts, shall be
placed, or flagman stationed, and shall specify the character
of the protection thus to be maintained, whether gate, bar,
viaduct or other device.
SEc. 3. That after the passage of such resolution, the
City Recorder shall prepare and cause to be served, a notice
directed to the railroad company or companies crossing or
using such street or other public thoroughfare, notifying
REVISED CITY ORDINANCES. 407
them of the .passage of such resolution, and directing them to
comply therewith within thirty (3o) days after the service of
such notice.
SEC. 4. That a failure by said company, companies or
persons, so notified to comply with such resolution and notice,
shall be deemed a misdemeanor, and for each and every day
that said company, or companies fail to comply with such
resolution, after notice as above provided, they shall be sub-
ject to a fine of fifty dollars, to be recovered by and paid into
the City Treasury,
Adopted December 7th, 1887.
CHAPTER CXXVIII.
AN ORDINANCE granting to Diamond Jo Line Steamers
the right to occupy and use a certain? part of the public
levee in the City of Dubuque, Iowa, and to erect and
maintain thereon a warehouse and office for the con-
venient dispatch of its business at this point.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That permission be, and is hereby granted
to Diamond Jo Line Steamers of McGregor, Iowa, a corpora-
tion organized and doing business under the laws of the State
of Iowa, and engaged in the transportation of freight and pas-
sengers on the Mississippi river and its tributaries, to occupy
and use for a term of twenty (2o) years from the date of the
passage of this ordinance, that part of the public levee in the
City of Dubuque, County of Dubuque, State of Iowa, bounded
and described as follows :
Begining at a point at the junction of the north line of
First street extension and the east line of the paved portion
of the levee, running in a southerly direction along the east
edge of the paved levee 25o feet; thence westerly ioo feet,
408 REVISED CITY ORDINANCES
thence north to the north line of First street extension; thence
east to place of beginning.
And said 'Diamond Jo Line Steamers is also hereby au-
thorized to erect within the limits above described, and dur-
ing said peroid of twenty years to keep same in good condi-
tion, a warehouse suitable for the reception and accommoda-
tion of freight and passengers. Provided, That the city shall
be held harmless from any expense or damages in any suit for
damages, arising by reason of the proposed structure occupy-
ing a part of public property.
SEC. 2. The foregoing permission and authority is here-
by granted to the said Diamond Jo Line Steamers upon the
following express conditions, and not otherwise :
First. Said company shall pay to said City of Dubuque
as rent for said parcel of land, the sum of $5.0o per year, same
to be in lieu of all wharfage claims against said Diamond Jo
Line Steamers, and to be payable on the first day of April in
each year, at the office of the City Treasurer of said city.
Second. That said company shall, within six months
after the passage and publication of this ordinance, erect a
good and substantial warehouse on said parcel of land, and
shall maintain same in good condition and repair during said
term of twenty (20) years.
Third. Said warehouse shall be a neat, substantial
frame building, not less than 3o feet wide and r5o feet long,
and shall contain, in addition to sufficient space and arrange-
ments for handling freight, a suitable place for the accommo-
dation of passengers.
Fourth. That the approaches to said warehouse, both
from land and water side, shall at all times be kept con-
venient and secure for the passage of persons and such vehic-
REVISED CITY ORDINANCES. 409
les as may be used for the delivery and transfer of goods,
wares and merchandise; or in the conveyance of passengers to
and from said boats, and shall not obstruct the passage of
said vehicles between said warehouse and the river, except
in high water seasons.
Fifth —That said Diamond Jo Line steamers shall, within
thirty days from and after the passage of this ordinance,
make and file with the Clerk of the City Council of said
City of Dubuque, a written acceptance, executed in proper
form by its duly authorized officers, of the ordinance, and
grant thereby conferred together with all the terms, limita-
tions and conditions herein contained; and if said Diamond
Jo Line steamers shall fail to file such acceptance within said
time, or having filed such acceptance, shall thereafter fail to
comply with or conform to any of the conditions or limita-
tions to this ordinance, then the same shall be and become
null and void, and said City Council may, upon notice of
thirty days, declare and enforce a forfeiture of all rights and
privileges hereby granted and re-enter and take possession of
said parcel of land; and the said Diamond Jo Line steamers
shall vacate and surrender to the said City of Dubuque the
said parcel of land, the use whereof is hereby granted.
Sixth —It is further understood and agreed that at the
expiration of the time herein stated, the said Diamond Jo
Line steamers failing to renew a lease of said ground, or at
any time its rights and privileges have been forfeited, may
have the privilege of removing such improvements as it may
have placed thereon, or the said City of Dubuque, at its
option, may have the privilege of purchasing the same from
said Diamond Jo Line steamers upon the payment of its fair
appraised value, each party selecting one appraiser, and the
two, if not able to agree, to select a third.
Seventh —That no storage shall be charged or demanded
410
REVISED CITY ORDINANCES.
by the said Diamond Jo line steamers on freight received for
shipment or shipped to this city, unless the same shall have
remained in the warehouse an unreasonable time after notice
is given to the person or persons to whom shipped; and in
that event such charges shall not exceed the rates charged by
the keepers of other warehouses in this city; and other boats
shall be allowed to land at said warehouse by paying a rea-
sonable charge, and the Council should have the regulation
of said charge in case of disagreement.
SEc. 3. This ordinance shall take effect and be in force
from and after its passage and publication in the official pa-
per of the city.
Adopted by the City Council January 4, x892.
Vetoed by the Mayor January 12, 1892.
Passed over the Mayor's veto by a two -third vote of the City Council of
Dubuque, January 13, 1892.
Attest:
J. C. FITZPATRICK,
City Recorder.
CHAPTER CXXIX.
AN ORDINANDE releasing and granting certain property
to C. Reifsteck and C. Scheppele.
Whereas, Garfield avenue formerly extended along the
north boundary line of lot No. eleven (II), East Dubuque
addition, as indicated by the old city map; and,
Whereas, The course of the avenue was changed so that
a strip of ground was left between said lot No. II, as origi-
nally platted, and the avenue as now established; therefore,
Be it Ordained by the City Council of the City of Dubuque.
SEcTIoN r. The City of Dubuque hereby relinquishes
and releases unto C. Reifsteck and C. Scheppele, the owners
REVISED CITY ORDINANCES. 411
of said lot No. II all that part and parcel of land lying and
being between said lot No. II and said Garfield avenue.
That said tract of land is more particularly described as
bounded on the north by Garfield avenue, on the east by
easterly line of said lot II extended to said avenue; and on
the south by said lot II and on the west by westerly line of
said lot No. II extended to said avenue, and that by reason
of said change in course of said highway, the property is
considered a part of said lot No. II, and the same shall be so
considered for purposes of taxation and street improvements,
on which taxes and assessments shall be paid by the owners
of said lot No. II, and the same (taxes and assessments) shall
be a lien upon said lot No. II, including the property hereby
released and made a part thereof.
SEc. 2. That upon the adoption hereof said C. Reif-
steck and C. Scheppele shall pay, to the City of Dubuque, a
sum of money equal to that amount which it would cost the
grantees herein to improve the street by curbing and macad-
amizing in front of the property hereby conveyed, under a
resolution of the Council ordering the same improved and
the amount shall be ascertained from costs of last street im-
provement of said avenue.
SEC. 3. The grantees herein accept the property hereby
released without the right of interfering with or changing
the water course from present course on said strip or piece of
ground until consent may be given by the City of Dubuque
to any change that may be desired by the grantees or their
heirs or assigns.
SEc. 4. Upon payment of the money provided for in
Section 2 hereof, this ordinance shall be published in the
official paper of said city, from and after which publication
this ordinance shall take effect and be in force.
Attest: CHAS. J. W. SAUNDERS, Mayor.
J. C. FITZPATRICK, Recorder.
Adopted by the City Council March 21, r892•
412
REVISED CITY ORDINANCES.
To the Honorable Mayor and City Council:
GENTLEMEN: —The undersigned hereby agree to accept
the ordinance passed by your honorable body March 21, 1892,
granting. us certain rights and privileges, and agree to all re-
strictions and limitations contained therein.
C. REIPSTECK,
C. F. SHEPPELE.
CHAPTER CXXX.
AN ORDINANCE granting to George Dee the right to
erect, maintain and operate a factory .on part of lot 2 of
mineral lot Io6 in the City of Dubuque.
SEC 1. Term of grant.
2 To establish factory.
3. To erect buildings.
4. Number of employes.
5. To hold city harmless.
SEC. 6.
7.
8.
9.
10.
Forfeiture clause.
Forfeiture before five years.
Change in character of factory
Waterway reserved.
Acceptance.
Be it Ordained by the City Council of the City of
SECTION r. That there is hereby granted to George Dee,
his successors and assigns, the right to use and occupy lot 2
of mineral lot io6 in the City of Dubuque, as per plat at-
tached, for a term of ninety-nine years, beginning March 15,
1892, at an annual rental of one dollar per year.
SEc. 2. The said George Dee to establish and operate
on said premises a Basket Factory and Lye Works, and have
the same in operation within four months after the passage
of this ordinance.
SEc. 3. The said George Dee to have erected and com-
pleted in said premises on or before July 15, 1892, one main
building, stone foundation, brick walls, roof, size fifty by
one hundred and fifty feet, two stories high, with boiler and
engine house attached, and have placed therein the necessary
machinery to operate said factory, including steam boilers
REVISED CITY ORDINANCES. 413
and engines of at least seventy-five horse power, and will as
soon thereafter as practicable, erect the necessary store rooms,
warehouses and lumber sheds, to be used in connection with
said factory.
SEc. 4. That said grantee shall have, on or before July
1, 1893, at least one hundred employes, regularly employed
in and about said factory on and about said premises, at least
one-fourth of which employes shall be male adults; and after
such date, during the continuance of this lease, for a period
of at least ten (Io) years, shall keep, maintain, and operate
said factory on said premises, with the yearly average num-
ber of employes not less than the number and of the charac-
ter above stated, except when work in said factory may be
temporarily suspended for necessary repairs, or by reason of
unavoidable casualties. That during the continuance of this
lease, said premises shall be used and occupied solely and
exclusively for manufacturing purposes, and the grantee
hereby binds himself, his successors and assigns, to constant-
ly maintain and operate a manufactory on said premises dur-
ing the full term of his lease.
SEC. 5. The grantee herein agrees to hold the City of
Dubuque harmless from any damage or litigation that may
hereafter arise on account of this lease, or the build-
ings or improvements to be placed on said premises;
and said grantee, his successors and assigns, shall pay the ex-
penses and costs of any public improvement abutting or
adjacent to said premises, and all ordinary municipal tax on
said real estate, and improvements the same as if he or they
were the owners in fee simple of the same. Frovided, That
in consideration of the establishment and maintenance of
said manufactory, said real estate and all machinery used in
connection with said factory and all goods manufactured
therein shall be exempt from ordinary city taxation for the
414 REVISED CITY ORDINANCES.
period of ten (Io) years from and after the taking effect of
this ordinance.
SEC. 6. In the event of the failure on the part of said
grantee, his successors and assigns, to comply strictly with
the terms, conditions and limitations of this ordinance
with reference to time of commencement and continuance of
the operation of said factory, the character of building, num-
ber of employes and otherwise, all rights and privileges un-
der this lease and contract shall cease and become null and
void, and the said premises revert to the City of Dubuque;
but the forfeiture shall become effective only after it has
been so declared by a resolution of the City Council, adopted
after notice to the grantees and a hearing in open Council.
SEc. 7. Should this lease be declared forfeited on or
before five years from July 15, 1893, all buildings and im-
provements placed and erected on said real estate shall be-
come forfeited to the City of Dubuque, and said city may
enter into possession of the same and devote them to such
use as the City Council see proper. Should the lease be for-
feited after said period of five years the grantees shall have
the right to remove all buildings and improvements.
Sc.E8. That if at any time after July 15, 1902, said
grantee, his successors and assigns shall deem it best to
change the character of the factory, and the kind of wares
to be manufactured therein, he or they shall have the right
to do so, subject to such city ordinances and municipal police
regulations as may then be in force.
SEc. 9. The city also reserves the right of a natural
water -way, as now located, connecting with the stone arch
sewer across Garfield avenue near Pine street; the city also
reverses the right and title to of that part of lot 2 of mineral
lot 1o6,. fronting on Garfield avenue on north side of lot 11,
East Dubuque addition.
REVISED CITY ORDINANCES. 415
SEC. io. That the said George Dee shall file his written
acceptance of this ordinance with the City Recorder within
ten (ro) days after its passage by the City Council; otherwise
this ordinance shall be null and void. This ordinance shall
be published in the official papers of the city after having
been accepted by the said George Dee, and its approval by
the Mayor, and shall take effect from and after its publica-
tion one time -in the Dubuque Daily Telegraph newspaper.
Attest: CHAS. J. W. SAUNDERS, Mayor.
J. C. F' ITZPATRICK, Recorder.
Adopted April 7, 1892.
I hereby accept the above ordinance and agree to be
bound by its provisions.
April 7, 1892.
GEORGE DEE.
CHAPTER CXXXI.
AN ORDINANCE Designating Standing Places for Li-
censed Vehicles.
SEC. 1. Location of hack and cab stands.
2 Location of dray, truck and ex-
press wagon stands.
Be it Ordained by the City
SEC. 3. Penalties.
4. Rate of speed.
s
Council of the City of Dubuque:
SECTION 1. Vehicles for the conveyance of passengers
may stand while waiting for employment at the following
places. On each side of Second and Third streets, and at
the Lorimier House, Post Office and at the City Hall; also at
all railroad depots fifteen minutes previous to the arrival of
all trains, and at all theaters, churches and other places of
amusement or entertainment twenty minutes before the con-
clusion of any performance.
SEC. 2. Drays, wagons and other vehicles used for the
purpose of carrying articles of property for hire, from one
416
REVISED CITY ORDINANCES
place to another, may stand while waiting for employment
at the following places: On each side of Second, Sixth and
Seventh streets, and at the City Hall; also at all railroad de-
pots fifteen minutes previous to the arrival of all trains.
SEc. 3. The owner or driver of any vehicle, for the
conveyance of passengers or for carrying articles of property
for hire, who shall wait upon the streets for employment, at
any other place than as herein provided, shall be subject to a
fine of not less than one nor more than ten dollars for each
and every offense.
SEc. q:. The owner or driver of any vehicle for the con-
veyance of passengers, or for carrying ,articles of property
for hire, who shall wait for employment upon any part of
Main street, or who shall drive his vehicle while upon Main
street at a rate of speed of less than three or more than six
miles per hour; or who shall solicit and search for employ-
ment while driving along Main street; or who shall at any
time obstruct the public travel on Main street, shall be sub-
ject to a fine of not less than one ($i) dollar nor more than
ten (Po) dollars for each offense.
Adopted September 5, x888.
Section 4 amended November 5, 1888.
CHAPTER CXXXII.
AN ORDINANCE granting the right to generate and dis-
tribute steam by means of pipes under ground.
SEC. I Right granted to Dubuque Steam SEC. 4. Council to regulate.
Supply Company. 5. Rights not exclusive.
2. To Repair damages. 6 and 7. Junction boxes.
3. Company liable for damages.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That the right and privilege be, and the
same is hereby granted, to the Dubuque Steam Supply Com-
REVISED CITY ORDINANCES. 417
pany, of the City of Dubuque, their successors and assigns,
to lay underground, maintain and keep in repairs in any of
the streets or alleys in said city, pipes or conduits for the
transmission or conveyance of steam from a central point or
location in said city, to such other points or places therein as
may be deemed desirable by said company.
SEc. 2. It shall be the duty of said Dubuque 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 condition on account of anything done by
said company in the subsequent use, repair or relaying of
said pipes or conduits.
SEc. 3. That said company shall be liable for all dam-
ages consequent 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 restrictions that the City Council inay by ordinance
establish from time to time.
SEC. 5. The rights and privileges by this ordinance
given to said company shall not be exclusive.
SEC. 6. Whenever hereafter the Steam Supply Company
shall find it necessary to open any junction box on Main
street between First and Eighth streets they shall repair the
same by bringing such junction box flush with the surface of
the street, and by covering the same with an iron cover
properly corrugated or roughened upon its surface so as to
prevent the slipping thereon, and sufficiently strong to sup-
27
418 REVISED CITY ORDINANCES.
port the heaviest loads ordinarily drawn upon said street.
And it shall be the duty of said company to constantly re-
place the macadam when it becomes worn at the edges of
any such cover.
SEC. 7. The work and material used in making such
changes and alterations shall be under the supervision and
subject to the approval of the City Engineer.
Sections i to 5 passed June 2, 1879, and Sections 6 and 7 passed October
14, 1884.
CHAPTER CXXXIII.
AN ORDINANCE concerning drains and sewerage.
Sao. 1. Surface water not to be ob-
structed.
2. Power of City Council.
3. Council may cbnfirm acts of
commissioners.
SEC. 4. Council may, remove commis-
sioners. 5. To apply to land obstructed previ-
ous to March 30th, 1876.
6. When to take effect.
Be it Ordained by the City Council of the City of Dubuque:
SECTION r. The owner or lessee of any tract of ground
extending into, across, or bordering on any hollow or ravine,
which constitutes a drain, for surface water, or a water course
of any kind, who shall by grading or filling such lot or tract
of ground obstruct the flow of water through such water
courses, is hereby required to construct through such lot or
lands such a drain or passage way for water as the council
may designate, and if such owner or lessee shall fail to con-
struct such drain or passage way within the time fixed by the
council, the city shall construct such drains at the expense of
the owners, and assess the cost thereof on the said lots or
tracts of ground, and such costs shall be levied in the smile
way as special assessments, and subject to the same penalties
and consequences for delinquency.
SEC. 2. Whenever a water course passes through the
property of any person or persons, and, in the opinion of the
REVISED CITY ORDINANCES 419
City Council, it .is necessary to enlarge and straighten the
same, and condemn, and appropriate private property for that
purpose, the same course of proceeding shall be pursued to
condemn and appropriate the same as is authorized and re-
quired in condemning and appropriating private property for
streets and alleys. Whenever any damages are claimed by
the owner or owners of such property, who appear at the
proper time and place to claim the same, such damage shall
be assessed by three commissioners, who shall be disinterested
free -holders, to be appointed by the City Council. They shall
before entering upon their duty, be sworn to execute the
same, according to the best of their ability. Before said
commissioners enter upon their duty, the City Council shall
cause notice to be given, which notice shall be signed by the
commissioners, and published for three weeks in the official
papers of the city, of the time and place of meetings for the
purpose of viewing the premises and making their assess-
ments, and in their discretion receive any legal evidence, and
may adjourn from day to day. Either one of them shall
have power, in the presence of the others, to administer an
oath or oaths to any witness to be examined before them.
SEC. 3. When the appraisement shall be completed the
commissioners shall sign and return the same to the City
Council within thirty days of their appointment. The City
Council shall have power, in their discretion, to annul or
confirm the appraisement, and if annulled, all proceedings
shall be void; but if confirmed, an order of confirmation shall
be entered. Any person interested may appeal from the order
of confirmation to the Circuit or District Court of the County
by notice in writing to the Mayor, at any time before the ex-
piration of twenty days after the order of confirmation.
Upon the trial of the appeal, all questions involved in the
proceedings, including the amount of damages, shall be open
to investigation. The cost of any proceedings incurred prior
420 REVISED CITY ORDINANCES
to the order of the City Council, confirming or annulling the
appraisement, shall in all cases be paid by the city.
Szc. q.. 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 from any cause to serve.
SEc. 5. This ordinance shall apply to owners or lessees
of any lot or tract of ground described in the foregoing sec-
tion, who previous to the 3oth day of March, A. D. 1876,
may have obstructed any such drain or water course, as in
this ordinance mentioned, as well as to those who have ob-
structed the same since that time.
Sue. 6. This ordinance shall be in force from and after
its passage and publication in the official papers of the city.
CHAPTER CXXXIV.
AN ORDINANCE to prevent the fouling of sewers on Four-
teenth, Main and Eighth streets.
SEC. 1. Sewers closed.
2. Not to deposite slop or garbage
in same.
SEC. 3. When to be in force.
Be it Ordained by Me City Council of the Ctiy of Dubuque:
SECTION I. That all private drains leading into the
sewer on Fourteenth street, along Main to Seventeenth street,
or into the continuation of said sewer from Fourteenth street
along Main to Seventeenth street, or into said sewer, as far as
it is constructed across or along Seventeenth street; or into
the sewer on Eighth street, and all openings into any of said
sewers, through which slop or garbage is or may be thrown,
and all openings required for drainage of surface water into
them, be closed, and the proper officers are hereby directed
to immediately carry this into effect.
REVISED CITY ORDINANCES. 421
SEc. 2. If any person make, or cause to be made, any
drain or any opening of any kind into any of said sewers, or
into any continuation of the same, for use for private pur-
poses, or use or attempt to use said sewers or continuation, or
any of them, to deposit slop, garbage, or any fluid or sub-
stance which creates, or is likely to -create, foulness or im-
purity in any part of any of them, he shall be punished by a
fine not to be less than five nor more than fifty dollars, or by
imprisonment not to exceed fifteen days, at the discretion of
the court.
SE"c. 3. This ordinance shall be in force from and after
one publication thereof in the Times and Herald, newspapers
of this city.
Passed September 6, 1878.
CHAPTER CXXXV.
AN ORDINANCE granting to A. A. Cooper and B. E. Line-
han, their successors, associates and assigns, the right to
construct and operate a line of sewers in the alleys be-
tween Main and Locust streets, from First to Eighth
street, and regulating the same.
EC . I. Authorized to construct and
operate sewers.
2. Method of construction.
3. Shall create no nuisance.
4. Connect with other sewers.
SEC. 5. Charges for right to connect.
6. In operation in one year.
7. City may put in general system of
sewerage.
Be it Ordained by the City Council of the City of Dubuque :
SEcTION I. That A. A. Cooper and B. E. Linehan,and
their successors, associates and assigns, either as individuals
or as a corporate body, under such name as they may here-
after adopt, are hereby authorized to construct and operate a
line of sewers in the alleys between Main and Locust streets,
from Eighth to First street, in the City of Dubuque, and to
lay the necessary pipes therefor, and to operate the same
422 REVISED CITY ORDINANCES
through First street sewer to the Ice Harbor below low-water
mark, for the purpose of house drainage along said line of
sewers, provided said sewers shall be constructed under the
direction of and according to the plans prepared by the City
Engineer.
SEc. 2. In the construction of said sewers the streets
and alleys shall not be unnecessarily obstructed, and not
more than one block between any two streets shall be ex-
cavated or obstructed at any time during the progress of said
work; but before work shall be commenced upon any other
portion of said sewers each part thereof previously commenced
shall be completed, and the street or alley restored to as good
condition as before the excavation was made, and all the ob-
structions to travel thereon removed in the manner directed
by the Street Commissioner. Upon failure so to do, the City
Council may order the necessary repairs to be made at the ex-
pense of the parties to whom the privileges herein named are
granted. All obstructions and excavations made in any street
or alley shall be properly barricaded and lighted, and in any
action for damages caused by such obstructions or excavation,
or the construction of man -holes, the parties herein named
shall appear and defend the same, and shall pay any judg-
ment rendered against the city therein. All man -holes con-
structed in said alley, by the grantees, on the line of said sewer,
shall be surrounded and protected at the top by close jointed
stone or iron flagging, laid even with the surfacelof the alley
and carefully covered by stone or iron covers, so as to present a
smooth and even surface with the flagging around the man-
hole. No man -hole shall be constructed in any of the cross
streets intersecting said line of sewer. The grantees shall be
liable for and defend in the manner hereinbefore provided
against any claim for damages to any person or persons
caused by the maintenance of such man -holes.
SEc. 3. Said sewers when completed shall be so oper-
REVISED .CITY ORDINANCES. 423
ated that no nuisance shall be caused thereby, nor any ob-
struction to the public in the use of said alleys and the streets
crossed by said sewers, nor any interference with any line of
gas, water or other pipes laid in the same; and in the repair
and operation of said sewers all obstructions and excavations
made in the alleys and streets aforesaid shall be removed or
replaced in the manner and under the obligations, conditions
and penalties provided for in Section 2 hereof.
SEc. 4. The City of Dubuque may at any time connect
with said sewers any system of sewerage which it has adopted
or may hereafter adopt and construct, without charge, and
inay change or extend the terminus of said sewer from the
First street sewer named herein to any other point which in
the discretion of the City Council may be determined upon
hereafter. And the City of Dubuque may at any time take
possession of the sewers herein authorized, upon payment to
the persons herein named, their successors or assigns, for the
number of lineal feet of said sewers not previously paid for
by the owners of abutting property, at the rate per foot speci-
fied in Section 5 of this ordinance.
SEc. 5. Said parties may charge for the right to con-
nect abutting property with said sewers, at any time during
the construction or upon the completion of said sewers, not
to exceed the sum of sixty-five cents per lineal foot, and the
additional sum of eight per cent. per. annum on the rate' per:
foot herein named, to all persons connecting their property
with said sewers after the completion of the same, such addi-
tional sum to be calculated from the time of completion to the
time of connecting with said sewers.
SEC. 6. The 'rights and privileges herein granted are
upon the condition that said sewers shall be completed and in
operation within one year from the adoption of this ordin=
ance.
1
424 REVISED CITY ORDINANCES.
SEc. 7. Nothing in this ordinance shall be construed to
create or impose any obligation upon the City of Dubuque, in
case said city may hereafter undertake the construction of a
general system of sewerage, to connect with, or to take or
adopt theline of sewers herein authorized, as a part of said
general system, or to pay for the salve, unless the City Coun-
cil shall deem it to be for the interest of the city so to do; nor
shall the City of Dubuque be liable for any damage to said
line of sewers or sewer pipes, caused by excavations for the
laying, repairing or replacing of any gas, water or steam
pipes, or the construction, by the City of Dubuque, of any
sewers, or the putting in of any sewer or pipe, along the line
of said alley between Main and Locust streets.
Passed November 9th, 1885.
CHAPTER CXXXVI.
AN ORDINANCE to Provide for Constructing and Main-
taining a Separate System of Sewers for House Drain-
age in the City of Dubuque, and to Regulate the use of
the same by Private Individuals.
Sec. I. Location of districts.
2. Council to order work done.
3. Engineer to prepare plans and
specifications.
4. Give notice for bids.
5. Contract to lowest bidder.
6. Committee on sewers to examine
work.
7. Council to levy tax.
8. Cnuneil to levy tax for laterals.
9. Notice to be served on owner.
10. Engineer to keep record of sewers.
11. Ascertain expense upon each lot.
12. Tax when and how payable.
13. Recorder make copy of resolu-
tion.
14. Auditor enter of book.
15. Treasurer give notice.
Be it
Ordained by the City
SEC. 16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30
31.
Treasurer shall sell.
Treasurer shall continue the sale
Treasurer how governed.
Connections.
License to make connection.
Licensee to file bond.
Connections.
Applications how made.
Permits may be revoked.
Not connect with open gutter.
Rain water conductor.
Not obstruct flow.
Fine ten dollars to one hundred
dollars.
Substances not suffered to injure
sewer.
Council appoint inspector.
Council employ engineer.
Council of the City of Dubuque :
SECTION 1. That for the purpose of constructing what
REVISED CITY ORDINANCES 425
is called the separate system of sewerage in the City of Du-
buque, said city is hereby divided into four sewerage dis-
tricts, as follows:
First -The First District shall comprise all that portion
of the City of Dubuque bounded on the east by the Missis-
sippi river, on the south by the southern boundary of section.
twenty-five (in township 89-2 east of the 5th p. m.), on the
north and west by the following line, including all lots or
parts of lots abutting on the west or north side of said line :
Commencing at the intersection of the southern boundary of
said section twenty-five (25) and South Locust street, thence
along said South Locust street and Dodge street, thence along
said Dodge to Bluff street, thence along Bluff street to Six-
teenth street, thence along West Locust street to Seventeenth
street (i7th), thence along Seventeenth street east to the
Mississippi river, but not including any lots north of Seven-
teenth (17th) street east of Clay street.
Second -The Second District shall comprise all that por-
tion of said city bounded as follows: Commencing at the
intersection of Seventeenth and Clay streets, thence along
Clay street to Eighteenth street, thence along Eighteenth
street to Couler avenue, thence along Couler avenue to Peru
road, including all the lots or parts of lots abutting on the
north or west side of auy of said streets, except lots hereto-
fore included in the First District, thence along Peru road to
Jackson street, thence along Jackson street to Twenty-third
street, thence along Twenty-third street to Elm street, thence
along Elm street to Sanford street, thence along Sanford
street to Windsor avenue, thence along Windsor avenue to
Eagle Point avenue, thence, along Eagle Point avenue to
Stafford avenue, thence along Stafford avenue to High Bluff
street, thence along High Bluff street to Fengler street,
thence along Fengler street to Division street, thence along
Division street to Reed street, thence along Reed street to
426 REVISED CITY ORDINANCES
Peosta street, thence along the line of Peosta street to Sev-
enteenth street, thence along Seventeenth street to its inter-
section with Clay street.
Third —The Third district shall comprise all of that por-
tion of the City of Dubuque north of Reed street and east of
Division street.
Fourth —The Fourth District shall comprise all that por-
tion of the City of Dubuque not included in the 'First, Sec-
ond and Third Districts; that the Fourth District of the
separate sewerage system be divided into such sub -districts as
may from titne to time be ordered, made and adopted by the
City Council of the City of Dubuque; that iu order to pro-
vide for the payment of all lateral sewers and appurten-
ances required in said sub -districts, the City Engineer shall
ascertain the cost thereof in each sub -district, and the amount
of assessable area therein, and the rate per square foot so deter-
mined shall be the fixed rate at which all the lauds abutting
any street or alley on which the sewer is constructed shall be
assessed; Provided, That no greater depth of land th in one
hundred and fifty (r5o) feet shall be estimated in making such
an assessment; and, Provided, further, that no double or ad-
ditional assessment shall be made upo i any land for con
struction of subsequent sewers in other streets or alleys than
the one first paid, and for which said land has already been
assessed.
SEC. 2. That whenever it shall be deemed expedient to
construct a sewer according to said system in any public
streets, alleys, highways, or public landings, or any part
thereof, the Council shall, by resolution, order the same to
be done, and over and along such streets, alleys, highways or
public landings, provided, that no sewef shall be constructed
under this ordinance unless the same is ordered to be done by
an affirmative vote of a majority of all the members of the
City Council.
REVISED CITY ORDINANCES. 427
SEC. 3. The resolution ordering the construction of any
sewer specified in the foregoing sections shall also direct the
City Engineer, or some other competent person specially em-
ployed by the City Council for that purpose, to prepare the
proper plans and specifications for constructing the same; said
engineer or other person shall forthwith prepare and submit
to the committee of Council on sewers, such plans and speci-
fications, and if the same are approved by said committee
and the City Council they shall be filed in the office of the
City Recorder; said engineer shall also prepare estimates of
the cost of the proposed sewer and file the same with said
Recorder for the inspection of the City Council.
SEc. 4. That as soon as said plans and specifications
are filed in the office of said recorder the said engineer shall,
without further order from the City Council, give public no-
tice by advertisement for at least five days in the official
paper of the city, that at the next regular session of the City
Council bids will be received by said Council for doing the
work according to such plans and specifications.
SEc. 5. At the meeting of the Council at which bids
are to be received, such bids shall be opened and the con-
tract entered into with the lowest responsible bidder, and
bonds with surety for the faithful performance of such work
shall be required to be given by the contractor, provided that
any and all bids for such work may be rejected by the Coun-
cil, if by them thought to be exorbitant, and new bids or-
dered, and provided that said work shall he done under the
instruction and supervision of the City. Engineer or other
person employed to have special charge of the same.
SEC. 6. 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 sewers, or
any other committee that may be specially appointed, shall
428 REVISED CITY ORDINANCES.
make an examination of the work, and if the same be not
completed or done in the manner provided in the contract
said committee may direct the engineer in charge to com-
plete the same in the manner provided in the contract, and
the expense of completing the same shall be deducted from
whatever may be corning to the contractor under his con-
tract, or said committee may report the case to the City
Council for their action; if the said committee find the work
completed in accordance with the contract, they shall so re-
port to the City Council for their action or acceptance of the
same.
SEc. 7. That in order to provide the means to pay the
cost or expense of constructing the main sewer or sewers
(including man holes and flush tanks, and crib and pumping
machinery at the outlet of said sewer or sewers), the City
Council shall levy such taxes as may be necessary upon the
taxable property within the limits of the city; said taxes
shall be levied and collected at the same time, and in the
same manner as the regular annual taxes of the city are levied
and collected. And in order to provide the means to pay the
cost or expense of constructing the branches of said main
sewer or sewers, including man -holes, flush tanks and all
branch sewers of more than eight (8) inchesin diameter, the
City Council shall levy such taxes as may be necessary there-
for upon the taxable property within the limits as herein
defined of the said several sewerage districts; said taxes shall
be levied and collected at the same time and in the same man-
ner as the regular annual taxes of the city are levied and
collected. In all cases where adjacent property is to be con-
nected with a main or a branch sewer, instead of a lateral
sewer, the said adjacent property shall be taxed and assessed
in same manner, and in the same proportion, for the con-
struction of said main or branch sewer as if the connection
was to be made with a lateral sewer.
REVISED CITY ORDINANCES. 429
SEC. 8. In order to provide means to pay the cost or
expense of constructing the lateral sewers, including all _
sewers not exceeding eight inches in diameter, the City
Council shall levy a special tax or assessment upon the prop-
erty or lots adjacent to said sewers; all property or lots situ-
ated or being within a distance of one hundred and fifty feet
from said lateral sewers and not separated therefrom by any
street, alley or public highway shall be deemed adjacent
thereto.
SEC. 9. Before assessing the cost of constructing any
lateral sewer upon the adjacent property, the Marshal of the
city shall serve notice on the owners of said adjacent prop-
erty, to appear before the City Council and show cause, if any
exists, why such assessment should not be made; said notice
must be served at least five days before the meeting of the
Council at which the assessment is to be made, and only
upon owners who have not p.sked or petitioned the Council to
have the sewer constructed. Non-resident owners may be
notified by personal service out of the State or by publication
of the notice at least twice in the official paper of the city at
least ten days before the meeting of the Council.
SEC. io. It shall be the duty of the City Engineer to
keep a complete record of all sewers constructed showing the
location and profile description of the same, accompanied
with a plat giving the description frontage and area of all lots,
parts of lots or lands adjacent to such sewers, together with
the names of the owners, when known, the number of square
feet of land owned by each, and the amount of cost or ex-
pense ascertained as hereinafter provided, properly charge-
able against each of said lots or parts thereof, on account of
the construction of said sewers, a duly certified copy of
which shall be submitted by the engineer to the City Council
immediately after the approval of the work by the com-
mittee of the Council on sewers or other committee ap-
r
430
pointed therefor; he shall also keep in his office a record of
the correct locations of all manholes, sewer and drain junc-
tions and all other appurtenances to such sewers for future
reference.
SEc. rt. As soon as the work of constructing any lat-
eral sewer has been completed and accepted by the City
Council, said Council shall, by resolution, assess upon the
lots, part of lots or land adjacent to said sewer, the cost or
expense of constructing the same; to ascertain the amount of
cost to be assessed upon each adjacent lot or part of a lot, the.
total cost of constructing such lateral sewer from the center
of any street across which it is constructed to the center of
the next street crossed, shall be apportioned and assessed on
the adjocent lots, or parts of lots, in proportion to the super-
ficial area of each thereof. Such resolution must designate
the alley or street, and set forth the number of the lot, and
the amount of tax levied upon each.
Provided, however, that where any lot to be assessed is
divided into two or more pieces, and is owned by different
persons, that the assessment shall be made by assessing the
abutting portion of the same (r) one -sixth of land one-third
of total amount; (2) one -sixth of land one -fifth of total
amount; (3) one -sixth of land one -sixth of total amount; (4)
one -sixth of land one -tenth of total amount; (5) one -sixth of
land one -tenth of total amount; (6) one -sixth of land one -
tenth of total amount, or as nearly to the above proportions
as can be determined by the City Engineer.
SEc. 12. Special taxes and assessments levied upon
adjacent property to pay the cost or expense of constructing
sewers shall be payable by the owner thereof personally, im-
mediately after the assessments are made, and shall be a lien
upon the property so assessed from the time of the assess-
ment, and such property may be sold to enforce the payment
REVISED CITY ORDINANCES.
REVISED CITY ORDINANCES.
431
of the taxes or assessments so levied in the same manner as
at any regular or adjourned sale or special sale called therefor,
with the same penalties, forfeitures and rights of redemption;
and certificates and deeds on such sales may be made in the
same manner, and with like effect, as in case of sales for non-
payment of the ordinary annual taxes of the city, as provided
by law; or the City Council may cause the same to be sold at
special tax sale 'to be called therefor, after giving notice
thereof three consecutive weeks in the official paper of the
city, the last publication of which shall be at least ten days
before the sale.
SEc. 13. The City Recorder shall, without delay, after
the passage of the resolution of the City Council levyinga
tax, make out and deliver to the City Auditor a dulycertified
copy .of such resolution, and take his receipt therefor, which
he shall file and preserve in his office.
SEc. rq. The City Auditor, upon receiving a certified
copy of such resolution, shall forthwith enter upon the special
assessment hook kept by the Treasurer, the special tax so lev-
ied by the City Council, and shall charge the Treasurer
therewith.
SEc. 15. It shall be the duty of the Treasurer forthwith
after the levy to give notice by one publication in the official
paper of the city that such tax has been levied, describing
the street, alley, highway, or public landing, in which such
sewers have been constructed, and the lots on which the levy
has been made, and stating in such notice that such tax is
due and payable without any further notice or demand, and
if not paid within thirty days after the publication of said
notice, they shall become delinquent, and shall draw interest
at the rate of ten per cent. per annum as a penalty for. non-
payment.
SEc. 16. If such tax is not paid within thirty days from
432 REVISED CITY ORDINANCES.
the time of the notice aforesaid, then the City Treasurer,
after giving notice thereof for three consecutive weeks in one
of the newspapers published in the City of Dubuque, the
last of which shall be at least ten days before the day of the
sale, shall, at a special tax sale called therefor, proceed to
sell at public sale, at io o'clock A. M., the lots, parts of lots
or lands on which said special tax shall have been assessed and
levied, as provided for in this ordinance; said sale shall be
made by the City Treasurer, at the City Hall, and shall be
conducted in the same manner provided in the ordinance
in case of sale made for the non-payment of the general an-
nual taxes of the city, with the same interest, forfeitures and
penalties, and on such sale a certificate of purchase shall be
executed to the purchaser or assignee, or in case of sale made
for non-payment of the general annual taxes, and on the ex-
piration of the time for redemption, if none is made, a deed
shall then be executed to the purchaser or assignee, as in
case of sale made for the non-payment of general annual
taxes; the Treasurer shall charge and collect, in addition to
taxes and interest, twenty cents on each lot, part of lot or
land advertised for sale herein, which shall be paid in to the
Treasurer to pay the cost of publication.
SEC. 17. The Treasurer shall continue the sale from
day to day as long as there are bidders, or until the real es-
tate shall all be sold, and each lot, part of lot, or parcel of real
estate shall be sold separately, and
of land the person
f r the smallest
pay the taxes down on any parcel
portion of the same, is to be considered the purchaser.
SEC. 18. The Treasurer in such sale and other proceed-
ings connected therewith, shall be governed so far as applic-
able by the requirements contained in the ordinance for the
collection of the ordinary taxes of the city.
SEC. 19. All connections of private drains or sewers
REVISED CITY ORDINANCES
433
with the public sewers of the city shall be made in accord-
ance with the plans and specifications approved by the Com-
mittee on Sewers, and kept in the office of the City En-
gineer.
SEc. 20. No person, company or corporation shall make
any connection with, or any opening into any public sewer,
without having first obtained license to do so from the City
Engineer.
SEc. 21. Every person, company or corporation, to
whom a license is granted, shall, at the time of receiving the
same, file a bond approved by the Committee on Sewers in
the sum of one thousand dollars conditioned to indemnify
and save the city harmless against all loss or damages that
may arise from, or be occasioned by the making of connec-
tions with the public sewers, or by any carelessness, negli-
gence, or unskillfulness in making the same.
SEC. 22. No person, company or corporation shall make
any connections with or opening into any of the public sew-
ers without the written permit of the City Engineer.
SEc. 23. Applications for permits to connect with the
sewers must be made in writing by the owner of the property,
or his authorized agent; such application shall give the pre-
cise location of the property, the name of the owner, and the
name of the person employed to do the work, and shall he
made on the day previous to opening the alley or street.
SEc. 24. All permits to connect with the sewers shall be`
given upon the express condition that the committee on sew-
ers may at any time before the work is completed revoke and
annul the same, and no party interested shall have a right
to claim damages in consequence of such permit being re-
voked or annulled.
28
434 REVISED CITY ORDINANCES.
SEC. 25. No person, company, or corporation shall con-
nect any open gutter, cesspool, privy vault or cistern, with
any public sewer or with any private sewer connecting with
the public sewer.
SEC. 26. No rain water conductor shall be connected
with the public sewer, or with any private sewer connected
with the public sewers, except for the purpose of flushing the
sewer, and where a special permit therefor has been granted
by the engineer.
SEc. 27. No person, company or corporation shall in-
jure, break or remove any portion of any manhole, lamphole,
flushtank, or any part of the public sewers, nor deposit in the
same any garbage, offal, filth or any substance whatever
having a tendency to obstruct the flow of sewerage.
SEC. 28. Any person, company or corporation violating
any provision of this ordinance shall be subject to a penalty
of not less than ten dollars nor more than one hundred dol-
lars for each and every offense.
SEc. 29. The Committee on Sewers or the City Engi-
neer shall have the power to stop or prevent from discharging
into the public sewers any private drain through. which sub-
stances are suffered to pass, which are liable to injure the
sewers or to obstruct the flow of the sewerage.
SEc. 3o. When deemed necessary the City Council may
appoint an inspector of sewers, whose duty it shall be to see
that the sewers are kept in proper repair and in good work-
ing order.
SEc. 31. If deemed necessary the City Council may in
its discretion employ some expert engineer or other person
specially skilled and experienced in the construction of sew-
ers for hose drainage to prepare the plans and specifications
REVISED CITY ORDINANCES
435
for the construction and application of the proposed system
of sewerage and superintend the work.
Adopted April 7, A. D. 1887.
Section it amended June 4, r8go.
Section 7 amended Sept. 5, 1888.
Section 8 amended Sept. 5, 1888.
CHAPTER CXXXVII.
AN ORDINANCE Requiring the Making of Connections
with Sanitary Sewers.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That whenever it shall appear to the City
Council that any property owner on any street, alley, avenue
or public highway along which a sanitary sewer has been
constructed, has failed, neglected or refused to make proper
and necessary house connections for the proper carrying off
of house or privy sewerage, the City Council may, by resolu-
tion, order such proper sewer connections to be made by
such property owner, and said resolution shall state the name
of the owner or owners of the property to be thus connected
by sewer, with a description of the property, and fix the time
in said resolution within which connections shall be made,
and shall also recite that if said connections are not
made by the time specified the council shall order such work
and connections made and assess the cost and expenses
thereof against the property to be thus connected by sewer.
SEc. 2. A copy of said resolution, duly attested by
the City Recorder, shall forthwith be served upon such
property owner or owners, or his or their duly authorized
agent or attorney. The service thereof shall be made by the
City Marshal, who must endorse thereon his return and file
the same with the City Recorder, and whenever it appears
that such property owner or owners are non-residents, and
436
REVISED CITY ORDINANCES.
have no duly authorized agent or attorney upon whom ser-
vice can be made, then and in that case the said notice shall
be published in the official'paper of the City of Dubuque for
five times. And the service of a copy of said resolution, as
herein provided, shall ° be deemed sufficient to require such
property to make sewer connections.
SEc. 3. Whenever any property owner, who has been
duly served with notice to make such sewer connections shall
neglect or refuse so to do, then and in that case the Council
may order the same to be done by contract, after plans for
said improvement have been submitted and approved by the
City Council, and for that purpose they shall advertise in the
city paper for ten times for proposals for constructing said
house drains or connecting sewers and assess the cost and ex-
pense thereof against the property to be thus connected, said
work to be done under the supervision of the Sewer Inspec-
tor and Committee on Sewers, and said assessment shall be
made and collected in the same manner as assessments and
taxes are levied, assessed and collected for the erection of
lateral sewers as is provided in chapter 134 of the Revised
Ordinances of the City of Dubuque of 1893.
CHAPTER CXXXVIII.
AN ORDINANCE for the cleaning of Privy Vaults, Cess
Pools, Water Closets, etc.
SEC. 1. No person engage in the busi-
ness except, etc.
2. Air tight boxes at certain sea-
sons.
3. Duty of vault cleaner.
4. Duty of health officer, etc.
5. In case owner refuses.
SEC. 6. Unlawful to cover.
7. License $25.
8. Fine $50 to 6100.
9. Scavenger allowed to charge.
10. Use diligence
11. Other ordinances.
Be it Ordained by the City Council of the City of Dubuque.
SECTION 1. That after the passage of this ordinance
any person who shall engage in the business of cleaning
REVISED CITY ORDINANCES. 437
privy vaults, cess pools and water closets, and removing the
contents of the —same, shall provide hitnself with the neces-
sary apparatus for removing the contents of the said privy
vaults, cess pools and water closets, and such apparatus may
include as a means of carrying away such contents either one
or more carts or wagons, which he may own or rent or hire,
provided with covered water -tight boxes or barrels, the same
to be kept clean, air tight, in good condition; said boxes or
barrels shall be of such construction that their contents may
be readily discharged. When in actual use a red or yellow
light shall be kept burning upon each cart or wagon.
SEC. 2. No scavenger, vault cleaner or any other per-
son shall remove the contents of any privy vault, cess pool or
water closet, except in such air -tight boxes or barrels, and, as
provided in this ordinance, during the months of November,
December, January, February and March of each year. Such
contents may be removed in such air -tight boxes or barrels
during any hour of the day or night, but during the months
of April, May, June, July, August, September and October
of each year, such removal shall only be made in the night
time between the hours of 9 P. M. and 4 A. M., provided,
however, that the health officer of the City of Dubuque may
in his discretion grant a permit in writing, allowing such
contents to be removed during the daytime at any time dur-
ing the said months of April, May, June, July, August, Sep-
tember and October.
SEC. 3. It shall be the duty of such scavenger or vault
cleaner, at the request of the owner or occupant of any premi-
ses within the City of Dubuque, on which is situated any
privy vault, cess pool or water closet, to remove the contents
of such privy vault, cess pool or water closet, and deposit the
same in such place or places as may be designated by the
City Council, provided, however, that when such request is
made, such scavenger or vault cleaner shall not be obliged to
438 REVISED CITY ORDINANCES.
perform the services required until paid therefor at the rates
hereinafter specified.
SEc. 4. It shall be the duty of the Health Officer of the
City of Dubuque, the City Marshal or any member of the
Board of Health, Executive Committee of said City of Du-
buque, whenever they or any of them shall deem it expedi-
ent on behalf of the public health, or whenever any privy
vault, cess pool or water closet shall be filled within two (2)
feet of the surface of the ground, to order the owner, lessee
or occupant of the premises upon which is situated any such
privy vault, cess pool or water closet to have removed the
contents of the same.
SEc. 5. Whenever any person owning, leasing or occu-
pying any premises within the City of Dubuque on which is
situated any privy vault, cess pool or water closet, or when-
ever the agent of any such owner, lessee or occupant shall
be notified by the Health Officer of the City of Dubuque, the
City Marshal, or by any member of the Board of Health,
Executive Committee of said City of Dubuque, to have the
contents of any such privy vault, cess pool or water closet re-
moved, it shall be the duty of the person so notified to forth-
with request same regularly licensed scavenger or vault
cleaner who shall have complied with the requirements of
this ordinance to remove such contents, and, if demanded by
such scavenger or vault cleaner, to pay in advance the ex-
pense of such removal computed at the rate hereafter pro-
vided, and any person so notified refusing or neglecting to
make such request or to pay when demanded in advance the
expense of such removal, shall be deemed guilty of a misde-
meanor, and shall be fined on conviction in a sum not less
than ten (to) dollars nor more than twenty-five. (25) dollars.
Upon the failure or refusal of any person notified by the
Health Officer of the City of Dubuque, the City Marshal, or
any member of the Board of Health, Executive Committee
REVISED CITY ORDINANCES. 439
of said City of Dubuque, to have removed the contents of
any privy vault, cess pool or water closet, to comply with
such request in the mariner hereinbefore provided, the City
Marshal shall cause the same to be removed by some licensed
scavenger or vault cleaner, and the expense of such removal
shall be collected by the said City of Dubuque by special
assessment and against the person so refusing or failing to
comply with such request.
SEC. 6. It shall be unlawful to cover with earth or
other material any privy vault, cess pool or water closet,
without first removing the contents thereof; or to tap or drain
any privy vault, cess pool or water closet into any other ex-
cavation or into any opening except a common sewer; or to
allow any privy vault, cess pool or water closet to become
filled within three (3) feet of the surface of the ground; and
any privy vault, cess pool or water closet filled within three
(3) feet of the surface is hereby defined and declared to be
a nuisance, and the owner of the property on which said
nuisance is situated shall be deemed to be the author thereof.
Any person who shall violate any or either of the prohibitory
clauses in this section, or who, being the author of a nuisance
in the manner defined in this section, shall maintain the
same after being notified by the, Health Officer of the City of
Dubuque, the City Marshal, or any member of the Board of
Health, Executive Committee of said City of Dubuque, to
abate the same, shall be deemed guilty of a misdemeanor,
and shall be fined on conviction in addition to the penalties
prescribed in the preceding section, in a sum not less than
ten ($io) dollars nor more than twenty-five ($25) dollars.
SEc. 7. That every person who shall engage in the
business of cleaning privy vaults, cess pools or water closets,
shall first pay into the City Treasury a license of twenty-five
(425). dollars per annum, to be paid on or before the first day
of May of each and every year, but the City Council may re-
440 REVISED CITY ORDINANCES
fuse to allow a license to be granted to any scavenger or
vault cleaner who may be deemed, in their discretion, an un-
fit and improper person, and the said City Council may re-
voke the license so granted to any person who shall fail to
comply with all the other requirements of this ordinance.
SEc. 8. Any person who shall carry on the business of
cleaning privy vaults, cess pools and water closets without
having paid the license required by this ordinance, or who
shall fail to comply with the requirements herein, or any li-
censed scavenger who, having demanded and received pay
for the removal of the contents of any privy vault, cess pool
or water closet, shall fail to remove the same in compliance
with all the requirements of this ordinance, shall be deemed
guilty of a misdemeanor, and, upon conviction, shall be fined
in a sum not less than fifty dollars ($5o) nor more than one
hundred dollars ($roo).
SEc. 9. Any such scavenger or vault cleaner who shall
have complied with the provisions of this ordinance and
shall have paid the license provided herein, shall be allowed
to charge and collect for each cubic foot of contents removed
by him from any privy vault, cess pool or water closet a sum
not exceeding fifteen (15) cents, when the same shall be re-
moved from any place below the bluffs, and when the same
is situated upon the bluffs such scavenger or vault cleaner
shall be entitled to charge and collect a sum not exceeding
(2o) cents per cubic foot for such contents removed.
SEc. Io. Every such scavenger or vault cleaner shall in
all cases use due diligence in speedily and without delay
complete the removal of the contents of privy vaults, cess
pools and water closets; as soon as possible after the com-
mencement of such removal, and in every case he shall leave
such vaults, privies or cess pools in the best possible condi-
tion, and the premises about them clean and thoroughly dis-
REVISED CITY ORDINANCES. 441
infected, and the failure to comply with the requirements of
this section shall be deemed a sufficient cause for the revoca-
tion of his license.
SEC. Ir. And it is further ordained that any ordinance
or parts of ordinances in conflict herewith be and the same
is hereby repealed.
Passed March 16, 1885.
CHAPTER CXXXIX.
AN ORDINANCE to regulate the use of Public Fountains.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That any person who shall draw, or take,
away, in any pail, pitcher or other vessel, any water from
any public drinking, or other public fountain in said city,
for use elsewhere, shall be :guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not less than one dol-
lar or more than five dollars, with costs of prosecution.
CHAPTER CXL.
AN ORDINANCE Regulating Sub -divisions and Additions
to the City of Dubuque.
SEC. 1. Council to approve. SEC. 3. Penalty for violation.
2. Plat to be furnished city.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That no addition to the City of Dubuque,
or sub -division into lots of any parcel or tract of land within
the limits of said city shall be lawful unless the same be first
submitted to and appoved by the City Council of said city;
nor shall any street, avenue or alley be recognized by said
city as a public thoroughfare, nor shall any expenditure of
public funds or city labor be made or, done thereon unless
the plat embracing the same be so submitted and approved.
442 REVISED CITY ORDINANCES
SEc. 2. That for the purpose of correct reference, a
correct map or plat of all additions and sub -divisions hereafter
made, shall be furnished to said city by the person or persons
owning the land embraced therein, and such owner or own-
ers shall also comply with the statutes of the State of Iowa,
in force at the time such additions or sub -divisions are made,
so far as the same are applicable and not inconsistent with
this ordinance.
SEc. 3. That hereafter it shall be a misdemeanor for
any person or persons, or other owner, to lay off into lots or
sub -divide any tract or parcel of land within the limits of said
city, whereby any new street, alley or highway is platted or
created, without first submitting the plat thereof to, and get-
ting the approval thereof, of the City Council of said city.
And upon conviction thereof, such person or persons, or
owner, shall be fined in a sum not exceeding twenty-five dol-
lars.
SEC. 4. This ordinance shall take effect and be in force
from and after its publication.
Adopted July 5, 1880.
CHAPTER CXLI.
AN ORDINANCE to vacate Canal street, from Iowa street
to Warren street, in the Dubuque Harbor Company's Ad-
dition to the City of Dubuque.
Whereas, At the regular session of the City Council of
this city, held in the month of October, in the current year,
a petition was presented by the Illinois Central Railroad
Company asking that Canal street in the Dubuque Harbor
Company's addition, from Iowa street to Warren street, be
vacated, and on said petition was endorsed the consent of
A. A. Cooper that such vacation be made; and,
Whereas, Notice of the pendency of said application has
REVISED CITY ORDINANCES. 443
been published in the city papers for more than ten days, and
no objection has been made to the granting of the request
made in said petition, and the premises abutting on said
street to he vacated are all owned by said Cooper and said
company, who are willing and desire said vacation; therefore,
Be it Ordained by the City Council of the City of Dubuque :
SECTION i. That said Canal
Warren street be and the same
nulled, and is hereby abandoned
existing ordinances of the city
standing.
Passed November 6, 1882.
street from Iowa street to
is hereby vacated and an•
as a street, anything in the
to the contrary notwith-
CHAPTER CXLII.
AN ORDINANCE vacating Commercial street, east of
Diagonal street, Tower street north of Diagonal street,
and the outer Levee north of the north line extended of
lot seven (7), block two (2), Dubuque- Harbor Improve-
ment Company's addition to the City of Dubuque, Iowa;
and granting the exclusive use of the premises so vacated
to the Standard Lumber Company of Dubuque, Iowa:
Whereas, the Standard Lumber Company of Dubuque,
Iowa, has petitioned the City Council for the vacation of
Commercial street east of Diagonal street, Tower street
north of Diagonal street, and the outer Levee north of
the north line extended of lot seven (7), block two (2),
Dubuque Harbor Improvement Company's addition to
the City of Dubuque, in order that it might enlarge its
manufacturing facilities; And, whereas, said Stantard
Lumber Company is about to erect a saw mill, and other
building and erections, incident thereto, extending over
on to a portion of said premises; And, whereas, before
incurring the expense of erecting such buildings as afore-
said, said company desires to be assured in the exclusive
444 REVISED CITY ORDINANCES.
right in itself to use and occupy said premises; And,
whereas, said premises are not required for street or other
public purposes, therefore :
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That all that portion of Commercial street
east of Diagonal street, and all that portion of Tower street
north of Diagonal street, and all that portion of the outer
Levee north of the north line extended of lot seven (7), block
two (2) in Dubuque Harbor Improvement Company's addi-
tion be, and the same is hereby vacated.
SEc. 2. That the Standard Lumber Company of Du-
buque, Iowa, its successors and assigns, is hereby granted the
exclusive right to use and occupy for manufacturing pur-
poses, or purpose, incident thereto, the premises so vacated
and designated in Section i of this' ordinance.
SEc. 3. That at the expiration of twenty-five (25) years
from the date of the passage of this ordinance, or at any time
thereafter, said Standard Lumber Company, its successors or
assigns, shall re -convey and surrender to the City of Dubuque,
without compensation, the premises herein vacated, not in-
cluding the improvements thereon, if required by said city
for street purposes, or if abandoned by said Standard Lumber
Company for three consecutive years as a_ manufacturing
plant.
Szc. 4. This ordinance shall not go into effect and
operation, until a written acceptance of the terms and condi-
tions thereof has been made by the said Standard Lumber
Company.
Adopted this 21st day of February, 1888.
Attest: JOHN STAFFORD, CHRIS. A. VOEI,KER,
Recorder. Mayor.
REVISED CITY ORDINANCES. 445
The undersigned consents to the proposed vacations upon
the terms and conditions of this ordinance, which is hereby
accepted. STANDARD LUMBER COMPANY,
By W. H. Day, President.
CHAPTER CXLIII.
AN ORDINANCE providing for the vacation of a part of
city lot 304;, and for certain consideration, granting the
exclusive use of the premises so vacated to John P. Page,
his heirs and assigns forever. Whereas, The City of
Dubuque is now the owner of lotNo. 2 of the sub -division
of what was originally city lot 304, and, Whereas, Said
lot No. 2, aforesaid, is now leased to and occupied by
John P. Page, for hotel purposes; therefore,
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That in consideration, that said John P.
Page deed to the City of Dubuque for street purposes, lots
No. z of the sub -division of the south one-half of lot No. 305;
the City of Dubuque hereby vacates, quits all claim, and
grants to John P. Page, his heirs, executors and assigns, the
perpetual and exclusive right to use and occupy so much of
said lot No. 2. As more fully described as follows, to -wit
Commencing at a point on the south line of said city lot 3o4,
a distance of 47 feet from the southwest corner of said city lot
304, thence northeasterly a distance of 15 feet, thence north-
erly a distance 49.8 feet to a point 16.7 feet west from the
southeast corner of said city lot 304, thence west to a point 44
feet from the southwest corner of said city lot 304, thence
southerly in a straight line a distance of 51.7 feet to the
point of beginning; said piece of property to be hereafter
known and designated on the city map as lot 2a of the sub-
division of city lot 304.
SEC. 2. That, whereas, the City of Dubuque is the
446 REVISED CITY ORDINANCES.
owner of a piece of ground, lying contiguous and immediately
east of said lot 2a more particularly described as follows, to -
wit : Commencing at the northeast corner of said city lot 304,
thence west on the north line of said city lot No. 304, a dis-
tance of 16.7 feet, thence southeasterly a distance of 49.8 feet;
thence northeasterly a distance of 6o.3 feet to the point of
beginning, said piece of land to be hereafterknown as lot 2 of
the sub -division of the city lot 304 ; and whereas, said John
P. Page now occupies said lot 2 with buildings and 'obstruc-
tions, it is hereby provided that this ordinance shall not be
valid unless said Page shall remove said obstruction on or be-
fore July 1st, 1891, or at any time thereafter by order of the
City Council; the intention being that lot 2 of city lot 304,
and said lot i of the sub -division of south half of city lot 305,
shall be used as a public highway for street purposes.
SEc. 3. It is further hereby provided, that the map
hereto attached, executed by M. Tschirgi, Jr., City Engineer,
dated Feb. lath, I891, is hereby accepted by the city as a
correct map of the sub -division of city lots Nos. 304 and 305;
and the City Engineer is hereby directed to record the same
in the book of plats.
SEc. 4. This ordinance shall be in force from and after
its passage and publication in the official paper of the city.
Adopted March 2nd, 1891.
Attest: J. C. FITZPATRICK, Approved: ROBT. W. STEWART,
Recorder. Mayor.
CHAPTER CXI,IV.
AN ORDINANCE vacating the alley in block 2o, in Du=
buque Harbor Improvement Company's addition, located
between. Cedar and Seventh streets in the City of Du-
buque, Dubuque County, Iowa, and granting the ex -
REVISED CITY ORDINANCES 447
elusive use of the premises so vacated to O. F. Hodge, of
the City of Dubuque, Dubuque County, Iowa.
Whereas, O. F. Hodge has petitioned the City Council
of the City of Dubuque, for the vacation of the alley in block
20 in Dubuque Harbor Improvement Company's addition, to
the City of Dubuque, Iowa, located between Cedar and
Seventh streets in said city, and,
Whereas, notice of the application of said O. F. Hodge,
for the vacation of said alley, has been for ten days published
inthe official )aper of the City of Dubuque, and,
Whereas, no objections have been filed or made to the
proposed vacation of said alley, and,
Whereas, it appears to this couucil that said alley is not
required for street purposes, or any other public purpose;
therefore,
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That the alley in block 2o, in Dubuque
Harbor Improvement Company's addition to the City of Du-
buque, Iowa, located between Cedar and Seventh streets, be
and the same is hereby vacated.
SEc. 2. The said O. F. Hodge of Dubuque, Iowa, his
successors and assigns,are hereby granted the exclusive right,
to use and occupy forever, the alley herein vacated, and
more definitely described in Section i of this ordinance.
SEc. 3. This ordinance shall be in force and take effect
from and after its passage and publication in the official
papers of the City of Dubuque, Iowa.
Adopted September 2nd, 1889.
Attest: J. C. FITZPATRICK, ROBT. W. STEWART,
Recorder. Mayor.
Published September 12th, 1889.
448
REVISED CITY ORDINANCES
CHAPTER CXLV.
AN ORDINANCE granting to Carr, Ryder & Engler Com-
pany of Dubuque, Iowa (incorporated), the right to build
and maintain an arch over the alley located between
Jackson and Washington streets and Ninth and Tenth
streets, in the City of Dubuque, Iowa, with certain con-
ditions and obligations and restrictions regarding the
same.
Be it Ordained by the City Council of the City of Dubuque:
SECTION I. That the Carr, Ryder & Engler Company,
a corporation organized under the laws of the State of Iowa,
with principal place of business in Dubuque, Iowa, its suc-
cessors and assigns, be and are hereby authorized to build
and perpetually maintain an arch or covering over the alley
between Jackson and Washington and Ninth and Tenth
streets, in the City of Dubuque, Iowa.
Sc.E2. That said arch or covering shall not be less
than sixteen feet in height from legal grade of said alley to
the under side of the crown of said arch or covering.
SEC. 3. That the said Carr, Ryder & Engler Company,
(being the owner of all the land in the block where said
alley is located) its heirs, successors and assigns, by the ac-
ceptance of this ordinance, hereby perpetually obligates
itself, and themselves, to become responsible to any indi-
vidual, persons or corporation sustaining any injury or dam-
age by reason of the construction and maintenance of said
arch or covering, and thereby agree to hold the City of Du-
buque harmless and free from all or any such loss, damage or
litigation as may result from the construction and mainte-
nance of said arch or covering.
SEC. 4. This ordinance shall be in force from and after
3
REVISED CITY ORDINANCES. 449
its acceptance, in writing, by the proper officer of the Carr,
Ryder & Engler Company and its passage by the Council
and publication in the official papers of the City of Dubuque.
Attest: ROBERT W. STEWART, Mayor.
J. C. FITZPATRICK, Recorder.
Adopted December i, 189o.
Published.
I, E. A. Engler, being secretary, and duly authorized
do hereby accept the above ordinance granting right to Carr,
Ryder & Engler Company to erect and maintain arch or cov-
ering over alley and hereby bind said company, its heirs, as-
signs and successors to the terms of said ordinance,and agree
that this acceptance shall become a part of the records of the
City Council of the City of Dubuque.
CARR, RYDER & ENGLER COMPANY.
E. A. ENGLER, Secretary.
CHAPTER CXI,VI.
AN ORDINANCE to authorize the erection of posts and
wires, and the maintenance of a Telephone Exchange in
the City of Dubuque, by the Western Telephone Com-
pany.
Sc.FI. Permission granted upon what SEC. 5.
conditions.
2. Poles shall not interfere with 6.
other improvements.
3. City may grant like permission
to others.
4. City may use poles and telephones.
Company liable for damages, and
must hold city harmless.
Failure to comply with ordinance
creates a forfeiture.
7. Ordinance is in nature of a con-
tract, and in force when and
how long
Be it Ordained by Ike City Council of the City of Dubuque :
SECTION r. That permission is hereby granted to the
Western Telephone Company, its successors and assigns, to
erect upon the public streets and alleys in the City of Du-
buque, at such points as may be designated by the City
Council of said city, through its Committee on Streets, poles
29
450
REVISED CITY ORDINANCES
or posts of wood or other suitable material to support
the necessary telephone wires, to operate and use as a Tele-
phone Exchange in said city. Provided, That said Western
Telephone Company and its successors and assigns, shall,
during the continuance of the permission heretofore granted,
under proper and reasonable rules and restrictions, keep and
maintain an office and operator on lines of telephone wires at
some convenient point within said city, and connected and
used with the telephone . system of said company; and, pro-
vzded, the said posts shall be so placed, and the wires upon
them kept at such elevation, and so attached and secured at
such elevation, as to avoid danger to persons and adjacent
property, and the use of such streets and alleys for other
lawful purposes; and such posts in the business and densely
built portions of said city be kept properly painted by said
company; and, provided, further, that such poles or posts and
wires shall not be placed upon either Main, Locust or Iowa
street in said city without the express permission of .the City
Council, given by resolution or ordinance.
SEc. 2. Said poles shall not be set so as to interfere
with the constructing or placing of any water pipe, gas pipe,
drain or sewer, or the flow of water therein that has or may be
placed by authority of said city. And in case of bringing to
grade or change of grade of any street or alley whereon such
posts may have been erected and placed, then said telephone
company, its successors or assigns, shall change such posts
and re -set the same under the direction of the Street Commit-
tee of the council of said city.
SEc. 3. It is expressly provided that said city may at
any time during the continuance of the permission granted in
this ordinance, grant a like permission through and over, and
upon the streets and alleys of said city, to any other company
or companies, person or persons, it may deem proper, like
permission to erect, maintain and use the necessary posts or
REVISED CITY ORDINANCES.
451
poles and wires to properly operate a system or systems of
telephones; such action is not to interfere with the proper use
of the poles and wires, under the permission granted in this
ordinance.
SEC. 4. Said city shall at all times during the continu-
ance of the posts erected under permission of this ordinance,
have free use thereon upon which to place their fire alarm
connections; and said city shall have from said company, its
successors and assigns, during said term, the use, free of
charge, of three telephones connected with the telephone
system of said city; and for all other telephones used by said
city, now or hereafter, the same shall be furnished by said
company at one-half the regular rates for the time being,
charged by said company, the same to be placed at such
points within the city limits as the council may designate,
and to be kept and maintained in good repair and working
condition by said company, its successors or assigns. Pro-
vided, that nothing herein shall be construed to increase the
price at present paid for the use of telephones by the fire
department of said city.
SEc. 5. Said Western Telephone Company, its succes-
sors or assigns, shall be liable to any person or persons in-
jured, for all damages resulting from the erecting, placing
and maintaining of such poles and wires, under the permission
given in this ordinance, as well as from the carelessness or
misconduct of any agent or employe of said company, or its
successors and assigns, in placing and maintaining or using
such posts or wires so placed.
And also hold said city safe and harmless from any dam-
ages and costs, or cause of action that may be accrued against
it, by reason of the placing or maintaining of such poles and
wires, and the carelessness or misconduct of the agents or em-
ployes of said company in regard to the same; and said com-
452 REVISED CITY ORDINANCES
pany shall defend all suits brought against said city for dam-
ages arising from or caused by placing or maintaining the
said poles and wires in the streets and alleys -aforesaid.
SEC. 6. In the event of said company, its successors or
assigns, failing to comply with any of the provisions of this
ordinance, or violating the terms thereof, then it or they shall
forfeit to the City of Dubuque all rights and permission given
or granted under this ordinance.
SEC. 7. This ordinance is in the nature of a contract,
and shall be in force from and after passage and publication
in the Dubuque Herald, and the acceptance in writing of the
provisions thereof by the said Western Telephone Company;
and shall continue in force for the period of twenty (2o) years
from the date hereof, subject to the provisions thereof; said
publication to be at the expense of said Telephone Company.
Passed and approved this 7th day of August, 1882.
CHAPTER CXI,VII.
AN ORDINANCE authorizing The Knapp, Stout & Co.
Company to fill and occupy certain streets in the City of
Dubuque, and to define the conditions of said privileges;
to provide for the construction of a sewer on Eighth
street, and granting certain rights of way for railroa d
track.
SEC. 1. Eighth street sewer extended.
2. Ground to be filled and how
filled.
3. May fill streets to grade and
use same.
4. City may require for public
purposes.
5. Assessable valuation not to be
increased except.
SEC. 6. City reserves rights.
7. May lay railway tracks on streets
when.
8. Franchise given upon condition.
9. Failure to comply with require-
ments.
10. Company to furnish funds.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That the sewer on Eighth street, in the
REVISED CITY ORDINANCES. 453
City of Dubuque, be extended on and along said street from
the track of the Chicago, Milwaukee & St. Paul Railroad to
the slough, and that the same be constructed by the city in
such a manner as shall be hereafter determined by the City
Council.
SEC. 2. That in consideration of the rights and privi-
i leges herein granted, The Knapp, Stout & Co. Company is
hereby required to fill to ordinary high water mark with earth
filling, all the lots and parts of lots and lands now owned by
said company or H. L. Stout within the City of Dubuque
and lying east of the tracks of the Chicago, Milwaukee & St.
Paul Railroad north of the filling ground of said company or
H. L. Stout and south of the south line of Eleventh street.
And within nine months from and after the completion of the
extension of the sewer on Eighth street herein provided for
(unless delayed by unforseen causes, in which case as soon
thereafter as possible), to fill. to the same grape and in same
manner all the lots and parts of lots and lands now owned by
the said Knapp, Stout & Co. Company or H. L. Stout within
the City of Dubuque lying east of the Chicago, Milwaukee &
St. Paul Railroad north of the alley between Seventh and
Eighth streets and south of the filled grounds of said com-
pany or of H. I,. Stout, lying north of Eighth street.
Suc. 3. That at the time of filling said lots, said com-
pany shall fill to the same grade, and with earth filling, all
the streets within the boundaries described in Section 2 here-
of, and is hereby authorized to exclusively use and occupy all
streets and parts of streets so filled until the same shall be re-
quired by the city for public purposes.
Suc. 4. Whenever the city shall require for public pur-
poses any street or any part thereof, filled and occupied un-
der the provisions of this ordinance, possession thereof shall
be given by said company, its representatives or assigns, at
454 REVISED CITY ORDINANCES.
the expiration of one year from the time of giving notice to
said company, its representatives or assigns, to remove there-
from, and upon payment by the city of the actual cost of fill-
ing said street, or the part thereof so required,without interest
and in no case to exceed the sum of twenty-five cents per
cubic yard. All payments shall be based upon the measure-
ments of the City Engineer.
SEc. 5. The assessable valuation for the purposes of
city taxation of all the lots and lands included within the
boundaries defined by section two hereof, now owned by said
company or H. L. Stout, shall not be increased for the period
of six years from the first day of January, A. D. 1886 : Pro-
vided, however, that such exemption from increased valuation
shall cease and determine as to all lots abutting upon any
streets so filled, of which the City of Dubuque shall require
possession at any time before the expiration of said six years,
by giving notice and making the payment herein required to
be made.
SEc. 6. The right to the city is hereby expressly re-
served to put in filling upon any street within the limits here-
in named, while the salve is being filled by said company
under the provisions hereof, and to have the same measured
by the City Engineer, whose estimates shall be deducted from
measurements made for the purpose of payment by the city
for the filling of such street.
SEc. 7. The Knapp, Stout & Co. Company, their suc-
cessors or assigns, are hereby authorized to lay down and
maintain a single railway track across all streets and alleys
from the intersection of the track of the Chicago, Milwaukee
& St. Paul Railroad with the track of the Dunleith & Du-
buque Bridge Company, in a northeasterly direction, across
Washington, Wall, Pine and Seventh streets, and the alleys
between said streets, to a point in the alley between Seventh
REVISED CITY ORDINANCES. 455
.and Eighth streets, in the Dubuque Harbor Improvement
Company's addition, thence easterly along said alley to the
slough: Provided, Said Company shall, before constructing
any railway track across or along any such streets or alleys,
first ascertain and compensate for the damage to abutting
property caused thereby, as required by section 464, title 4,
chapter Io, of the code of Iowa.
SEC. 8. That said franchise is given on the express con-
dition that the track permitted shall be put in at a grade ap-
proved by the City Council, and subject to all state and city
laws and police regulations, and said Company shall, when-
ever required by the City Council, keep the space between the
rails planked at all street crossings and construct approaches
thereto, so that all vehicles may pass over the same.
SEc. 9. In case of failure on the part of said The Knapp,
Stout & Co. Company to comply with any of the require-
ments of this ordinance in relation to the filling or use and
occupation of the streets all -the rights and privileges herein
granted shall cease and determine.
Stc. io. Should The Knapp, Stout & Co. Company
fail to comply with contract as to filling property and streets
south of their present filling, they are to pay interest at six
per cent. on the cost of sewer until such time as they do com-
ply with said contract. And said The Knapp, Stout & Co.
Company are to furnish the necessary funds to enable the city
to purchase filling sufficient to protect said sewer as the
work progresses, said filling not to cost to exceed twenty-five
cents per cubic yard; said filling to be measured and included
in cost of filling said Eighth street by The Knapp, Stout &
Co. Company.
456 REVISED CITY ORDINANCES.
SEc. I i. This ordinance shall be in force from and
after its publication in the Dubuque, Daily Herald.
Attest : JAMES AGNEW,
Recorder, Pro Tem. Mayor.
Adopted January 14th, 1886.
We hereby accept the conditions and obligations of the
above ordinance, and agree to perform the requirements of
the same.
JOHN GLAB,
THE KNAPP, STOUT & CO. COMPANY,
Per FRANK D. STOUT, Ass't Treasurer.
CHAPTER CXLVIII.
AN ORDINANCE providing for the erection and mainten-
ance of telegraph poles and the stringing of wires there-
on, by the North American Telegraph Company, in the
City of Dubuque.
Be it Ordained by Me City Council of the City of Dubuque:
SECTION i. That the North American. Telegraph Co.,
its successors and assigns, is hereby granted the right and
privilege to erect and maintain telegraph poles, and to string
wires thereon, along the following named alleys and streets in
the City of Dubuque, subject to the control and direction of
the Street Committee of said city, viz : Along Third street,
westerly to the alley between Locust and Bluff streets; thence
northerly to Eighth street; thence west to Bluff street. Also,
by such routes as the Street Committee may hereafter desig-
nate, to West Dubuque, Rockdale, Eagle Point and to Glab's
Brewery.
SEC. 2. That this ordinance shall be in force from and
after notice in writing, of its acceptance by said North
American Telegraph Company, and the publication of this
ordinance in the Dubuque Daily Telegraph.
Adopted September 9, A. D. 1886,
REVISED CITY ORDINANCES. 457
CHAPTER CXLIX.
AN ORDINANCE granting to the Eleventh Street Elevator
Company the right to construct and maintain a street
railway along Eleventh street, in the City of Dubuque,
from the west side of Bluff street to Highland Place, and
to regulate the operation of the salve.
SEC. 1. Right to construct elevator. SEC. 4. Maintain platforms and rooms.
2. Ordinance granted upon condi- 5. Courcil to enforce police regula-
tions. tions.
3. How operated. 6. Rights granted upon condition.
Be it Ordained by the City Council of the City of Dubuque :
SECTION I. That the Eleventh Street Elevator Com-
pany, its successors and assigns, be and is hereby granted the
right to construct and maintain, for the conveyance of pas-
sengers, a street railway along Eleventh street, in said city,
from the west side of Bluff street to a point at or near High-
land place.
SEC. 2. That the rights and privileges contained in
Section one (i) are granted on the following express condi-
tions, to -wit:
First —That th e said Eleventh Street Elevator Company
shall have said railway fully completed and in operation
within fifteen (i 5) months from the date of the taking effect
of this ordinance.
Second —That said railway shall be constructed in sub-
stantial accordance with the plans submitted to the Council,
and in such a manner as shall cause the least possible annoy-
ance or inconvenience to the residents on the line of the
street and vicinity; that the track shall occupy the center of
Eleventh street, unless otherwise directed by the City Coun-
cil, and shall be so constructed as to cause no obstruction to
the use of said street, or the streets and alleys intersect-
458 REVISED CITY 'ORDINANCES.
ing the saine, for ordinary travel. That said tracks shall be
carried over the intersections of Grove street and Weigel
alley, and of the alley next west of Bluff street at such eleva-
tion as shall permit all teams and vehicles of every kind with
their loads to pass under said tracks at all times without
obstruction. That the waiting rooms, platforms and cars
shall be constructed in a neat and artistic style, and the
superstructure built in a neat and substantial manner.
SEc. 3. That said railway shall be operated by means
of a stationary engine and wire cable ; that hard coal, coke,
or such other kind of fuel shall be used in connection with
the engine, as shall produce the least possible quantity of
smoke; and that the waiting rooms, platforms and cars shall
at all times be kept in a neat and orderly condition.
SEC. 4. That said Elevator Company shall have the
right to maintain at the upper and lower termination of its
tracks, and also at their intersection with Grove street, the
platforms or waiting rooms necessary for the accommodations
of the public, but said platforms or waiting rooms shall be so
constructed as not to obstruct the free use of the street for
ordinary travel. That said company shall also have the
right to locate the stationary engine furnishing the motive
power for the operation of said railway, and the structure
necessary to protect the same, at or near the base of the re-
taining wall at the intersection of Eleventh street and High-
land Place.
SEc. 5. That the City Council shall have the right to
make and enforce any reasonable police regulations it may
deem necessary for the safe operation of said railway, and the
protection of the public.
SEc. 6. The rights and privileges granted by this ordi-
nance to the Eleventh Street Elevator Company are upon
REVISED CITY ORDINANCES. 459
the further condition that said company shall snake full com-
pensation to the owners of property abutting on the line of
said railway, for any damages which may be made to appear
to result from the construction of said railway.
Passed July 8, 1887.
CHAPTER CL.
AN ORDINANCE Providing for the Apportionment of the
City Revenues into Different ) unds. .
Be it Ordained by the City Council of the City of Dubuque
SECTION I. The City Council shall, at its first reg-
ular session in April of each year, make an appropriation
from the total contemplated revenues of a certain sum of
money, the same to be specified by resolution, to be set apart
to defray the expenses of the following named departments
of the city government for the ensuing year: (I) Road De-
partment; (2) Bridge Department; (3) Eire Department; (4)
Police Department; (5) Sewerage Department; (6) Water De-
partment; (7) Light Department; (8) Engineering Depart-
ment; (9) Expense Department.
SEC. 2. That upon the making of such appropriations
by the Council, the Recorder shall transmit a copy of the
resolution to the City Auditor, who shall thereupon credit
each of said department with the amount so appropriated,
the same to be taken from the general expense levy and
charge the same to the city; and the said Auditor shall in-
clude in his monthly report to the City Council the amounts
expended from each of said department funds, and the
amounts still remaining to the credit of each of said depart-
ments.
CITY COUNCIL OF DUBUQUE.
1Rutes of ®rber.
RuLE I. The rules of procedure and order of business
shall be strictly adhered to by the City Council, unless they
shall be temporarily suspended by the consent of three -
fourths of the aldermen present.
RULE 2. The City Council shall meet regularly on the
first Monday of each month, at 9 o'clock A. M., except the
month in which a general city election is held for aldermen
and city officers, when the regular meeting for such month
shall be held on the following Thursday.
RULE 3. Special meetings of the Council may be called
at any time by the Mayor, or in his absence by the president
pro tem., by giving to each member reasonable notice of such
meeting, sent personally by the Marshal, or by notice in
writing left at his usual place of residence or business, stat-
ing 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 yote and
no other.
RULE 5. At all meetings of the Council a majority of
all the aldermen elected shall constitute a quorum to do busi-
ness, but a minority may adjourn from day to day, and com-
pel the attendance of absent members, by a fine of not to
exceed ten dollars for each and every such offense.
RULES OF ORDER. 46
RuLE 6. At the hour of meeting, the members shall
be called 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 be
present. If made necessary by the absence of the Mayor and
president pro tem., the members present may elect one of
their number president for the occasion. Upon the appear-
ance of a quorum, and being duly organized, the Council
shall proceed to the business before them, which shall be
conducted in the order following:
I. Reading the minutes of the last meeting —amend-
ment and approval of the same.
2. Presentation of bills.
3. Presentation of petitions and communications.
4. Reports of officers.
5. Reports of standing committees.
6. Reports of select committees.
7. Unfinished business of preceding meetings.
8. Motions, resolutions and notices.
RULE 7. The Mayor shall preserve order and decorum,
and shall decide questions of order, subject to appeal to the
Council.
RULE 8. While the Mayor is putting the question no
member shall walk across or out of the Council room.
RULE 9. No member shall leave the sittings of the
Council without leave of the president.
RULE ro. Every member, when desirous of speaking,
shall rise from his seat, address himself to the Mayor. and
say, "Mr. President," but shall not proceed with his re-
marks until recognized and named by the chair.
462 RULES OF ORDER.
RULE 11. Persons other than members of the Council
shall not address the Council otherwise than in writing.
RULE 12. No member shall speak more than twice on
the same general question, without the leave of three -fourths
of the members present.
RULE 13. While a member is speaking no member shall
entertain private discourse, or pass between him and the
Chair.
RULE 14. A member called to order shall immediately
sit down, unless permitted to explain. If there be no appeal,
the decision of the Chair shall be conclusive; but if the
member appeal from the decision of the Chair, the Council
shall decide on the case without debate.
RULE 15. All motions and resolutions shall be reduced
to writing, if required by the president or a member, and
when seconded and stated by the Chair, shall be open for
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
question is stated from the chair, shall vote thereon, unless
excused by the Council, or unless he be directly interested
in the question, in which case he shall not vote.
RULE 17. If a vote is doubted, any member may call
for a division, and the question shall then be decided by the
members rising in their places. The ayes and noes may be
called for by any one metnber, in which case the names of
members voting shall he recorded on the minutes.
RULE 18. If the question in debate contains several dis-
tinct propositions, any member may have the same divided.
RULES OF ORDER. 463
RULE 19. When a blank is to be filled and different
sums and terms are proposed, the question shall first be put
upon the largest sum and longest time.
RULE 2o. Motions on the subject under consideration
shall have precedence in the following order :
1.
2.
3.
4.
To lie on the table.
To postpone.
To comrnit.
To amend.
RULE 21. A motion to adjourn shall always be in order,
except that it shall not be repeated without the intervention
of some other proceeding; it shall have precedence over all
other motions, and shall be decided without debate.
RULE 22. A motion for the " previous question," to lie
on the table, or to comrnit, shall, until it is decided, preclude
all amendment and debate on the main question, and a mo-
tion to postpone indefinitely, or to a certain day, shall, until
it is decided, preclude all amendments on the main question.
RULE 23. The "previous question" shall be as follows:
" Shall the main question be now put ? "
RuLE 24. A motion to reconsider shall not be enter-
tained, except on the same day, or at the next succeeding
regular meeting after the day on which the vote was taken,
and shall be made only by a member who voted with the
majority.
RULE 25. All committees shall be appointed by the
Mayor, or in his absence, by the president pro tem., unless
otherwise directed by the Council.
RULE 26. Standing and select committees shall in all
464
cases report in writing. All reports of committees shall be
addressed, "To the Mayor and Aldermen," or the "City
Council" of Dubuque.
RuLE 27. The standing committees shall be appointed
annually, and the person first named on the committee shall
be chairman thereof. The following shall be the standing
committees, to -wit:
1.
2.
3.
4.
5.
6.
RULES OF ORDER
On finance.
On ordinances.
On claims.
On streets.
On harbors.
On markets.
7. On public grounds and buildings.
8. On printing.
9. On fire and water.
Io, On police and light.
11. On delinquent tax.
12. On sewers.
13. On supplies.
14. On electrical construction.
15. On paving.
16. On executive committee; board of health.
RuLE 28. All appointments to office by the Council
shall be by ballot or viva voce, as the Council shall determine,
and a majority of the members present shall be necessary to
a choice.
RuLE 29. All ordinances or by-laws of a general or per-
manent nature shall be fully and distinctly read at two reg-
RULES OF ORDER. 465
ular meetings of the Council before their final passage. No
ordinance shall contain or relate to more than one subject,
which shall be clearly expressed in its title.
RULE 3o. The City Recorder shall direct all papers to
appropriate 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 meet-
ings of the Council.
RULE 31. The Marshal shall have charge of the Coun-
cil room, shall attend all the meetings of the Council, and
assist in preserving order.
RULE 32. The Council shall keep a journal of its pro-
ceedings, 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 alder-
men elected may, at their discretion, expel any member.
But if such member be re-elected to fill the vacancy occa-
sioned by such expulsion, he shall not again be expelled for
the same offense.
RULE 33. No personalities or reflections injurious to the
feelings of any member, or the harmony of the Council, shall
be tolerated, and every person indulging in such personali-
ties shall be called to order by the chair.
APPENDIX.
CHARTER OF CITY
AND
ACTSOFTHE LEGISLATURE
OF THE
STATE OF IOWA
APPLICABLE TO
Cities Acting Under Special Charters
AND
ACTS OF CONGRESS.
CITY CHARTER.
AN ACT for revising and consolidating the laws incor-
porating the City of Dubuque.
SECTION 1. Be it enacted by the General Assembly Boundaries.
of the State of Iowa, that all that part of the County of
Dubuque, in the State of Iowa, included within the
following boundaries, to -wit : Beginning at a point in
the middle of the main channel of the Mississippi river,
in the south line continued of section thirty-one (3r) in
township eighty-nine (89) north of range three (3) east
of the fifth principal meridian ; thence west along the
south line of said section continued, and along the south
line of sections -thirty-five (35) and thirty-six (36) in the
same township, of range two (2) east of the fifth princi-
pal meridian, to the west line of said section thirty five
(35) ; thence north along the west line of sections
thirty-five (35), twenty-six (26) and fourteen (14), to
the north 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 mentioned range line to its intersection with the
north line of section seven (7) in the same township of
range three (3) east of said meridian ; thence east along
the north ling of se: Lion seven (7) and along said line
continued to the main channel of the Mississippi river ;
thence down the middle of the main channel of the Mis-
sissippi to the place of beginning, shall be, and is
hereby declared to be a city, and the inhabitants thereof
are created a body corporate and politic, with perpetual
succession, under the name and style of the City of
Dubuque, and as such, and by that name, shall be
capable in law of contracting and being contracted with,
of suing and being sued, pleading and being impleaded.
answering and being answered unto, in all courts and
places, in all matters whatsoever; and also of purchas-
ing, using, occupying, enjoying and conveying real,
personal and mixed estate, and may have and use a
4 CHARTER OF CITY OF DUBUQUE.
corporate seal, and may change, alter and renew the
same at pleasure, and shall be competent to have,
exnd
er-
cise and enjoy all the rights, immunities, powers
privileges, and be subject to all the duties and obliga-
tions incumbent upon and appertaining to a municipal
corporation.
Officers. SEC. 2. The right and power to exercise the cor-
porate powers hereby and herein granted, and the
administrationof the fiscal, prudential and municipal
affairs of said city, with the conduct, direction and
government thereof, shall be vested in a Mayor and
Aldermen, to be denominated the City Council, neither
of whom, while holding their respective offices, shall
hold any other under the city government ; and in a
Recorder, Auditor, Treasurer, Marshal and City Attor-
ney, and such other officers as are herein mentioned, as
the City Council, for the better fulfillment and powers adminis-
tration of the corporate duties and
herei
granted, may by ordinance create and establish.
To be elected. SEC. 3. The Mayor, Aldermen, Recorder, Treas-
urer, Auditor, and City Attorney, shall be elected at the
annual election, by the qualified voters of said city, as
hereinafter provided ; and the said Recorder, Treasurer,
Auditor, and City Attorney, shall hold their offices,
respectively, for the term of one year from the date of
their election, and until their successors are elected and
This Section qualified. Such other officers as the City Council may
amended by by ordinance provide for, shall be either elected by the
Acts of 21st G. people or appointed by the City Council, as such
A., and chap- ord• inance may determine ; if elected by the people, they
ter 27, Acts of
22d c1. A. hold theiroffices for the term of one year, and until
their successors are qualified if appointed by the City
Council, they shall hold their offices for such time as
shall be fixed by ordinance, not longer than one year,
or at the pleasure of the Council. All city officers,
To take oath. before entering on the duties of their respective
thconstitu-
tionces,
shall take an oath or affirmation to support
of the United States and of the State of Iowa, and
faithfully and impartially to perform the duties of the
offices to which they may be elected or appointed, and,
when required by the Council, shall, except the City
Judge, give bonds in such sums and with such sureties
as the Council may, determine and approve, for the faith-
ful performance of all the duties appertaining to their
respective offices. All elective officers shall be citizens
of the State of Iowa, and qualified voters in said city.
When elected. SEc. 4 The annual election for city officers shall
CHARTER OF CITY OF DUBUQUE.
5
take place on the first Monday of April in each year.
Polls shall be opened in each ward under the direction
of judges of election, and a clerk to be appointed by the
City Council. It shall be the duty of the Mayor, at
least ten days previous to each election, to issue his
proclamation setting forth the time and place at which
the polls shall be opened, which shall be published in
the official papers of the city. The rules prescribed by Rules of elec-
law for the regulation of township elections, shall gov- tton.
ern, as far as applicable, the election of city officers, and
returns within two days shall be made out in the same
manner as by the township trustees, and delivered in a
sealed envelope to the Mayor, who shall within one
week from the day of election, at a regular meeting of
the City Council, or at a special meeting to be called
for that purpose, open the returns in the presence of the
Council, and the Council, upon examination and com-
parison of the returns, shall judge and decide the result,
and these proceedings shall be , entered upon the record
by the Recorder in his minutes of the proceedings of
said Council of that meeting. Every person qualified Qualifications
f alificati ns
to vote for state or county officers in the county of Du-
buque, and who shall have resided in said city for the
space of six months, shall be qualified to vote at city
elections in the ward where he resides.
SEC. 5. The City of Dubuque shall be divided in wards.
such manner as the City Council may by ordinance
determine, into five or more wards, which may be
altered or changed at the pleasure of the said Council :
Provided, That such change shall not affect the right of
any member to hold his seat during the time for which
he is elected. Two aldermen shall be elected from each Aldermen.
ward, who shall hold their office for the term of two
years ; and these terms shall be so arranged that one
alderman shall be elected from each ward each year.
Any citizen who is a qualified voter in said city may be
elected alderman from the ward in which he resides, and
a removal of his residence from such ward shall be
deemed a vacation of his office. No member of the Notto be inter -
City Council shall be directly or indirectly interested in r seed .ln eon -
the profits of any contract or job for the city, and to
become so interested, or being so interested when
elected, shall be deemed a vacation of said office.
Neither shall any alderman vote in said Council upon
any question in which he is directly or indirectly inter-
ested.
SEC. 6. The City Council shall have power to judge Pi. er of coun
6 CHARTER OF CITY OF DUBUQUE.
as to the qualification of its members, and to establish
rules and regulations for the government of its proceed-
ings ; and to prescribe the times and places at which the
meetings of the Council shall be held ; and to make all
ordinances necessary and proper for carrying into effect
the powers herein granted, and to enforce obedience to
such ordinance imprisonment not exceedgne thirtydd red
s, door
l-
lays, or by
by such fine and imprisonment.
SEC. 7. The City Council shall have power, and it
is hereby made their duty :
Fill vacancies. First —To fill all vacancies ich may toccurpeamong wn so
the officers of said city, by appointment,
appointed to hold office until the xt asucceeding Apbe
ril
election, when the vacancy
teal if
filled by election by the p
Fix salaries. Second —To establish and fix the salaries and com-
pensation of all officers of said city, not fixed by this
act.
Protect city. Third —To provide all needful regulations and pre-
cautions to protect the city and the inhabitants thereof,
against injuries by fire, thieves, robbers, burglars, and
all persons violating the public peace.
the
on of
Punish crime_ ots,
gal bng, and all ndecentrovide randdisorderly picconduct,iand
for the punishment of all lewd and lascivious behavior
in the streets and other public places in said city.
Prohibit cer- Fifth —To prohibit the erection in any square or frac-
tain buildings. tion of a square in said city of any building or of any
addition to any building, except the entire walls there-
of, shall be of stone, or brick and mortar, and to provide
for the removal of any building erected contrary to the
true intent and meaning of said prohibition. i
Establish Fire Sixth —To organize and establish fire companies,
and
and
co'pari1es. provide them with engines and other apparatus,
to
regulate and prohibit the establishment of an indepen-
dent fire company or companies, after the passage of
this act.
Seventh —To require and
tr compel
ets the
re sovaand l f all
obstructions of the public
he
abatement of all nuisances in said city.
Bight to fill or Eighth —To cause all grounds or lots where water
drain lots at ex-
lers of own- snail at any to be raised,tfilledbup or drained, at the expensenant or remain nofing,
the
es.
Abate nuis-
ances.
CHARTER OF CITY OF DUBUQUE.
7
owner thereof, and to effect this object the said Council
may give notice to the owners thereof, or their agents,
or in case of non-resident owners without known agents,
notice may be given by publication in one or more of
the newspapers published in said city, to fill up, raise or
drain such grounds at their own expense, and the Coun-
cil shall designate how high such grounds shall be filled
up or raised, or in what manner they shall be drained ;
and in case the owners shall fail to fill up or drain such
ground, within the time designated in said notice, the
City Council may cause the same to be done at the ex-
pense of the city, and assess the expenses thereof against
said grounds, and such assessment shall be placed in
the hands of the City Collector, who shall proceed to
collect the same., with costs, by sale of such grounds, in
such manner and under such restrictions and regulations
as may be provided by ordinance: Provided, The owner
of such grounds shall have the right to redeem within
one year after sale, by paying the purchasers the amount
by them paid with to per cent. interest thereon.
Ninth —To make regulations to secure the general Rulesto secure
enth
health of the city, and to cause the removal of all dirt, of the city.
filth, or other nuisance, which may at any time be ac-
cumulated upon any lots or streets or alleys in said city,
at the expense of the owners of the grounds on which it
lies.
To establish
Tenth —To establish hospitals, workhouses and a city
Iiospib'Is,
Workhouses,
jail, and make regulations for the government thereof. ana city a"n:
Eleventh —To prohibit hogs, cattle, horses and all To prohibit
other animals from running at large in the streets, alleys ais=
and public places in said city.
Twelfth —To establish a day and night police, and Estabush po-
punish resistance to them or any other city officers in Irce.
the discharge of their duties.
Thirteenth —To open, alter, extend, widen, establish control over
and vacate, and to grade, pave and otherwise improve, Stree's.
clean and keep in repair the sidewalks, streets, alleys,
wharves, docks, landings, and other public grounds of
said city.
Fourteenth —To establish, erect and keep in repair, Bridges.
bridges, culverts and sewers, and regulate the use of
the same ; to establish, alter and change the channel or
water courses, and to wall them up and cover there
over.
8 CHARTER OF CITY OF DUBUQUE.
Market House. Fifteenth —To erect market houses, establish
market
places, and provide for the regulation and g
overnme
thereof.
Sixteenth —To provide for all neeful buildings for
and
the use of the city, and for enclosing,improving g
protecting all public grounds belonging to the city.
Seventeenth —To regulate the use of wharves and
public landings, • fix the rate of wharfage and regulate
the stationary anchorage and mooring of all boats and
rafts within the city.
To regulate li- Eighteenth —To license, tax and regulrocate
,ameroneers,
cease of Mer- peddlers and traveling merchants, g
chants, hotels, chretailers, hotel keepers, and keepers of livery stables, of
etc.
eating houses, boarding houses, saloons and wlarrants,
of
amusement, and bankers, dealers in money,
notes and other evidences of indebtedness, and works of
all kinds.
Nineteenth —To license, tax and regulate hackney
carriages, omnibusses, wagons, carts, drays, and all
other vehicles, and porters, and fix the rates to be
charged for the carriage of persons, and for the wagon -
age, cartage, drayage or porterage of property.
Twentieth —To licensee, tax, regulate and suppress
theatrical and other exhibitions, shows and amusements,
and billiard tables, ten pin alleys, and to suppress
gambling houses, and bawdy houses, and
houses
regulate
s sof
prostitution ; also to tax and destroy dogs,
the weights and measures to be used in said city ; to
provide for the inspection and measuring of wood,
Inspection pro- lumber and oils, and for the inspector and
duce, etc.
visions, pro -weighing of coal and hay, and to provide for and regu-
late the inspection of beef, pork, flour, butter, lard and
other provisions, and to regulate the vending of meat,
poultry, vegetables and other provisions.
Regulate build- Twenty -first —To establish regulations respecting char-
ings. acter and size of the foundation and other walls of build-
ings in said city, and to enforce the same by the remov-
al of buildings erected in violation of such regulations at
the expense of the owner or lessee of the lots upon which
they are situated.
To purchase Twenty -second —To purchase land or other prop erty
Tana arose of for the use of the city, and to dispose of all personal
real apr perapleasure of the Council, and
sonar property. property real the city the the P when authorized so to do
of the estate of city,
Public Build_
ings.
Wharves.
License carri-
ages, wagons,
drays, etc.
Licensethea-
ters, shows,
dogs, etc
CHARTER OF CITY OF DUBUQUE. 9
by the majority of the legal voters ; and the Council may
by ordinance provide for submitting the question of the
sale of the real estate, or any part thereof, to the voters
of said city, in such manner and at such times as it may
deem expedient.
Twenty -third —To collect taxes to defray the current To collect
expenditures and pay the debts of the city: Provided, taxes.
That the tax for any one year shall not exceed one per
cent. upon the assessed value of all property taxed.
Twenty -fourth —To provide for the assessment of all To provide for
taxable property in said city, with reference to taxation assessment.
for city purposes. Appeal shall lie from the assessment
of any officer appointed by the City Council to assess
property, to the City Council, whose adjudication shall
be final.
Twenty -fifth —To audit all claims against the city, Audit claims.
and order the payment of such as shall be allowed.
Twenty -sixth —The City Council shall have the ex- License and
elusive right to license and regulate ferries, and to es- T1e ulate fer-
tablish the rates of ferriage between Dubuque and the
opposite bank of the Mississippi river.
Twenty-seventh —To make all such ordinances as to To make Ordi-
them shall seem necessary to provide for the safety, names.
preserve the health, promote the prosperity, and improve
the morals, order, comfort and convenience of said city
and the inhabitants thereof.
SEC. 8. The ordinances passed by the City Council Ordinances,
shall take effect from and after the date of their publi- w : to take
cation in such newspaper of the City of Dubuque as the
Council shall designate. the date of which publication
shall be noted by the Recorder in his record of the or-
dinances, and such record shall be evidence of the time
and fact of such publication : Provided, That the City Right to revise.
Council may authorize the revision and publication of
the ordinances in book or pamphlet form, in which case
such revised ordinances shall take effect from and after
the date of such publication ; and such book or pam-
phlet shall contain the resolution of the City Council
authorizing its publication, and a certificate of the City
Recorder that the ordinances and resolutions therein
contained are correct copies from the records in his of-
fice, and shall then be received without further proof, as
presumptive evidence of such ordinances and resolu-
tions : And, Provided, further, That the City Council
may provide for the taking effect of any ordinance not
10 CHARTER OF CITY OF DUBUQUE.
before a day certain therein specified. All ordinances
passed by the City Council shall be signed by the Mayor
and attested by the Recorder, and shall be recorded in
books kept for that purpose.
SEC. 9. All orders of the City Council for th e atptest-
ay-
ment of money shall be signed by the Mayor
ed by the Recorder and countersigned by the City
Auditor.
SEC. To. All fines and forfeituresonto the Treasury
viola-
tions of city ordinances shall be paid
iand the Mayor shall see that the same is done without
unnecessary delay.
Mayor, duty SEc. 11. The Mayor is the executive officer of the
and power of. c•
ity, and it is' his duty to be vigilant and active at all
city
tin ecausing force athe nd duly executeinances and d, nlations of the
and shall take
putgovernment comply
care that all officers under the city g
with the law and ordinances
etheuCitysCouncil, but
coun-
cil ; he is ex-officio president ofvote when
shall have no vote therein except a casting
there is a tie. The City Council shall elect a Mayor thpro
tempore, who, in case of the absence or inability ofall the
e
Mayor, shall discharge all the duties and possess
powers that belong to the Mayor.
Recorder. SEC. 12. The Recorderaull record of the proceedingsshall be secretary of the y
Council and shall keepp
hea shall have the custody
of the of l the city seal, and shall dis-
, books and
charge ofthe cy,
such other duties as may be devolved fce at such
on him
by law or ordinance, and shall keep
eand office
at such
place as the City Council shall provideine proper
e.
SEC. 13. The City Auditor shall
fair proper
books provided for that purpose, revenues, full
and fair expenditures,
of the finances of the city,
indebtedness and rforits. He hall countersign all
money appropriated
orderston the treasuuryy drawn
by the City Council, when signed by the Mayor and at-
tested by the Recorder, and shall perracer orsuch oresoltior
duties as the Council may by
require.
SEC. 14. It shall be the duty of the City Marshal to
City Marshal. attend the meetings of the City Council, to execute its
orders, to arrest and bring before the proper court, with
or without warrant, all whom he shall e nd in the actual
orm such other
violation of any ordinance, and to p
Orders, how
signed
Fines paid to
Treasury.
Auditor.
CHARTER OF CITY OF DUBUQUE. 11
duties as may be devolved upon him by law or ordi-
nance. The City Council may by ordinance authorize
the Marshal to appoint deputy marshals.
SEC. 15. It shall be the duty of the City Treasurer City Treasurer.
to take charge df and keep the funds and moneys of the
city ; he shall keep the same in separate funds, to be de-
nominated the " general fund " and the " road fund, "
and shall pay out money only upon orders from the City
Council, signed by the Mayor and attested by the Re-
corder, 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 re-
port his receipts and expenditures, as required by the
City Council.
SEc. 16. It shall be the duty of the City Attorney to City Attorney.
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 duties as may be devolved
upon him by law or ordinance.
SEc. 17. The City of Dubuque is authorized to bor- city may bor-
row money upon the credit of the city, and to issue the row money.
bonds of the city : Provided, That the proposition to
borrow money shall first pass the City Council, and
shall then, under proclamation by the Mayor, be sub-
mitted to the vote of the people, which proclamation
shall state the amount of money to be borrowed, and the
purpose for which the money is to be borrowed ; and in
case the proposition is adopted by a vote of two-thirds
of the qualified electors of said city, the City Council
may at any time thereafter, within the space of one
year, authorize the borrowing of the money, and the is-
suing of the bonds.
SEC. 18. The City of Dubuque is constituted a spe- City special
cial road district, and the care and supervision of the road district.
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. No county or township officer having the care
or supervision of roads, is required to expend labor
upon the highways in the City of• Dubuque, but the
duties and responsibilities imposed by law upon such
officers shall, as to the streets and highways in said city,
devolve upon the City Council.
12 CHARTER OF CITY OF DUBUQUE.
SEc. 19. The City Council shall have power to
open, widen or extend any street or alley in said city,
and under such regulations as may
bym on summoned,ordinance
who
be
prescribed, may cause a jury to
shall apportion and assess the damages and benefits
which any person may sustain by reason thereof, upon
the lots or lands adjoining, or in thei dsuch apportion,
ediate vicinity
which may be benefitted thereby ; an
ment and assessment shall be returned d into city
Council, and shall be collected and paid
1 persons inthe whose
treasury. Notice must be gpublication,
property is appropriated, in writing or by
pub1i The
or they will not be bound by eproceedings.
roceed n a The
damages assessed to any persons
alid
claim on the part of such persons against the city, and
may be sued for and recollectedtas any
beconsidered her claim.
as ape
date at which any p P y. as e of a sappropriated, shall be at the time of the passage
reso-
lution by the City Council, ordering the laying out and
establishment of the street, and the jury shall be sum-
moned to assess the damages apportionment st within one month
shall not be subject
thereafter, and their app
to be quashed by the City Council, but may be returned
to the same jury for the correction of any irregularities
or informalities.
Marshal to no- SEc. 20. The Marshal shall notify the, owners of all
tify owners. lots and grounds against which any sum shall be
apportioned, to pay the same within thirty dshalls. n
cases where neither such owners nor any agents
beo residents of the b City of u , or are unknown,
n any newspaper in
notice may givenbe Y publication shall be
said city for two weeks If default of payment
made, the Recorder shall deliver to the collector of
taxes for the city a'statement of the same, and he shall
proceed to collect the same by sale of the property as
may be prescribed by ordinance.
May levy spe- SEC. 21. The city may levy a special tax on any lot
cial tax. or lots, or the owners thereof, on any alley, street 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 pre-
scribed by ordinance.
May appropri-
SEc. 22. The city may appropriate lands for the
ate landsfor purpose of using the same for jails, workhouses,for
public nse. kets and other public buildings, and to provide
supplying the city with water by constructing acque-
City may open,
widen or ex-
tend streets or
alleys.
CHARTER OF CITY OF DUBUQUE.
ducts, reservoirs, and other conveniences, and compen-
sation therefor to be ascertained as provided by law.
SEc. 23 No addition to the City of Dubuque shall t Regulate
gulns a paddy
be lawful unless it, is first submitted to the City Council
for their approval, who shall have exclusive authority to
provide for and regulate the width of streets and alleys
in such addition; and when the same shall he so
approved of, it shall be admitted to record on the
records of the city, and shall thereafter become a lawful
addition thereto : . Provided, That the owner or owners
of the land included in said addition shall furnish, for
the use of the city, a correct map of the same for public
reference ; and the provisions of the statutes of Iowa
shall also be complied with In all such cases, so far as
the same are applicable and not inconsistent with this
act.
SEC. 24. Actions for the violation of city ordinances Actions, how
shall be brought in the name of the State of Iowa, for brought.
the use of the City of Dubuque. The proceedings shall
be by information sworn to, which shall be filed with
any justice of the peace having his office within said
city, whereupon said justice of the peace shall issue a
warrant for the apprehension of the accused. But the
City Council may by ordinance provide that certain
designated officers may arrest any person actually found
violating any ordinance, and commit them for trial with-
out warrant ; the trial shall be in a summary manner,
and without the intervention of a jury, unless demanded
by the defendant.
SEC. 25. The City of Dubuque shall be and hereby
is invested as the lawful owner and proprietor, with all
the real, personal and mixed estates, and all the rights
and privileges thereof, together with all the property,
funds and revenues, and all the moneys, debts, accounts
and demands due and owing, or in any wise belonging
to the City of Dubuque, under any previous act of
incorporation, and all rights, interests, claims and
demands against or in favor of said city, may be con-
tinued, prosecuted, defended and collected in the same
manner as though this act had never been passed.
SEC. 26. The City Council shall provide by ordi- charges
nance for the mode in which charges may be preferred against officers
against any officer under the city government, and for
the hearing of the same, and they may remove any city
officer from office, as provided in the next section.
Property vest-
ed in the City
of Dubuque.
14 CHARTER OF CITY OF DUBUQUE.
SEc. 27. Any member of the City Council may be
expelled or removed from office by a vote of two-thirds
of all the aldermen elected ; but not a second time for
the same offence ; and any officer under the city govern-
ment, appointed by the City Council, may be removed
from office by a vote of a majority of all the aldermen
elected ; but it shall require a vote of two-thirds of all
the aldermen elected to said Council to remove any
officer elected by the voters of the city, or of any ward
or district.
Council to levy SEC. 28. The City Council are authorized to levy in
special tax. each year a special tax, to pay the interest on such loans
as are authorized by the seventeenth section of this act.
Aldermen to SEc. 29. The aldermen of the City of Dubuque and
bold for term. all other officers now elected, shall hold and exercise
their offices for and during the term for which they are
chosen.
parts of Acts All Acts ts SEc. 30. All acts and parts of acts heretofore passed
repealed. relative to the incorporation of said City of Dubuque
shall be, and the same are hereby repealed, as far as the
same come within the purview of this act. All ordi-
nances passed under prior acts of incorporation of said
city, and heretofore in force, not inconsistent with the
provisions of this act, shall continue in force until altered
or repealed, and shall be deemed in compliance with the
requirements of this act as far as applicable.
SEC. 31. This act shall be taken and viewed in all
courts as a public act.
This act to be SEC. 32. This act shall be submitted for the ap-
submitted to proval of the electors of the City of Dubuque at an
cote of people. election to be held on the first Monday in March, A.
D. 1857 ; but prior to said election the whole act shall
be published in the Northwest, the Tribune, the Express
and Herald, the National Democrat, the Republican and
the Staats Zeitung newspapers, at the expense of said
city. The tickets which shall be polled at such elec-
tions shall contain either the words, " For the amended
charter," or, " Against the amended charter." And if
a majority of all the legal votes at such election shall
be in favor of the amended charter, then this act shall be
in force from and after its publication in the Northwest
To take effect. and Express and Herald newspapers, without expense
to the State. If a majority of such electors shall vote
against the amended charter, then this act shall not be
Member of
Council may
be expelled.
Public Act.
CHARTER OF CITY OF DUBUQUE.
in force until after the next session of the General
Assembly of the State of Iowa.
Approved January 28, 1857.
I hereby certify that the foregoing was published in
the Northwest February 24, 1857.
ELIJAH SELLS,
Secretary of State.
15
REFERE\CES.
TO GENERAL LAWS of the State of Iowa, not directly
applicable to the city of Dubuque, and therefore not pub-
lished in full in this volume, but which, in cases possible to arise,
might affect the interests of the city and the powers of the City
Council.
Chapter to, Title IV., Revised Code, Sections 434 to 439 inclu-
sive, prescribes method by which cities incorporated under special
charter may abandon their charters and organize under the
general law.
Chapter 47, Acts of i6th General Assembly, empowers cities
to extend their corporate limits, made applicable to cities under
special charters by Chapter 158, Acts of aoth General Assembly.
Chapter 151, loth General Assembly. Relating to parks, and
authorizing the election of commissioners and the levy of special
taxes therefor.
Chapter 13, Acts of zest General Assembly. To enable cities to
aid in the construction of highway
lbridges
toover
tinavigable
r bound-
ary rivers of Iowa. Made app
special
charters by chapter 98 of same General Assembly.
Chapter 173 of list General Assembly empowers cities to con-
tract with railroad and bridge companies for the use of bridges
which have, or may be constructed by such companies, as a public
highway, and to levy a tax in order to carry out terms of such
contracts.
Chapter 32, Acts of 22d General Assembly, authorizes cities
under special charters to require railway companies to construct
and maintain viaducts over or under the tracks of such companies.
Chapter 143, Acts i6th General Assembly, authorizes cities to
establish superior courts.
LAWS OF 1OWA,
RELATING TO
Cities Acting Under Special Charter.
AN ACT to grant to the City of Dubuque title to certain lands.
WHEREAS, The City of Dubuque has purchased of the United
States a large tract of land, consisting of low lands and islands,
lying between the main channel of the Mississippi river and the
main west bank thereof, and has received of the United States
patents therefor, and has expended and caused to be expended
large sums of money in running streets across, filling and
improving said low lands and islands, and the sloughs and
ponds of water which intersect the same, and
WHEREAS, Doubts have arisen whether the title of said lands is
now in the State of Iowa, therefore :
SECTION i. Be if enacted by the General Assembly of the State
of Iowa, That there be, and there is hereby granted and released
to the city of Dubuque, all the title ano interest vested in the State
of Iowa, in and to the lands and islands, and in the beds of the
sloughs and ponds of water, within so much of sections number
nineteen and thirty in township number eighty-nine, north of range
number three, east of the fifth principal meridian, and also within
so much of sections number twenty-four and twenty-five, in town-
ship number eighty-nine, north of range two, east of the fifth
principal meridian, as lies east of a line commencing a point where
the north line of said section number nineteen intersects with the
west shore of Lake Peosta ; thence southerly along the west shore
of Lake Peosta, and of the slough to the northeast 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 hun-
dred and eight, and five hundred and ten, to the northeast corner
of lot number four hundred and four ; thence on the west line of
the levee, as laid out on the plat of the town of Dubuque, made by
s
18 LAWS OF IOWA.
survey by the government of the United States, to where the same
intersects with the south line of the 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 affect the rights of private indi-
viduals holding title either from the general government or school
fund.
SEC. 2. This act shall in no wise limit or impair the jurisdic-
tion of the State of Iowa upon the lands and territory hereby
granted and released.
Approved March 3, 186o.
AN ACT to enable incorporated towns and cities to acquire,
commold,
improve and dispose of lands for public squares, parks,
and cemeteries.
SEcTIoN I. Be it enacted by the General Assembly of hrchabe lands
e State
of Iowa : That any incorporated town or city may p
parks, o commons for cemeteries, es,orate mand its for
public
ose,uornarnensquares,se, as within r without tand
improve the same.
SEC. 2. Incorporated towns and cities within or without whose
limits lands have been or may be dedicated to the public fir the
uses mentioned in the preceding section of this act, shall have
entire control of the same, and shall have power, in case such lands
are deemed unsuitable or insufficient for the purpose for which
they were originally or may hereafter be granted, to dispose of and
convey the same ; and conveyances executed in accordance with
this act shall be held to extinguish all rights and claims of any such
town or city to such land existing prior to such conveyance.
SEc. 3. In the event of such lands aforementioned being so
for streets to acf dcommodate adjoed, ining ng property ownh of such land ersl be reserved
Approved April 5, 1864.
CHAPTER X, TITLE IV, REVISED CODE
SO FAR AS APPLICABLE TO
Cities Acting Under Special Charters.
SPECIAL CHARTERS.
POWERS.
SEC. 454. Cities and towns organized as provided Enumerated.
in this chapter, shall be bodies politic and corporate, R. Sec. 1047.
under such name and style as they may select at the
time of their organization ; and may sue or be sued ;
contract or be contracted with ; acquire and hold prop-
erty, real and personal ; have a common seal, which
they may change and alter at pleasure ; and have such
other privileges as are incident to municipal corpora-
tions of like character or degree not inconsistent with
the laws of the State.
SEC. 455. All municipal corporations organized Same. R. Sec.
under this chapter shall have the general powers and 1056.
privileges and be subject to the rules and restrictions
granted and prescribed in the succeeding section.
SEC. 456. They shall have power to prevent injury
or annoyance from anything dangerous, offensive or un-
healthy, and to cause any nuisance to be abated ; to
regulate the transportation and keepingof gunpowder
or other combustibles, and to provide or license maga-
zines for the same ; to pre ent and punish fast or im-
moderate riding or driving of horses through the streets;
to regulate the speed of trains and locomotives on rail-
ways running over the streets or through the limits of
the city or incorporated town by ordinance, and enforce
the same by a fine not exceeding one hundred dollars ;
to establish and regulate markets ; to provide for the
measuring or weighing of hay, coal or any other article
Prevent nuis-
ances, riots,
gaming houses,
establish mar-
ets. R. Sec.1057.
20
Regulations
against fires.
R. Sec. 1058.
Burial of the
dead.
R. Sec. 1061.
LAWS OF IOWA.
of sale; to prevent any riots, noise, disturbance, or dis-
orderly assemblages ; to suppress or restrain disorderly
houses, houses of ill -fame, billiard tables, nine or ten-
pin alleys or tables, and ball alleys ; and to authorize
the destruction of all instruments or devices used for
purposes of gaming ; and to protect the property of the
corporation and its inhabitants, and to preserve peace
and order therein.
SEC. 457. They shall have power to make regula-
tions against danger from accidents by fire, to establish
fire districts, and, on petition of the owners of two-
thirds of the grounds included in any square or block,
to prohibit the erection thereon of any building or any
addition to any building, under the outer walls thereof
be made of brick and mortar or of iron and stone and
mortar, and to provide for the removal of any building
or additions erected contrary to such prohibition.
SEC. 458.. They, shall have power to regulate the
burial of the dead, to provide without the limits of the
corporation places for the interment of the dead, to pre-
vent any sub -interments within such limits and to cause
anybody interred contrary to such prohibition to be
taken up and buried without the limits of the corpora-
tion.
Animals run- SEC. 459. They shall have the power to restrain and
R. Sec. 1061..
ning at large. regulate the running at large of cattle, horses, swine,
sheep, and other animals, within the limits of the cor-
poration ; and to authorize the distraining, impounding
and sale of the same for the penalty incurred and costs
of the proceeding ; to prevent the running at large of
dogs and injuries therefrom, and to authorize the de-
struction of the same when at large contrary to any pro-
hibition to that effect.
Theatrical eX- SEC. 460. They shall have power to regulate or pro-
hibitions. hibit all theatrical exhibitions, of whatever name or na-
R. sec. loss. ture, for which money or any other reward is in any
manner demanded or received ; but lectures on scientific,
historical or literary subjects shall not come within the
provisions of this section.
Public library. SEc. 46r. The establishment and maintenance of a
established, no free public libraryis herebydeclared to be a proper and
money to be ap- .
propriated eX- legitimate object of municipal expenditure; and the
people. on vote of
people. Council or Trustees of any city or incorporated town
C.17, 14 G. A. may appropriate money for the formation and mainten-
ance of such a library, open to the free use of all its in-
habitants under proper regulations, and for the purchase
LAWS OF IOWA.
of land and erection of buildings, or for the hiring of
buildings or rooms suitable for that purpose, and for the
compensation of the necessary employes : Provided,
That the amount appropriated in any one year for the
maintenance of such a library shall not exceed one mill
upon the dollar upon the assessed valuation of such city
or town. Any such city or incorporated town may re-
ceive, hold, or dispose of any and all gifts, donations,
devises and bequests that may be made to such city or
incorporated town for the purpose of establishing, in-
creasing or improving any such public library ; and the
city or town council thereof may apply the use, profits,
proceeds, interests and rents accruing therefrom, in such
manner as will best promote the prosperity and utility
of such library. Every city or incorporated town in
which such a public library shall be maintained, shall be
entitled to receive a copy of the laws, journals, and all
other works published by authority of the state after the
establishment of such library,for the use of such library,
and the Secretary of State is hereby authorized and re-
quired to furnish the same from year to year to such
city or incorporated town. But no appropriation of
money can be made under this section unless the prop-
osition is submitted to a vote of the people; and at the
municipal election of such city or town, the question,
" shall the city (or town council, as the case may be,)
accept the benefit of the provisions of this section ? "
SEC. 462 They shall have power to regulate and li- Auctioneers
cense sales by auctioneers and transient merchants with- me chantsent
in their corporate limits : Provided, That the exercise C. 97, 9 G. A.
of the power shall not interfere with sales made by sher-
iffs, constables, coroners, marshals, executors, guardians,
assignees of insolvent debtors or bankrupts, or any
other person required by law to sell real or personal
property.
SEC. 463. They shall have power to regulate or pro- Sale of animals
hibit the sale of horses or other domestic animals at pub- atn ection'tax
lic auction in the streets, alleys, or highways ; to regu- carts, taverns,
late, license and tax all cartswagons, drays, coaches, ng iigno sicat-
omnibuses, and every description of carriage which may R. Sec. 1063.
be kept for hire ; to regulate and tax taverns and houses
for the public entertainment, and to regulate or prohibit
the sale of intoxicating liquors not prohibited by the
laws of the state.
stsSEc. 464. They shall have power to lay off, widen, and publaclleys
straighten, narrow, vacate, extend, establish and light grow ys and
streets, alleys, public grounds, wharves, landings and R. sec. 1064..
22
LAWS OF IOWA.
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 places street railways on all streets, alleys and publicpace
but no railway track can thusbe located tting laid and adon wn
until after the injury toproperty
e
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 manner provided
for taking private property for works of internal im-
provement in chapter 4 of title ro of Code of 1873.
Grading of SEC. 465. They shall have power to provide for the
sstreets; eon" grading and repairs of any street, avenue or alley, and
sewers. of g g
the construction of sewers, but no street shall be graded
A. v
C. sec' 14 except the same be ordered to be done by the affirma-
G. AA. tive vote of two-thirds of the City Council or Trustees.
[In addition to this see chapter 51, Acts of Fifteenth General Assembly
s found
Sidewalks; SEc. 466. They shall have power to construct side -
highways, spe- walks, to curb, pave, gravel, macadamize, and gutter
property assent
property own- any highway or alley therein, and to levy a specialtax
Sa on the lots and parcels of land fronting on such highway
same, sec. or alley to pay the expense of such improvement. But
unless a majority of the resident owners of the property
subject to assessment for such improvement petition the
Council or Trustees to make the same, such improve-
ment shall not be made until three -fourths of all the
members of such Council or Trustees shall, by vote,
assent to the making of the same.
Expense as- SEC. 467. They shall have power to repair perma-
sessedon prop- nent sidewalks, and to assess the expense thereof on the
Same. sec. 3. property in front of which such repairs are made.
Temporary SEc. 468. They shall have power to provide for the
•sidewalks, ex -lain of temporary plank sidewalks upon the natural
Same limited. layinggrade, on
same. See. 5. surface of the ground, without regard
exceed-
streets not permanently improve provide for the
ing forty cents per lineal foot, and to in front
assessment of the cost thereof on the property
of which the same shall be laid.
NOTE. —Section 469, amended by sections 8, 9, to
and 11 of chapter 116 of the 16th General Assembly.
Landpurch's'd SEC. 470. They shall have power to purchase or
for condemned condemn, and pay for out of the general fund, and enter
for public pur-
c°1 7,10 G. A. upon and take any lands within or without the territory
l
c. so, 1s G. A. limits of such city or town for the use of public squares,
LAWS OF IOWA,
23
streets, parks, commons, cemeteries, hospital grounds,
or any other proper or legitimate municipal use, and to
inclose, ornament and improve the same. They shall
have entire control of the same, and shall have power,
in case such lands are deemed unsuitable or insufficient
for the purpose for which they were originally granted,
to dispose of and convey the same ; and conveyances
executed in accordance with this chapter shall be held
to extinguish all rights and claims of any such town or
city to such lands existing prior to such conveyance.
But when such lands are so disposed of and conveyed,
enough thereof shall be reserved for streets to accom-
modate adjoining property owners.
SEC. 471. They shall have power to erect water Water works.
works, or to authorize the erection of the same ; but no i4 G,
such works shall be erected or authorized until a major-
ity of the voters of the city or town at a general or
special election by vote approve the same.
SEC. 472. They shall have power to construct or sane.
authorize the construction of such work without C. 8, Secs. 2,
3 4, 14 G. A.
their limits, and for the purpose of maintaining and '
protecting the same from injury, and the water from
pollution, their jurisdiction shall extend over the terri-
tory occupied by such works and all reservoirs, streams.
trenches, pipes and drains used in and necessary for the
construction, maintenance and operation of the same,
and over the stream or source from which the water is
taken for five miles above the point from which it is
taken ; and to enact all ordinances and regulations
necessary to carry the power herein conferred into
effect.
SEC. 473. When the right to build and operate such when privilege
works is granted to private individuals or incorporated granted to in -
companies by said cities and towns, theymaymake ai��ideuals.
Same. See. 5.
such grant to inure for a term of not more than twenty-
five years, and authorize such individual or company to
charge and collect from each person supplied by them
with water, such water rent as may be agreed upon be-
tween said person or corporation so building said
works and said city or town ; and such cities and
towns are authorized and empowered to enter into a
contract with the individual or company constructing
said works, to supply said city or town with water for
fire purposes, and for such other purposes as may be
necessary for the health and safety thereof, and to pay
therefor such sum or sums as may be agreed upon
between said contracting parties.
24
LAWS OF IOWA.
May condemn SEC. 474 Said cities or towns are hereby author -
private prop- ized to condemn and appropriate so much private
erty.
Same, Sec. 6. 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 ordi-
nance, upon such person or corporation, the said power
to take and appropriate private property for said pur-
pose.
Assess water SEC. 475, All 'cities or incorporated towns construct -
rents as a spe- ing such works are authorized to assess, from time to
ciaita, conee- time, in such manner as .they shall deem equitable,
San ef, amount
same,: sec. S. upon each tenement 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 col-
lected, in addition to the taxes now authorized .to be
levied, a special tax on taxable property in said city or
town, which tax, with the water rents hereby authorized,
shall be sufficient to pay the expenses of running and
operating such works, and if the right to build, main-
tain 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 ortown shall levy each year, and
cause to be 'collected, a special tax as provided for
above,- sufficient to pay off such water rents so agreed
to be paid to said individual or company 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 before making said levy.
Proceedings SEC. 476. When it shall be deemed necessary by
when private any such corporation to enter upon or take private
property is
condemned. property for any of the above uses, an application in
sec. loss.A.writing snall be made to the circuit court, which appli-
cation C. 8U, 13 G.
shall describe as correctly as may be, the
property to be taken, the object proposed, and the own-
ers of the property, and of each lot or parcel thereof
known, and notice of the filing thereof shall be given as
is required to commence a civil action in said court.
After such notice shall, have been given, the court shall
proceed to determine the compensation to be paid for
LAWS OF IOWA. 25
the taking of the property, and for that purpose shall
empanel a jury, and the mode of procedure therein
shall be the same, so far as applicable, as in action by
ordinary proceedings. The assessment shall be made
so that the amount payable to each owner may be
ascertained either by allotting it to each owner by name
or on each lot or parcel of land, and the inquiry and
assessment shall in other respects be made by the jurors
under such instructions 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 dis-
cretion of the court, and in case they shall be discharged
from rendering a verdict in whole or in part, another
jury may be empaneled at the earliest convenient time,
which shall make the whole inquiry and assessment, or
the part not made, as the case may be.
SEC. 477. When the amount of compensation due Payment or de -
to any of the owners of the property to be taken shall posit; pf esm
be ascertained, the court shall make such order as to sion when
its payment or deposit as may be deemed just and R s % oss.
proper, and may require adverse claimants to any part
of the money or property to interplead, so as to fully
settle their rights and interests, and may direct the time
and manner in which possession of the property shall
be taken or delivered, and may, if necessary, en-
force 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 making an assessment 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 as com-
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
its payment by a deposit of money under the order of
the court, possession of the property may be taken and
the public work or improvement progress.
Assessment on
SEC. 478. Each municipal corporation may, by a fo ced ow en -
general ordinance, prescribe the mode in which _ the a. sec. loss
26
LAWS OF IOWA.
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 pay-
able 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
lien enforced by a proceeding in law or in equity, either
in the name of such corporation, or of any person to
whom it shall have directed payment to be made. In
any such proceedings, where pleadings are 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 insti-
tuted against all the owners or any of them, to enforce
the lien against all the lots or land, or each lot or parcel,
or any number of them embraced in any one assess-
ment, but the judgment or decree shall be rendered
separately for the amount properly chargeable to each.
Any proceedings may be severed, in the discretion of
the court, for the purpose of trial, review or appeal.
Recovery had SEC. 479. In any such proceeding, where the court
or charge en- trying the same shall be satisfied that the work has
forced with penalty. been done, or materials furnished, which, according to
R. Sec. loss. 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 charge-
able on such lot or land, notwithstanding any informal-
ity, irregularity or defect in any such municipal cor-
poration or any of its officers. But in such case the
court may adjudge as to costs as may be deemed
proper, and in cases where an assessment shall have
been regularly made, and payment shall have been
neglected or refused at the time when the same was
required, any municipal corporation may 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
Preceeding fif- decree which may be rendered. The provisions and
teen sectionses ower conferred in this chapter from section four hun-
aptin a deres dred and sixty-five to section four hundred and
acting under
special char- seventy-nine, inclusive, shall apply to cities acting
tors.
under special charters.
ACTS OF
SIXTEENTH GENERAL ASSEMBLY
CHARTER LIV.
RELATING TO THE CONSTRUCTION OF SEWERS.
AN ACT to authorize cities organized under special s. F. 30.
charters to" provide for the construction of sewers.
[Additional to Code, Chapter to, Title IV: "Of Cities
and Incorparated Towns. "l
Be it enacted by the General Assembly of the State of
Iowa :
SECTION 1. That all cities in this state organized What citSee
and existing under special charters, having a population may
of not less than ten thousand as shown by the last pre-
ceding state census, may provide by ordinance for the
construction of sewers, or may divide the city into sew-
erage districts in such manner as the council may de-
termine, and pay the cost of constructing same out of
the general revenue of the city ; or assess the cost upon
the adjacent property, or may levy a certain sewerage
tax within the sewerage district, out of which to pay for
the construction of the same, which sewerage tax shall
not exceed in any one year, five mills on the dollar of
the assessed value of the property within such district.
Or may pay a part of the cost of such construction out How cost of
of the general revenue, a part by the assessment of ad eons ru paid.
jacent property, and a part by levying a tax upon all
shallthe property within the sewerage district, or may pay
for the same by pursuing any two of the methods here-
in named.
"Provided, That whenever it is deemed necessary or Property con -
expedient by the council thereof, in order to carry off e ieP for
flowing water, to follow ravines, or for other reasons, to poses.
cause a main or lateral sewer to pass through private This provision
property, said cities shall have the power to condemn passed by g4th
G.A.19nsarch24,
private property for the location of such sewers, to the
necessary extent, and in the same manner as now pro-
•
28
Amendmen
Chapter 10,
Title 4, of
Code.
LAWS OF IOWA.
o vided by law for the condemnation of private property
for the opening of streets therein, and that the cost of
such condemnation shall constitute a part of the cost of
any such sewer, and be collected accordingly."
To be done un- SEC. 2. It shall be the duty of such City Council to
der contract. require the work ofconstructing such sewers to be done
under contract therefor to be entered into with the low-
est responsible bidder, and bonds with surety for the
faithful performance of such work shall be required to
be given by the contractors.
Provided, That all bids for such work may be rejected
by such Council, if by them thought to be exorbitant,
and new bids ordered.
Provisions re- SEC. 3. All specialtaxlevied for the construction of
specting s n e - sewers under this act shall be payable by the owners
upon property p}'
cial tax; lien personally at the time of such assessment, and shall also
which may be be a lien upon the lots and lands so assessed and shall
sold t for orthe said -
ainary rages. bear such rate of interest,an thereof P in t the assessed same
may be sold for the payment
manner at any regular or adjourned sale or special sale
called therefor, with the same forfeitures, penalties and
right of redemption and certificates, and deeds on such
sales snail be made in the same manner and with like
effect as in case of sales for non-payment of the ordinary
annual taxes of such cities respectively as now or here-
after provided by law in respect thereto, or the City
Council may provide by ordinance for the sale of such
assessed property at a special tax sale to be called
therefor, after giving notice therefor three consecutive
By publishing weeks in one of the newspapers published in said city,
notice. the last of which publications shall be at least ten days
before the day of sale.
City Council to SEc. 4. Such City Council may provide by ordi-
provide mode nance for the particular mode of making and returning
or assessment. the assessments hereinbefore authorized, and payment
of such assessments may, if so directed by said Council,
be enforced by suit in court, in the manner andbdy the
proceedings provided for by sections 478, 479 48
1
of the Code.
SEc. 5. Nothing in this act contained shall take
away, impair or interfere with the powers conferred by
section 465 of the code for the construction of sewers,
and payment therefor in whole as therein provided.
Cross sewers. SEC. 6. The City Council shall have power to pro-
• vide, by ordinance, terms and conditions on which cross
Code Section
465 not to be
impaired.
LAWS OF IOWA.
sewers may be attached to or connected with main
sewers; and in cases where sewers have been construct-
ed 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.
SEc. 7. Provided, That any such city which has Proviso.
heretofore adopted a system of sewerage by which the
cost of construction has been paid out of the general
revenue, shall not be permitted to abandon such sys-
tem, anything in this law to the contrary notwithstand-
ing.
Approved March 8, 1876.
Section 7 of above act was repealed by chapter 154, 20th General As-
sembly.
29
CHAPTER CXVI.
RELATING TO CITIES ORGANIZED UNDER SPECIAL CHARTERS.
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 lo, Title IV : " Of Cities and Incor-
porated Towns,"]
Be it enacted by the General Assembly of the State of
Iowa:
SECTION 1. All cities in this State organized and To provide by
existing under special charters, may provide by ordi when taxes
nance when taxes, both general and special, shall !Lan become
become delinquent; and the rate of interest they shall delinquent.
thereafter bear, which rate shall 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 Sufficient no -
law to be given it will be sufficient to state the descrip- tiee of sale.
tion 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 previous 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 de-
linquent, at such rate of interest as the City Council
30 LAWS OF IOWA.
Letters and fig-
ures may be
used.
Irregularities.
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 advertisements for the sale of real
property for taxes, and in entries required to be made
in any manner connected with the assessment or collec-
tion of taxes, letters and figures may be used to denote
numbers, fractions of numbers, and amounts, as are
commonly used in other business transactions, and no
irregularity or informality in the advertisement shall
affect the legality of any sale, or the title of any prop-
erty 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 has due and unpaid at
the time of sale ; and in all cases the advertisement shall
be sufficient notice to the owners and persons having
an interest in or claiming title to any lot or parcel of
real estate of the sale of their property for delinquent
taxes, and a failure of the collector to 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 ordinance
interest. that all special taxes hereafter assessed and levied shall
bear the same rate of interest as the annual 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 due and delinquent at
the date when the annual taxes become delinquent,
Collection. shall be collected at the time and in the manner the
annual delinquent taxes - are collected, and the same
shall be included with the annual delinquent taxes, if
any remain delinquent, and the City " Council may pro-
vide 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 the collection of such tax by suit,
Code, sees.47s such as is authorized by sections 478 and 479, of chap -
and 479. ter to, title 4, of the Code.
Receipt by Col- SEC. 4. The collector shall in all cases, make out
lector. and deliver to the taxpayer a receipt, which receipt
shall contain the description and assessed value of each
lot 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
LAWS OF IOWA. 31
and to whom sold, also the amount of tax, interest and
costs, if any, giving a separate receipt for each year,
whereupon he shall make the proper entries of such
payments on the books of his office. And the Council Council
may
may provide by ordinance, that no person shall be per- provide.
mitted 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 contemplated 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 anyone acting as a collector, he and his bonds-
men shall be liable to an action on his official bond for
the damages sustained by any person or the city
through such neglect.
SEc. 5. The collector of taxes, or persons authorized collector shall
purchaser of any real property sold for the payment of
to act as collector, shall make, sign and deliver to the mre of Pur
chase•
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.
SEc. 6. 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 pay-
ment to the collector, or to the person authorized to
act as collector, to be held by him subject to the order
of the purchaser on surrender of the certificate, or in
case the same is lost or destroyed, on his making affi-
davit of such fact, and of the further fact that it was
not assigned, of the amount for which the same was
sold, and twenty per centum of such amount imme-
diately added as a penalty, with ten per cent. interest
per annum on the whole amount thus made from the
day of sale. " And also the amount of all taxes, either
annual or special, with interest and cost, paid at any
time by the purchaser subsequent to the sale, 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
32
Certificate of
redemption.
LAWS OF IOWA.
taxes shall have remained unpaid for thirty days after
they become delinquent."
[NOTE —As amended by chapter 174, p. 163, Acts Seventeenth General
Assembly.]
The collector or person authorized to act as collector,
shall, upon the application of any party to redeem real
property sold as aforesaid, and being satisfied that such
person has a right to redeem the same, and on the pay-
ment of the proper amount, issue to such party a certifi-
cate of redemption, in substance and form as provided
by section 89r, of chapter 2, title 6, of the Code, and shall
make the proper entry thereof in the sale book, which
redemption shall thereupon be deemed complete with-
out further proceedings.
Code, Secs.892, The provisions of sections 892, 893, and 894, of chap-
893 and 894, to ter 2, title 6, of the Code, shall, so far as the same are
apply applicable and not herein changed or modified, apply
to sales of real estate for delinquent taxes herein con-
templated : Provided, That where the words " trea-
surer, of the county " or " treasurer " are used in said
sections, the words " collector of the city " or " col-
lector," or person authorized to act as collector, shall be
substituted.
Deed to hold- SEC. 7. Immediately after the expiration of ninety
ers of certifi- days from the date of service of the notice, as prescribed
cate of pur-
chase. 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 certificate of pur-
chase, any number of parcels of real estate bought by
one person, may be included in one deed, if required by
the purchaser. Deeds executed by the collector or
person authorized to act as collector, may 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 con-
veyances hereafter made and executed on account of
Effect. 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 of any real property sold on account of such
general or special delinquent tax, shall be entitled to all
Rights and the rights and remedies which are granted and pre-
scribed by sections 897, 898, 899, 900, 9or, 902, 903, 904
and 905, of chapter 2, tide 6, of the Code : Provided,
That whenever the words " county " or " county trea-
Form.
remedies.
LAWS OF IOWA.
33
surer " are used, the words " city " or " city collector,"
or persons authorized to act as collector, shall be sub-
stituted.
SEC. 8. When the grade of any street or alley shall or Garade street
have been established, and any person shall have built
or made improvements on such streets or alley accord-
ing to the established grade thereof, and such city shall
alter such established grade in such a manner as to
injure or diminish the value of said property, said city
shall pay to the owner or owners of said property so
injured the amount of such damage or injury.
SEC. 9. Said damage or injury shall be assessed by Damages to be
three Commissioners, who shall be disinterested free- cornmic b n-
holders, to be appointed by the City Council. They ers.
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 Powers.
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 pres-
ence of the others, to administer an oath or oaths to
any witness or witnesses to be examined before them.
SEC. ro. When the appraisement shall be completed, Appraisement.
the Commissioners shall sign and return the same to
the City Council within thirty days of their appointment.
The City council shall have power, in their discretion,
to confirm or annul the appraisement, and if annulled,
all proceedings shall be void ; but if confirmed, an order
of the confirmation shall be entered. Any person inter- Appeal from
ested may appeal from the order of confirmation to the c unc % City
circuit or district court of the county in which such city
is situated, by notice in writing to the Mayor, at any
time before the expiration of twenty days after entering
the order of confirmation. Upon the trial of the appeal,
all questions involved in the proceedings, including the
amount of damages, shall be open to investigation. The
cost of any proceedings incurred prior to the order of costs.
such City Council, confirming or annulling the appraise-
ment, shall in all cases be paid by such city.
Council
SEC. r 1. The City Council shall have power to re- may
CityoTCLIunc
move Commissioners, and from time to time appoint ers.
C
nth
34
Sec. 1, Chap.
51, 15th G. A.
modified.
Council may
improve alley
without peti-
tion from prop-
erty owners.
LAWS OF IOWA.
others in the place of such as may be removed, refuse,
neglect, or be unable from any cause to serve.
SEC. 12. That so much of section 1, chapter 51,
acts of the Fifteenth General Assembly, as requires
cities to provide by ordinance for the improvement of
alleys after presentation of petition by owners of prop-
erty to be assessed, be and the same is hereby repealed ;
and such cities organized under special charters may
provide by ordinance how such improvements shall be
made, and thereafter may order any alley to be
improved, graded or macadamized, by resolution passed
by the affirmative vote of two-thirds of such Council,
and on voting on such resolution this and nays
shall be recorded.
Property may SEC. 13. All property taken and condemned by
without action be condemned virtue or (of) any power heretofore conferred or herein
to enforce the granted, may be so taken and condemned, and such
same. 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.
y SEC. 14. The City Council of any such city may
regulate and license sales by transient merchants, bank-
rupt and dollar stores, and the like : Provided, That
the exercise of such power shall not interfere with sales
made by sheriffs, constables, coroners, marshals, exe-
cutors, guardians, assignees of insolvent debtors, or
other persons required by law to sell real or personal
property.
Annual tax of SEC. 15. The City Council of all cities acting under
not to exceedspecial charters, with a population of not more than
per cent. fifteen thousand inhabitants, as shown by the last state
census, shall have power to levy an annual tax of not to
exceed three per cent. of the assessed value" of all taxa-
ble property within its limits, for the purpose of defray-
ing the annual current expenses of the city, carrying on
its municipal affairs and paying its bonded indebted-
ness : Provided, That no other or greater assessment
shall be made in any one year than the amount herein
when city con- authorized, anything in any law to the contrarynotwith-
ditucs a road standing.While all other cities actingunder special
district. P
charters may levy the taxes now authorized by law, and
when such city constitutes a road district, may levy a
road tax in addition to the road tax now allowed by law
of two mills on the dollar of the assessed valuation,
which road tax shall in no case exceed five mills : Pro -
Council m a
regulate sales.
LAWS OF IOWA. 35
vided, 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, bv
reason of the said 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 valuation 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 for city purposes.
SEC. 16. When, by the provisions of special charter, When taxes
be
taxes, or revenue of any kind, are required to be col -lest d by Mar-
lected by the marshal or any other designated officer, shag.
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.
SEC. 17. Cities acting under special charters shall Numbering of
have power to provide by ordinance for the numbering
of houses by the owners or lessees thereof.
SEC. 18. All such cities shall have power to require when flow of
the owner or lessee of any lot or tract of ground extend- 8 ructefl by ai-
ing into, across, or bordering on any hollow or ravine ing.
which constitutes a drain for surface water, or a water
course of any kind, who shall by filling or grading such
lot or tract of ground obstruct the flow of water through
such water courses, to construct through such lot or
land such a drain or passage way for water as the
Council may designate, and to enforce the same by
proper penalties, or the city may construct such drains
at the expense of the owners, and assess the cost thereof
on the lots or tracts of ground.
SEC. 19. All such cities shall have power to enforce poll tax.
the payment of poll tax in such manner as it may deter-
mine by suit, penalties or otherwise, as may be provided
by ordinance.
SEC. 20. In regard to the police powers, sanitary Police power,
regulations, and regulations for the prevention and ete•
spread of fires, and of contagious diseases, the enumer-
ated powers shall not be construed as a limitation of the
general powers.
SEC. 21. No general law as to powers of cities General laws.
organized under the general incorporation act shall in
any manner be construed to affect the charter or laws
36
LAWS OF IOWA.
of cities organized under special charters, and while
they continue to act under such charters, unless the
same shall have special reference to such cities.
Sec. 7, Chapt. SEc. 22. That section 7, chapter 238, acts of the
gas' sth G. A., Sixth General Assembly of the State of Iowa approved
repealed.
January 27th, A. D. 1857, be and the same is hereby
repealed.
Approved March 15, 1876.
6
ACTS OF
SEVENTEENTH GENERAL ASSEMBLY
CHAPTER LVI.
COMPENSATION OF CERTAIN OFFICERS IN CITIES.
AN ACT requiring that officers in certain cities receive H. F. 308.
a fixed compensation, and that all fees now allowed
such officers shall be paid into the treasuries of such
cities.
Be it enacted by the General Assembly of the State of
Iowa :
SECTION r. That all cities of the first class, organiz- oVe Sal Ty is e-
ed under the general incorporation law, and all cities or-
ganized under special charter, may provide by ordinance
that all judges of police courts or other city courts, city
marshals, chiefs of police, police officers, and all other
officers elected or appointed, shall receive in lieu of all
fees now allowed by law or ordinance, such fixed salary,
in monthly or quarterly installments,as may be provided
by ordinance, when not provided by law, which sa-
lary,when it shall have been fixed,shall not be increased
or diminished during their terms of office.
SEC. 2, No such officer of any city shall receive, for No officer shall
his own use, any fees or other compensation for his ser- receive compensaonotherti
vices of such city, than that which shall be provided as than salary.
contemplated in section one (I) of this act; but all such
fees as are now or may hereafter be allowed by law for
such services, shall, by such officer, when collected, be
paid into the city treasury, at such time and in such
manner as may be prescribed by ordinance.
SEc. 3. All acts and parts of acts in conflict here- Repealing
with are hereby repealed: Provided, That the intent of rrovsso,anfees
this act is not to abolish any fees now allowed by law, received to be
into but to require the same to be paid into the city treasury. .113.4d
treas-
Approved March 18, 1878.
ACTS OF
EIGHTEENTH GENERAL ASSEMBLY
CHAPTER XXIV.
RELATING TO CITIES ORGANIZED UNDER SPECIAL CHARTERS.
H. F. 271. AN ACT relating to cities organized and existing under
special charters, conferring additional powers and
amending the charters of such cities in certain re-
spects. [Additional to chapter to, title IV, of the
Code: "Of Cities and Incorporated Towns."]
Be it enacted by the General Assembly of the State of
Iowa;
To provide for SECTION I. That all cities in this State organized
the athe appoint-
ment byand existing under special charters, shall havepower to
Couelection' by the provide by ordinance for the appointment of a ty mar -
people, of a shal by the council of such city, or for the election of
City Marshal. such officer by the electors thereof, or may dispense
May dispense with, such officer, and confer the duties pertaining there-
with Marshal. to upon any other officer or person.
Approved March 9, 1880.
CHAPTER LIII.
RELATIVE TO TOWN OR CITY LOTS.
Ii. F. 120. AN ACT to provide that lands to be laid out into town
or city lots shall be free from incumbrance, or that
security shall be given against such 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 Gen -
LAWS OF IOWA.
eral Assembly, and chapter 63 of the laws of the Six-
teenth General Assembly.
Be it enacted by the General Assembly of the State of
Iowa :
SECTION I. That whenever any person or corpora- Perslanlaying
a yn o
tion shall lay out any parcel of land into town or city %sty iots to p�o
lots in accordance with chapter I2, title 4, of the Code, cure c e r ti fi
such person shall procure from the treasurer of the ccattestTeaatfhm
county in which the land lies a certified statement that incumrance.
the land thus laid out into lots, streets and alleys is free
from taxes, and shall also procure a certified statement
from the recorder of such county, that the title in fee to
said land is in such proprietor, and that the same is free
from every incumbrance; - which certified statements
shall both be filed with the recorder before the plat of Fora rwtth Re -
said town or city lots shall be admitted to record or be
of any validity: Provided, however, That if the parcel Proviso, shall
of land so laid out shall be incumbered with a debt cer- nott a e a in-
tain in amount, and which will fall due not more than facing due in
two years after the making of the affidavit hereinafter two
year and
provided for, and which the creditor will not accept fmin Pay ent
with accrued interest to the day of proffered payment, has been ten
if it draws interest, or with a rebate of interest at the derea.
rate of six per centum per annum, if it draws no interest,
or if the creditor cannot be found, then such proprietor,
and if a corporation its proper officer or agent, may file
with the recorder of such county his affidavit, stating Affidavit of
either that such proprietor, has offered to pay such proprietor.
creditor the full amount of his debt, with interest or
•
with a rebate of interest, as the case may be, and that
such creditor would not accept the same, or that such
creditor cannot be found, whereupon such proprietor Proprietor to
may execute a bond double the amount of such incum- execute bond.
brance with three sureties who shall be freeholders of
the county, to be approved by the recorder and clerk of
the county, which bond' shall run to the county, and
shall be for the benefit of the purchasers of any of such
town or city lots, and shall be conditioned for the pay-
ment of such incumbrance and the cancellation thereof
of record as soon as practicable after the same becomes
due, and for the holding of all such purchasers and those
claiming under. them, forever harmless from such incum-
brance; and when such affidavit and bond shall have File bond and
been filed with the recorder, together with a certificate comfit' to of
of the treasurer that said land is free from taxes, and the nrer with Re -
certificate of the recorder that the title in fee to said corder.
land is in such proprietor, and that the same is free
39
taken in 60
days.
40
LAWS OF IOWA.
from all incumbrance except that secured by said bond,
said plat shall be admitted to record, and be equally
valid as if such proprietor had filed with the recorder
the certificate of such recorder that said land was free
from all incumbrance.
Certificates, SEC. 2. All the certificates, affidavits and bonds pro -
affidavits a n a vided for in theprecedingsection .shall. be recorded in
bonds record-
ed in connec- connection with the plat to which they relate in the of-
tion with plat. fice of the recorder before the said plat or the record
thereof shall be of any validity.
Record and
plat to show
bearing and
distance from
government
corner.
SEC. 3. The record and plat of every town or city,
or addition thereto, which may be thus laid out, shall
give the bearing and distance from some corner of a lot
or block in said town or city, or part thereof, to some
corner of the congressional division of which said town,
city or addition is a part.
Not to affect SEC. 4. The provisions of this act shall not prevent
annexation of the annexation of contiguous territory to cities and
contiguous ter- towns under sections 426,428 and 2 of chapter
ter-
ritory, when. 427, 4 9 p
fo, 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.
Chapt. 25. ]5th SEC. 5. Chapter 25 of the laws of the Fifteenth Gen-
G. A., and eral Assembly, and chapter 63 of the laws of the Six-
Chapt. 63, 16th teenth General Assembly are herebyrepealed.
G.A., repealed. y p
Approved March 16, 1880.
CHAPTER CIX.
RELATIVE TO EQUALIZATION 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 :
Code, Sec. 831 SECTION 1. That section 831 of the Code of Iowa be
n aistoe amended,
amended as follows: by adding to the end of said sec-
tion 831 the following words: "Within sixty days after
the adjournment of such board of equalization but not
afterward."
LAWS OF IOWA.
41
SEC. 2. The assessor shall, before administering the Assessor tos o
oath or affirmation as is provided in section 824 of the no of5 them to
Code to the person assessed, inform him of the valuation appear�f ag-
put upon his property, and notify him that if he feels grieved.
aggrieved to appear before the board of equalization
and show why the assessment should be changed.
SEC. 3. At the first meeting of the board of equal of Duty of Board
ization of any township, town or city, they shall decide tion.
what assessment should in their opinion be raised, and
make an alphabetical list of names of the individuals
whose assessment it is proposed to raise, and post a copy
of the same in a conspicuous place in the office or place
of meeting of said board and also in each post -office
located in said township, town or city, and the board
shall, if in their opinion some .assessments should be
raised, hold an adjourned meeting with at least one
week intervening after posting of said notices before
final action thereon, which notices shall state the time
and place of holding such adjourned meeting.
Approved March 24, 1880.
CHAPTER CLI.
STATE BOARD OF HEALTH AND VITAL STATISTICS.
AN ACT to establish a State Board of Health in the Sub. S.F. 98.
State of Iowa, to provide for collecting Vital Statis-
tics, and to assign certain duties to Local Boards of
Health, and to punish neglect of duties.
Be it enacted by the General Assembly of the State of
Iowa:
SECTION I. That the governor, with the approval
AppoTt ent
of the executive council, shall appoint nine (9) persons,
one of whom shall be the attorney -general of the State
(by virtue of his office), one a civil engineer, and seven
(7) physicians, who shall constitute a State Board of
Health. The persons so appointed shall hold their of-
fice for seven (7) years: Provided, That the terms of Terms of office.
office of the seven physicians first appointed shall be so
arranged by lot that the term of one shall expire on the
thirty-first (31) day of January of each year; and the
vacancies thus occasioned, as well as all other vacancies
otherwise occurring, shall be filled by the governor, with
the approval of the executive council.
1
LAWS OF IOWA.
SEC. 2. The State Board' of Health shall have the
general supervision of the interests of the health and
life of the citizens of the State. They shall have charge
of all matters pertaining to quarantine; they shall super-
vise a state registration of marriages, births and deaths,
as hereinafter provided; they shall have authority to
make such rules and regulations, and such sanitary in-
vestigations as they may from time to time deem neces-
sary for the preservation or improvement of the public
health; and it shall be the duty of all police officers,
sheriffs, constables, and all other officers of the State, to
enforce such rules and regulations so far as the efficien-
cy and success of the board may depend upon their of-
ficial co- operation.
Dutiesofcl'rks SEC. 3. The clerk of the district and circuit courts
of courts. of each of the several counties in the State shall be re-
quired to keep separate books for the registration of the
names and post -office address of physicians and mid-
wives, for births, for marriages and for deaths, which
record shall show the names, date of birth, death or
marriage; the names of parents and sex of the child,
when a birth, and when a death, shall give the age, sex
and cause of death, with the date of the record, and the
Books shall be name of the person furnishing the information. Said
open for in-
spection. book shall always be open for inspection without fee;
and the clerks of said courts shall be required to render
a full and complete report of all births, marriages and
deaths to the secretary of the Board of Health annually,
on the first day of October of each year, and at such
other time as the board may direct.
Duties of State SEc. 4. It shall be the duty of the Board of Health to
Board. prepare such forms for the record of births, marriages and
deaths as they may deem proper; the said forms to be fur-
nished by the secretary of said board to the clerks of the
district and circuit courts of the several counties, whose
duty it shall be to furnish them to such persons as are
herein required to make reports.
Duties of phy- SEC. 5. It shall be the duty of all physicians and mid-
, midws es. wives in this State to register their names and post -office
midwives.
address with the clerk of the district and circuit courts of
the county where they reside; and said physicians and
midwives shall be required, under penalty of ten dollars
($ro), to be recovered in any court of competent juris-
diction in the State at suit 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
42
Power of
Board.
Report.
Penalty for
failure.
LAWS OF IOWA.
43
births and deaths which may come under their supervi-
sion, with a certificate of the cause of death, and such
other facts as the board may require in the blank forms
furnished, as hereinafter provided.
SEc. 6. When any birth or death shall take place, no Parent to re-
port, when.
physician or midwife being in attendance, the same shall
be reported by the parent to the clerk of the district and
circuit courts within thirty (30) days from the date of its
occurrence, and ifa death, the supposed cause of death,
or, if there•be no parent by the nearest of kin not a minor,
or, if none, by the resident house -holder where the birth
or death shall have occurred, under penalty provided in
the preceding section of this act. Clerks of the district clerkso osecre-
and circuit courts shall annually, on the first day of Oc-
tober of each year, send to the Secretary of the State
Board of Health a statement of all births and deaths re-
corded in their offices for the year preceding said date,
under a penalty of twenty-five. dollars 2 in case of
failure.
report to the clerk of the courts all cases of death which SEc. 7. The coroners of the several counties shall Coroners shall
may come under their supervision, with the cause or
mode of death, etc., as per form furnished, under pen-
alty as provided in section 5 of this act.
SEc. 8. All amounts recovered under the penalties special fund.
of this act shall be appropriated to a special fund for
carrying out the object of this law.
SEc. 9. The first meeting of the board shall be with- Meeting and
in twenty days after its appointment, and thereafter in baaaization of
May and November of each year, and at such other
times as the board shall deem expedient. The Novem-
ber meeting shall be in the city of Des Moines. A ma-
jority of the members of the board shall constitute a
quorum. They shall choose one of their number to be
president, and shall adopt rules and by-laws for their
government, subject to the provisions of this act.
SEC. r o. They shall elect a secretary IN ho shall per- Election a n
form the duties prescribed by the board and by this act. Tasalary of Sec -
He will 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, receive actual traveling
and other necessary expenses incurred in the perform-
ance 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
s
44
Biennial re-
port to the
Governor.
$5,000 annu-
ally appropri-
ated.
Secretary of
State provide
rooms.
LAWS OF IOWA.
on presentation of said certificate the Auditor of State
shall draw his warrant on the State Treasurer for the
amount.
SEC. I1. 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 proceed-
ings 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 legislative 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 secretary,
meet the contingent expenses of the office of the secre-
tary and the expenses of the board, and all costs of
printing, which together shall not exceed the sum
hereby appropriated. Said expenses shall be certified
and paid in the same manner as the salary of the
secretary. The Secretary of State shall provide rooms
suitable for the meetings of the board and office room
for the secretary of the board.
Mayors, Alder- SEC. 13. The Mayor and Aldermen of each
incor-
meanlsorauaeosf porated city, the Mayor and Council of any incorporated
Health. town or village in the State, or the trustees of any
township, shall have and exercise all the powers and
perform all the duties of a board of health within the
limits of the cities, towns and townships of which they
are officers.
Local boards . SEC. 14. Every local Board of Health shall appoint
appoint
aP s anah physi-
cians a competent physician to the board, who shall he the
ulate fees. health officer within its jurisdiction, and shall hold his
office during the pleasure of the board. The clerks of
the townships and the clerks and recorders of cities and
towns shall ' be the clerks of the local boards. The
local boards shall also regulate all fees and charges of
persons employed by them in the execution of the
health laws and of their own regulations.
,Report of phy- SEC. 15. It shall be the duty of the health physician
sicianand ark of every incorporated town, and also the clerk of the
oflocal boards.
local Board of Health in each city or incorporated town
LAWS OF IOWA.
45
or village in the State, at least once a year to report to
the State Board of Health their proceedings and such
other facts required, on blanks and in accordance with
instructions received from said State board. They shall
also make special reports whenever required to do so
by the State Board of Health.
SEC. 16. Local Boards of Health shall make,such Rp ulat onure-
regulations respecting nuisances, sources of filth and &noes.
gcauses 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 if any Penalty for
person shall violate any such regulation's, he shall forfeit
violating
i on g regu-
a sum not less than twenty-five dollars ($25) 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 juris-
diction.
SEC. 17. The Board of Health of any city or incor- Duty of local
porated town or village shall order the owner of any
property, place or building (at his own cY=se) to
remove any nuisance, source of filth or cause of sickness
found on private property within twenty-four (24) hours,
or such other time as is deemed reasonable, after notice
served as hereinafter provided ; and if the owner or Penalty for re -
occupant neglects to do so, he shall forfeit a sum not fusing to abate
exceeding twenty dollars ($20) for every day during nuisance.
which he knowingly and willfully permits such nuisance
or cause of sickness to remain after the time prescribed
for the removal thereof.
SEC. 18. If the owner or occupant fails to comply bolt a of local
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 permit-
ted the same, if he has had actual notice from the Board
of Health of the existence thereof, to be recovered by
civil action in the name of the State before any court
having jurisdiction.
SEC. 19. The board, when satisfied, upon due ex- To purify
amination, that any cellar, room, tenement or building dwellings.
in its town, occupied as a dwelling place, has become,
by reason of the number of occupants or want of clean-
liness, 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
46 LAWS OF IOWA.
May remove
occupant.
proper condition as to cleanliness, or, if they see fit,
requiring the occupants to remove or quit the premises
within such time as the board may deem reasonable. If
the persons so notified, or any of them, neglect or refuse
to comply with the terms of the notice, the board may
cause the premises to be properly cleaned at the expense
of the owners, or may remove the occupants forcibly
and close up the premises, and the same shall not again
be occupied as a dwelling place without permission in
writing of the board.
Can enter SEC. 20. Whenever the Board of Health shall think
place, building
or vessel to re- It necessary for the preservation of the lives or health of
move nnisan e- the inhabitants to enter a place, building or vessel 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 refused such
entry, any member of the board may make complaint,
under oath, to any justice of the peace of his county,
whether such justice be a member of the board or not,
stating the facts of the case, so far as he has knowledge
Justice shall thereof. Such justice shall thereupon issue a warrant
issue warrant. directed to the sheriff or any constable of the county,
commanding him to take sufficient aid, and, being
accompanied by two or more members of said Board of
Health, between the hours of sunrise and sunset, repair
to the place where such nuisance, source of filth or cause
of sickness complained of may be, and the same
destroy, remove or prevent, under the direction of such
members of the Board of Health.
To guard SEC. 21. When any person coming from abroad, or
poa
againstand smallother " residingwithin anycity, town or township within this
infectious dis- State, shall be infected, or shall lately have been
oases' infected with small -pox, or other sickness dangerous to
the public health, the Board of Health of the city, town
or township where such person may be, shall make
effectual provision, in the manner in which they shall
judge best, for the safety of the inhabitants, by remov-
Shall provide ing such.. sick or infected persons to a separate house,
forinfected if it can be done without damage to his health, and by
providing nurses and other assistance and supplies,
which shall be charged to the person himself, his parents
or other person who may be liable for his support if able ;
otherwise at the expense of the county to which he
belongs.
Make provis'n
for infected SEC. 22. If any infected person cannot be removed
persons when g
cannot be re- without damage to his health, the Board of Health shall
.
moved. make provision for him, as directed in the preceding
LAWS OF IOWA. 47
section, in the house in which he 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 inhab-
itants.
SEC. 23. Any justice of the peace, on application Duties of Jus-
under oath showing cause therefor by a local board, or tices of the
any member thereof, shall issue his warrant under his Peace.
hand, directed to the sheriff or any constable of the
county, requiring him, under the direction of the Board
of Health, to remove any person infected with con-
tagious diseases, or to take possession of condemned
houses and lodgings, and to provide nurses and attend-
ants, and other necessaries for the care, safety and relief
of the sick.
SEC. 24. Local Boards of Health shall meet for the Meetings an d
transaction of business on the first Monday in May and report of local
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 sec-
retary of the State Board of Health within two weeks
after the November meeting. Said report shall embrace
a history of any epidemic disease which may have pre-
vailed within his district. The failure 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 dollars ($25).
SEC. 25. All laws in conflict with this act are hereby Repealing
repealed. clause.
Approved March 26, 1880.
a
ACTS OF
NINETEENTH GENERAL ASSEMBLY
CHAPTER XC.
S. F. i. AN ACT authorizing cities acting under special char-
ters to cause land on which there is stagnant water to
be filled up or drained, and providing for the collec-
tion of such expense.
Be it enacted by the General Assembly of the State of
Iowa :
SECTION 1. That all cities acting under special char-
ters shall have power to cause any lot or piece of land
within their limits, on which water at any time becomes
stagnant, to be filled up or drained in such manner as
may be directed by a resolution of the City Council,
and the owners, or his agent, of such lot or piece of
land, shall, after service of a copy of such resolution, or
after a publication of the same in some newspaper of
general circulation in such city, for two consecutive
weeks, comply with the directions of such resolution
within the time therein specified ; and in case of a fail-
ure or refusal to do so, it may be done at the expense
of such city, and the amount of money so expended
shall be a debt due from the owner of said lot or piece
of land to said city ; and shall also be a lien on said lot
or piece of land from the time of the adoption of said
resolution.
May cause ex- SEC. 2. Any such city may, in addition to the
ied special
pe"se to belev- means provided by section i of his act, if by ordinance
as ,
tax. it so elects, cause the expense of such filling to be lev-
ied as a special tax on such lot or piece of land, and
may collect the same by tax sale in such manner as may
be provided by such ordinance.
Approved March 15, 1882.
Cities under
special char-
ters may fill
lots, when.
Money so ex-
pended a lien
on property.
LAWS OF IOWA.
CHAPTER LXXXIX.
ENLARGING THE POWERS OF CITIES.
49
AN ACT, granting additional power's to cities organ- s. F. 129.
ized under the General Incorporation Laws of the
State. (Additional to Code, title IV., chapter Io,
relating to cities and towns.)
Be it enacted by the General Assembly of the State of
Iowa :
SECTION T. The cities organized under the general Powers en -
incorporation laws of the State, in addition to the pow-
ers now granted them, shall have power to regulate,
license and tax itinerant doctors, physicians and sur-
geons, junk dealers, and to prohibit pawnbrokers and
junk or second-hand dealers purchasing or receiving
from minors without the written consent of their parents
or guardians.
SEC. 2. To require all buildings to be numbered, builNumbering of
and in case of the failure of the owners to comply with
such requirement, to cause the same to be done, and, to
assess the cost thereof against the property or premises
numbered.
SEC. 3. To deepen, widen, cover, wall, alter or water courses.
change the channel of water courses within their cor-
porate limits.
SEC. 4.. To regulate and control the construction of Chimneys, fire
chimneys, stacks, flues, fire -places, hearths, stovepipes,
ovens, boilers, and heating apparatus, used in or about
buildings, and to require and regul tte the construction
of fire -escapes, and to cause any or all of them to be
removed, or placed in a safe condition when considered
dangerous, and to assess the cost thereof on the prop-
erty and against the owners thereof.
SEC. 5. To regulate manufactories which are danger- Fires; unsafe
ous in causing or promoting fires; to prevent the buildings.
deposit of ashes and conibustitge matter in unsafe
places ; and to cause all such buildings and inclosures
as may be in a dangerous or unsafe state to be put up
in a safe condition.
SEC. 6. To regulate the use of lights in stables, Lights; bon -
shops and other places, and the building of bonfires ; worlishre-
and to regulate or prohibit the use of fire -works, fire-
v
larged. Itiner-
ants; junk
dealers; re-
ceiving goods
from minors.
111140011010,.
50 LAWS OF IOWA.
crackers, torpedoes, roman candles, sky -rockets and
other pyrotechnic displays.
Boilers; explo- SEC. 7. To provide for the inspection of steam boil-
sive materials. ers and all places used for the storage of explosive or
inflammable substances or materials, and to prescribe
the necessary means and regulations to secure the public
against accident and injuries therefrom, and to assess
the costs and expense of such proceedings against the
property and owners thereof.
Connection of • SEC. 8. To require the connection from gas pipes,
gas and water water pipes and sewers to the curb lines of adjoining
pipes to
bereg- property to be made before the permanent improvement
of the street whereon they are located, and to regulate
the making of such connections on streets already
improved, and to enforce such requirement as provided
by law.
Slaughter and SEC. 9. To establish all needful regulations as to the
rendering
e deringbone management of packing and slaughter houses, render -
factories, etc. ies, tallow chandleries, and soap factories, bone factories.
tanneries, and manufactories of fertilizing and chemicals
within the limits of such cities ; and the deposit and re-
moval of all offensive material and substances, and the
engendering of offensive odors and sights therefrom, as
will protect the public against the same.
Approved March 15, 1882.
See Acts Twenty-first General Assembly, Chapter 93•
CHAPTER CLXIV.
ABANDONMENT OF CITY CHARTERS.
S. F. 338. AN ACT to amend Section 438, Title IV., Chapter 10
(concerning cities and incorporated towns), of the
Code, relating to the abandonment of the charters of
cities and acting under special charters, providing for
the term of office of its (their) officers and the validity
of certain ordinances thereof after such abandonment.
Be it enacted by the General Assembly of the State of
Iowa :
Code, Sec. 438, SECTION I. That section 438, title IV., chapter ro,
amended. of the Code, be and the same is hereby amended by in-
LAWS OF IOWA.
51
serting after the word "town," in the eleventh line there-
of, the following : Except in cities of the first class,
where such special election is or shall have been held on
the first Monday of March of an even year, when they
shall hold their offices for the term of two years there-
after. All ordinances of such city or t,wn in force at e es Behold
the time of the abandonment of such special charter, not till when.
inconsistent or in conflict with the general incorporation
laws of the State, shall be and remain in force until Ordinances
otherwise altered, amended or repealed by the council continued
or trustees of such new organization. in force.
Approved March 23, 1882.
CHAPTER CLXVIII.
BOARDS OF HEALTH IN CITIES UNDER SPECIAL CHARTERS.
AN ACT empowering cities under special charters to 11. F. •'44.
establish Boards of Health.
Be it enacted by the General Assembly of the State of
Iowa:
SECTION 1. The Mayor and alderma(e)n of each Appointment
city in this state acting under a special charter shall have Ilea uhra
full power and authority to appoint a local Board of
Health consisting of three or five members, a majority
of whom shall be members of the City Council. The
Mayor of the city shall be ex-officio one of said members Mayor chair -
of the Board of Health and the chairman thereof. The
manner of the appointment and duration of office of said
board shall be determined by the ordinances of said city.
SEC. 2. The Board of Health may appoint a physi- Physician,
cian to the board, who shall hold office during the plea- cos. a. etc., to
sure of the board. The city clerk shall be the clerk of
said board, unless some other clerk may be provided by
the ordinances of said city.
The said Board of Health may regulate all fees and
charges of the physician and clerk and all persons em-
ployed by them in the execution of the health laws, and
the rules, regulations and orders. of said board. A ma- Quorum.
jority of the members of said board shall constitute a
quorum for the transaction of all business and the exer-
cise of the powers conferred upon said board.
1
52 LAWS OF IOWA.
Reports to SEC. 3. It shall be the duty of such clerk and physi--
State
Board of clan to report at least once a year to the State Board of
Health the proceedings of such board, and such other
facts as may be required, on blanks, in accordance with
instructions received from the state board. They shall
also make special reports whenever required so to do by
the state board.
reg- SEC. 4. Said local Board of Health may make such
regulations, rules, and orders respecting nuisances,
sources of filth, and cases of sickness within their juris-
diction, and on any boats in their ports and harbors, and
for the prevention of nuisances, and the preservation of
the public health, as said board may judge necessary
for the public health and safety.
Punishment of SEC. 5. Said cities shall have the power and may
violations. provide by ordinance for the punishment by fine and
imprisonment of any person who shall knowingly vio-
late or fail to comply with any rule, regulation or order
of such local Board of Health, but the fine shall not ex-
ceed one hundred dollars ($foo), or imprisonment thirty
Prosecution. days. The prosecutions for the violation of any rule,
regulation or order of such Board of Health shall be in
the name of the city appointing such Board of Health,
and shall be conducted in the same manner and before
the same tribunals as other prosecutions for the viola-
tion of other ordinances of such city.
Abatement of SEc. 6. Any such Board of Health may order the
owner
by owner or occupant of an property, place or building, at
owner or occu- P Y P P Y� g,
pant of prop- his own expense, to remove or abate any nuisance,
source of filth, or cause of sickness found on such prop-
erty, within twenty-four hours, or such time as is deemed
reasonable, after personal notice shall have been served
upon such owner or occupant; and said Board of Health
may, in its discretion, specify it, its notice the manner of
such removal or abatement of said notice, cause of sick-
ness, or source of filth, and if such owner or occupant
neglects to comply with such order he may be punished
in accordance with the provisions of section 5 hereof.
Same by board. SEC. 7. Whenever the owner or occupant - fails to
comply with such order, said board may cause the nui-
sance, source of filth, or cause cf sickness to be removed,
and all expenses incurred thereby shall be paid by the
owner, occupant or other person who caused or permit-
ted the same to be, and the same shall be a lien upon
the said property whereon said nuisance, source of filth,
or cause of sickness existed; and the said expenses may
Rules and
ulatious.
LAWS OF IOWA. 5:f
be recovered and the lien enforced by a civil action in Lien for ex -
the name of said city in any court of competent jurisdic- p•
er'ses'
tion.
SEC. 8. Whenever the owner or occupant ' of such Actionwithout
property, place or building shall .not be found in said notiee.
city, or whenever the said Board of Health may deem
immediate action necessary, the said board may, with-
out notice to such owner or occupant, immediately pro-
ceed to remove said nuisance, source of filth, or cause of
sickness, and the expense thereof shall be a lien upon
such property, place, or building, andthe same may be
enforced in any court having jurisdiction by an action
in the name of the city.
SEC. 9. Whenever any person or persons are en- Prevention of
gaged in a work, or doing things, or threatening to do nuisances.
things which, in the opinion of the Board of Health, will
result in a nuisance, or in danger to the public health,
the said Board of Health may order said work, or the
doing of such things, to be discontinued, or not to be
done, and in case any such person or persons shwa fail
to comply with any such order, after personal se'. vice of
a notice thereof, such person or persons may be pro-
ceeded against and punished under the provisions of
section 5 hereof.
SEC. fo. Whenever any such Board of Health shall Publication of
rules and regu-
establish any general regulations for the public health, rations.
under section 4 hereof, the same shall be published daily
for two consecutive weeks in some newspaper of general
circulation in such city, and upon completion thereof
the same (shall) be and remain binding and obligatory
during the term of office of said board, unless sooner re-
voked or changed by said board. And no notice of
such general regulations shall be necessary other than
said before mentioned publication.
SEC. r 1. Whenever it is necessary, under this act, Officer to serve
that any notice be served, the -same may be served by notice.
any city officer, or by any other person whom the Board
of Health may appoint or designate.
SEC. 12. The board when satisfied upon due exami- Removal of
nation that any cellar, room, tenement or building closinin to"ants and
g of
said city, occupied as a dwelling -house, has become, by premises.
reason of the number of inhabitants or want of cleanli-
ness, or other cause, unfit for such habitation and the
cause.of nuisance or sickness to the occupants thereof or
the public, may issue a notice to the occupants, or any
54
LAWS OF IOWA.
of them, requiring the premises to be put into a proper
condition as to cleanliness or health, or, if such board
see fit, requiring the occupants to quit orr remove from
the premises within such time as said board deems rea-
sonable. If the persons so notified neglect or refuse to
comply with the terms of the notice the board may
cause the premises to be properly cleaned at the expense
of the owners, and such expense shall be a lien on said
property, and may be enforced in any court having jur-
isdiction; or said board may remove the occupants for-
cibly and close up the premises, and the same shall not
again be occupied• as a dwelling -house without permis-
sion of the board. And the persons notified and failing
to comply with the order of the board may be punished
in accordance with the provisions of section 5 hereof.
Board may pro- SEC. 13. Whenever, by reason of the prevalence of
ton of people, small -pox or other contagious or infectious disease in
when• any such city, or the vicinity thereof, the Board of
Health may deem it dangerous to permit the congrega-
tion together of large crowds of people, the said Board
of Health may, with the consent of the City Council, by
public proclamation published once in some newspaper
of general circulation in said city, prohibit the congrega-
tion of people in schools, churches, theaters, and in all
other buildings in said city, and it shall thereupon be-
come the duty of the principals, teachers, or other per -
May forbid sons in charge of said schools, and of the persons in
so cinaiedper- charge of such churches, theaters, or other buildings
tending sch'ls, specified in said publication, to keep the same closed,
hurches, thea- and toprevent the congregation of eo le therein; and
ers, etc. people
when small -pox is prevalent in said city or its vicinity,
the said Board of Health may, with the consent of the
City Council, by notice served upon the teachers or per-
sons in charge of any of the public or private schools,
prevent the admission therein of any pupils, until such
pupils shall have proved to the satisfaction of the Board
of Health, or the persons by it selected for that purpose,
that such pupils have been vaccinated within the past
five years, or such time as the board may designate.
And said board may in like manner prevent the admis-
sion of persons not furnishing satisfactory proof of vac-
cination, into churches, theaters, or other buildings, by
notifying the persons in charge thereof not to admit
such persons.
when board is SEC. 14. Whenever the Board of Health shall think
excluded from it necessary for the preservation of the lives or the
infected C2ed prom- health of the inhabitants to enter a place, building, or
LAWS OF IOWA. 55
vessel, within its jurisdiction, for the purpose of exam-
ining into and destroying, removing or preventing any
nuisance, source of filth, or cause of sickness, and shall
be refused such entry, any member of the board may
make complaint, under oath, before any justice of the
peace, or any tribunal having jurisdiction to enforce the
ordinance of such city, whether such judicial officer be
a member of said hoard or not, stating the facts of the
case so far as he has knowledge thereof. Such tribunal
shall thereupon issue a warrant directed to the sheriff or
any constable of the county, or the city marshal, com-
manding him to take sufficient aid, and, being accom-
panied by two or more members of said Board of
Health, between the hours of sunrise and sunset, repair
to the place where such nuisance, source of filth, or
cause of sickness may be, and the same destroy, remove
or prevent under the direction of such members of the
Board of Health.
SEC. 15. When any person coming from abroad or Isolation of
residing within such city shall be infected, or lately Peasco;tag ns
shall have been infected with small -pox or other sick- diseases.
ness dangerous to the public health, the Board of Health
shall make provision in the manner by them deemed
best for the safety of the inhabitants, by removing such
sick or infected persons to a separate house, if it can be
done without damage to his health, and by providing
nurses and other assistance and supplies, which shall be
charged to the person himself, his parents or other per-
son liable for his support, if able ; otherwise at the
expense of the county to which he belongs.
SEC. 16. If any afflicted person cannot be removed same,
without danger to his health, the Board of Health shall
make provision for him, as directed in the preceding
section, in the house in which he may be, and in such
case they may cause the persons in the neighborhood
to be removed, and take such other means as may be
deemed necessary for the safety of the inhabitants.
SEC. 17. Any justice of the peace or tribunal having Removal of
jurisdiction to enforce the ordinance of such city, on seueeh persons,
application under oath, showing cause therefor, by any
member of said Board of Health, shall issue his warrant
directed to the sheriff or constable of the county, or city
marshal, commanding him, under the direction of the
Board of Health, to remove any person infected with
contagious disease, or to take possession of condemned
houses and lodgings, and to provide nurses and,attend-
56
_ lee tiugs.
LAWS OF IOWA.
ants and other necessaries for the care, safety and relief
of the sick.
SEC. 18. Every such Board of Health shall meet for
the transaction of business on the first Monday of May
and the first Monday of October in each year and at such
other times as occasion may require, and the clerk of
said board shall transmit his annual report to the secre-
tary of the (state) hoard within two weeks after the
October meeting. Said report shall embrace a history
of any epidemic disease which may have prevailed
within his district. The failure of the clerk to prepare,
or have prepared, and forward, such report shall be
Penalty for considered a misdemeanor, for which he shall be sub -
failure to re -jest to a fine of not more than twenty-five ($25) dol-
port. lars.
Powers of SEC. 19. This act shall not in any way limit the pow-
citiesected. not of ers of the cities embraced therein, in relation to matters
f
affecting the public health ; and the City Councils of
said cities may, by ordinance, provide for the manner of
the exercise of the powers herein conferred by said
Boards of Health ; and said City Councils may at all
times require said Boards of Health to report to them
their doings, and may supervise, modify, or rescind
their actions, orders, rules or regulations.
Approved March 25, 1882.
Council to
have super-
vision.
CHAPTER CL1V.
CONSTRUCTION OF SEWERS.
S. F. 73. AN ACT to amend chapter 54, of the Sixteenth Gen-
eral Assembly, relating to the Construction of Sewers.
Be it enacted by the General Assembly of the Slate of
Iowa :
See. 7, chap. SECTION I. That section seven (7), of chapter 54, of
54, 16th G. A., the Sixteenth General Assembly, of the State of Iowa repealed. y,
approved March 8, 1876, be and the same is hereby
repealed.
Approved April 5, 1884.
LAWS OF IOWA.
CHAPTER CLVIII.
RELATING TO EXTENSION OF CITY LIMITS.
AN ACT to amend section 4, chapter 47, of the Acts S. F., 296.
of the Sixteenth General Assembly, relating to exten-
sion of city limits.
Be it enacted by the General Assembly of the State of
Iowa :
SECTION I. That section 4 of said chapter be, and
the same is hereby amended by striking out the follow-
ing words : " Provided, That the provisions of this act
shall not apply to cities organized under special char-
ter," and inserting in lieu thereof the following : " The
provisions of this chapter shall apply to cities organized
and acting under special charters."
CHAPTER XCIII.
57
See. 4, chap.
47, amended
by making act
applicable to
cities acting
under special
charters.
GRANTING POWERS TO CITIES UNDER SPECIAL CHARTERS.
AN ACT to grant additional authority to cities organ- H. F. 487.
ized under special charters, and to make certain
proyisions of law applicable thereto.
Be it enacted by the General Assembly of the State of
Iowa :
SECTION i. That sections 454 to 463 inclusive, and oge,S�enasec
section 372o of the Code of Iowa, 1873, and -11 the pro- a,��o,audchap.
visions of chapter 89 of the Nineteenth General Assem- G. A., made to
bly, are hereby made applicable to the cities acting apply to cities
under special
under special charters the same as if such cities were charters.
therein specially enumerated.
SEC. 2. That nothing in section one of this act shall see. 1 does not
repeal any ex -
be construed or considered as repealing any law now fisting hfw.
in existence, granting authority to any cities incorpor-
ated under special charters, but wherever authority on
any ofthe subjects mentioned in foregoing laws is now
in existence, the provisions of said section shall be
deemed merely cumulative thereto.
Election of
SEC. All cities organized under special charters mayor and city
marshal au-
3°
are hereby authorized to provide by ordinance for the thorized.
•
58
LAWS OF IOWA.
election of Mayor and City Marshal, for such terms as
the City Council may deem expedient.
Term not to ex- Provided, That no such term of office shall exceed
ceed two years. two years.
May regulate SEC. 4. That cities organized under special charters
eert ie ac
is for are hereby authorized to prohibit, or regulate the piling
publor depositing of any kind of wood, lumber or timber
upon any lot or property within the city limits, within a
distance of one hundred yards of any dwelling house.
Mayprovideby SEC. 5. Cities organized under special charters are
ordinance for hereby authorized to provide byordinance for the re -
the public
safety. pair of any building which is dangerous, or which may
be liable to fall, and to levy and collect a special tax
against the property and owner thereof for the expense
thereof as other special taxes are levied and collected.
Approved April 8, 1886.
ACTS OF
Twenty -Second General Assembly.
CHAPTER H.
POWERS AND DUTIES OF MAYORS EXTENDED.
AN ACT Extending to Cities Organized Under Spe- H. F. ss`.>.
cial Charters, the Provisions of Chapter 192 of the
Acts of the Twentieth General Assembly.
Be it enacted by the General Assembly of the State of
Iowa
SECTION I. That the provisions of chapter one Inn- Applicable to
titres under
dred and ninety-two (192) of the Acts of the Twentieth tee cial char -
General Assembly relatirg to the powers and duties of
mayors of cities of the fiatand second class, shall be
•
and are hereby made applicable to cities organized
under special charters.
Approved March 12, 1888.
CHAPTER III.
ISSUING OR PAYING CITY WARRANTS.
AN ACT to Regulate the Manner of Issuing or Paying 11. F. 6.
City Warrants in Cities of the First and Second Class
and Cities Organized Under Special Charters.
Be it enacted by the General Assembly of the Stale of
Iowa :
SECTION I. The city auditor or city clerk or other
officer of such cities whose duty it is to draw warrants
of any city of the first or second class or any city organ-
ized under special charter shall not draw any warrant,
except upon the vote of the City Council, and he shall
on the first Monday of each month furnish the Council
Warrants
drawn only on
vote of coun-
cil.
60
LAWS OF IOWA.
a sworn and complete list of all warrants, and the
amount thereof, drawn by him during the preceding
month, and such list shall state on whose account, and
the object and purposes for which the same were drawn,
and the auditor or other proper officer of such city shall
publish such report monthly in the official newspaper of
such city.
Descriptive list SEC. 2. The city treasurer of such cities shall keep
a list of all warrants presented for payment, and the
date of presentation and of the particular fund upon
which they are drawn. Warrants so presented where
there are no monies (moneys) in the funds on which
they are drawn to pay the same, shall be endorsed as
follows : " Presented and not paid for want of funds,"
and thereafter such warrants shall bear interest at the
rate of six per cent. (6 %) perannum, except warrants
issued by a resolution of the City Council, or contract
with the city in which it is provided that they shall not
bear interest. Warrants shall be paid in the order of their
presentation from the particular fund upon which they
are drawn, and whenever there is an accumulation in
the city treasury of any city of the first class or city
organized under a special charter, the sum of two thou-
sand five hundred dollars ($25oo) or in the city treasury
of any city of the second class the sum of five hundred
($500), in any fund or sufficient to pay all 'warrants
drawn on that fund, he shall call in warrants to the
amount of such fund for payment in the order of their
presentation, or the City Council may at any time direct
a call. The notice of such call shall be published in
two of the daily newspapers of the cities of the first class
or cities organized under special charters for one
week, and in one daily or weekly newspaper in cities of
second class or cities organized under special charters,
and shall state that after a certain date, no interest shall
be paid on warrants therein described. He shall set out
in such notice the several numbers of warrants to be
paid. Warrants issued by any such cities shall not be
tendered or received by the county treasurer in pay-
ment of city taxes.
SEC. 3. The city auditor or other proper officer shall
draw no single warrant for an amount in excess of five
hundred dollars ($500).
Approved April 1 z, 1888.
of warrants
presented for
payment.
Warrants
called.
LAWS OF IOWA. 61
CHAPTER XIV.
IMPROVEMENTS OF STREETS; HIGHWAYS, AVENUES, OR ALLEYS.
AN ACT Granting Additional Powers to Cities Organ- H. F. 44.
ized under Special Charters with Reference to the
Improvements of Streets, Highways, Avenues or
Alleys, and to Provide a System for Payment There-
for.
Be it enacted by the General Assembly of the State of
Iowa:
SECTION 1. That all cities in this State organized Cities of spe-
and existing under special charters, are hereby vested oicatea w2.
with all the power and authority conferred by chapter
20 of the acts of the Twentieth General Assembly of the
State of Iowa upon cities of the first class therein named.
•
SEC. 2. That nothing in section one of this act shall Laws now in
be construed or considered as repealing any law now in existence n ° t
repealed.
existence granting authority to any cities incorporated
under special charter but, whatever authority upon any
of the subjects in the foregoing law is now in existence,
shall be deemed cumulative to the provisions of said
section one hereof.
Approved April 1o, 1888.
CHAPTER XVI.
GRANTING ADDITIONAL POWERS TO CERTAIN CITIES.
AN ACT Granting Additional Powers to Certain Cities x. F. 39 .
of the First Class and to Cities Organized Under Spe-
cial Charters, and Cities of theSecondClass Having
Over;7,000 Inhabitants.
Be it enacted by the General Assembly of the State of
Iowa :
SECTION 1. That all cities of the first class and cities Additional
of the second class having over 7,00o inhabitants and pan cities er-
cities organized under special charters in this State in
addition to the powers now granted, shall have the fur-
ther and additional powers conferred by this act, as fol-
lows, to,wit : they shall have power to establish, build
62
LAWS OF IOWA.
and regulate market houses, slaughter houses; to license
and regulate bill posters; to repair temporary sidewalks
without notice to the property owner and provide by or -
Payment of ex- dinance for the manner of assessing the expense thereof
penses' on the property in front of which such repairs are made;
to remove snow or ice from the sidewalk without notice
to the property owner and provide by ordinance for the
manner of assessing the expense thereof on the property
in front of which such snow or ice shall be removed ;
provided, however, that the expense thereof shall not
exceed one and one-half cent per front foot of any lot;
provided that the snow or ice has remained upon the
walk for the period of fifteen hours; to repair paving,
curbing, sewers and catch -basins ; to regulate tel-
Electric wires egraph, telephone, electric light, district telegraph
and other electric wires, and provide the manner in
which, and places where the same shall be placed upon,
along or under the streets and alleys of such city, to
regulate the price of gas, electric light, water rates and
to regulate and fix the charges for water meters, gas
meters, electric light meters, or any other device or
means necessary for determining the consumption of
gas, water or electric light. This shall not be construed
Powers not to authorize the passage of an ordinance or resolution
abridged. on the making of any contract, whereby the above
powers are abridged. To fix the charges for making
gas, electric light, steam heating, water, telephone and
district telegraph connections; to compel street railway
Street railway companies, whenever any street is ordered paved to pave
companies. and maintain in width three and one-half feet each way
co,nmencing at the center of the space between the rails,
and in case of failure to do so to provide by ordinance
for such paving and maintenance, and for the manner of
assessing against such companies the cost thereof; to
compel railroad companies to erect, construct, maintain
and operate under such regulations as may from time to
time be provided by the council, suitable gates upon
public streets at railroad crossings; to provide that mag-
azines used for the keeping of gunpowder, inflammable
oils and other combustibles, shall not be located or
maintained within a certain distance of the corporate
limits of such cities; to provide that before any associa-
tion, company, society, order, exhibition or aggregation
Parades must of persons shall parade or march upon the streets of
have permits. such cities, that they shall first obtain from the mayor
of such city a permit, when issued to be without charge,
and the same shall state the time, manner and conditions
of such parade or march; to provide by ordinance that
LA NS OF IOWA.
63
the width of all streets and alleys, of all additions to such
cities, shall be graded in the same manner, and that they
shall conform to the width of the existing streets and
alleys of such cities; to expel and remove from office, by
a vote of three -fourths of the members of the city coun-
cil any elective officer of such city charged with any
crime under the statutes of this State, and such removal
shall be as provided by section 53o of the code, title 4,
chapter ro, for the removal of members of the city coun-
cil, to make its bonds for all purposes now provided by
law or hereafter to be provided by law, payable on or
before a date named, or payable at a time certain, as the
city council may determine. And such cities shall have
full control of the bridge fund levied and paid upon the Bridge funds.
property within their corporate limits, and shall have
the right to .use the same for the construction of bridges
and culverts and approaches thereto, repairing the same
and paying bridge bonds and interest thereon, issued
by such city; and it is hereby made the duty of the
board of supervisors of the counties within which such
cities are located to levy annually upon all of the taxable
property within such city such a per centum for that
purpose as may be directed by the city council of such
cities not exceeding the limit fixed by law : provided,
that no contract heretofore made respecting the appli-
cation of the bridge tax shall be affected hereby.
Approved April Io, 1888.
CHAPTER XIX.
REFUNDING OUTSTANDING BONDED DEBTS, CITIES UNDER SPECIAL
CHARTERS.
AN ACT to authorize cities organized under special H. F. 43.
charters to refund their outstanding bonded debt and
to provide for the payment of the same.
Be it enacted by the General Assembly of the Slate of
Iowa:
SECTION 1. That all cities in this State having a now they may
population of more than 2,000, organized and existing refund.
under special charters are hereby authorized and em-
powered if, by a vote of two-thirds of the City Council,
it be deemed for the public interest, to refund the
64 LAWS OF IOWA.
indebtedness of any such city evidenced by the bonds
thereof, heretofore issued, and outstanding at the time
of the passage of this act and to issue the coupon bonds
of such city in denominations of not less than one hun •
dred dollars• and not more than one thousand dollars
and having not more than twenty years to run, redeem-
able in lawful money of the United States at maturity
and bearing interest payable semi-annually at a rate not
exceeding six per cent per annum. The principal of
such bonds shall be made payable at the office of the
treasurer of the city, but the interest upon such bonds
Cities where may be made payable either in.the City of New York,
interest may SCity tate of New York, or the of Boston' State of Mas-
be paid.
sachusetts, or the City of Chicago, State of Illinois, or
at the office of the treasurer of the city. Such bonds,
Cancellationas well as the coupons, shall be canceled when paid,
of paid bonds. and destroyed in the presence of the City Council,
which shall cause to be kept a register of all such bonds
issued and also of all bonds or coupons which are can-
celed or destroyed. Such bonds shall be signed by the
mayor of the city and, attested by its clerk with the seal
of the city attached, and shall be so signed and attested
in open session of the City Council, and a register shall
be then made and kept thereof, and such bonds so
executed shall be at once delivered to the city treasurer
of the city, who shall be liable on his official bond for
the safe keeping thereof and the proceeds thereof until
he parts therewith under the direction of the City
Council.
Form of bond. SEC. 2. The bonds issued . under this act shall be
substantially in the following form :
"No
The city of in the State of Iowa, for value
received, promises to pay or
order at the office of the treasurer of. .in
on the first day of. the sum of
dollars, with interest thereon from date until paid
at the rate of ..per cent. per annum payable semi-
annually at the;n the city of State of
on the first days of in each
year on presentation and surrender of the interest cou-
pons hereto attached.
This bond is issued by the City Council of said city
under and in accordance with the provisions of chapter
of the session laws of the Twenty-second Gen-
eral Assembly of the State of Iowa, and in conformity
with a resolution of said City Council, dated day
of 18
LAWS OF IOWA. 65
In testimony whereof, the said City Council of the
city of has caused this bond to be signed by
the mayor of said city and attested by its city clerk
with the seal of said city attached thereto, this day
of .18
And the interest coupons on each bond shall be in
substantially the following form :
" The city of in the State of Iowa, will
pay to the holder hereof on the day of
18 at the in the city of
in the State of dollars for
interest on - bond No . • issued under the
provisions of chapter....... . ... . . of the session laws of the
Twenty-second General Assembly of the State of Iowa,"
and such coupons shall be signed by the city clerk or
recorder.
SEc. 3. The City Council of any such city is hereby
authorized to sell and dispose of the bonds issued under
this act at not less than their par value and to apply the
proceeds thereof to the redemption of the outstanding
bonded debt, or may exchange such bonds for outstand-
ing bonds par for par, but the bonds hereby authorized
shall be issued for no other purpose whatever, provided,
however, that the City Council of such city may if
deemed advisable, appropriate not to exceed two per
centum of the bonds herein authorized to pay the ex- Expenses, how
paid.
penses of preparing, issuing, advertising and disposing
of the same, and may employ a financial agent therefor.
SEc. 4. The City Council of any such city shall Tax for inter -
cause to be assessed and levied each year upon the tax- est.
able property of such city, in addition to the levy
authorized for other purposes, a sufficient sum to pay
the interest on all outstanding bonds issued in conform-
ity with this act accruing before the next annual levy,
and also such proportion of the principal as shall fall
due before such next annual levy, and such City Coun-
cil may, at its option, in addition to the levy hereinbe-
fore authorized, levy an amount not exceeding two Additional
mills on the dollar of the assessed valuation of such city levy pot ex -
in any one year for the purpose of purchasing and can-
celing any of its bonds issued under this act before the
maturity of the same. And the money arising from
such levies shall be known as the bond fund and shall
be used for the payment of the bonds and interest
coupons and for the purchase and canceling of the
bonds and for no other purpose whatever. And the
treasurer of such city shall open and keep in his book
E
Bonds, how
sold.
66
LAWS OF IOWA.
Bond fund and a separate and special account thereof which shall, at all
its use. times, show the actual condition of such bond fund.
Bonds pur. SEC. 5. The city council of any such city shall have
chased before power topurchase of the bonds issued under this
maturity.any
act before the maturity of the same, and to this purpose
may, at its option, appropriate any moneys in the bond
fund not required to pay bonds or interest coupons ma-
turing before the next annual levy, provided that in the
purchase of such bonds there shall be paid in no case a
premium to exceed five per centum of the face value of
the bond above the amount actually due thereon.
Unpaid bonds
or coupons
filed with
State Auditor.
When and how
paid.
SEc. 6. If the city council of any such city which
has issued bonds under the provisions of this act, shall
fail to make the levy necessary to pay such bonds or in-
terest coupons at maturity, and the same shall have been
presented to the treasurer of any such city and payment
thereof refused, the owner may file the bond together
with the unpaid coupons with the Auditor of State taking
his receipt therefor and the same shall be registered in
the Auditor's office and the Executive Council shall at
their next session, as a board of equalization and at each
annual equalization thereafter, add to the state tax to be
levied in such city a sufficient rate to realize the amount
of principal or interest past due and to become due prior
to the next levy and the same shall be levied and col-
lected as a part of the state tax and paid into the state
treasury and passed to the credit of such city as bond
tax and shall oe paid by warrant as the payments ma-
ture to the holder of such obligation as shown by the
register in the office of the State Auditor until the same
shall be fully satisfied and discharged, provided, that
nothing herein shall be construed to limit or postpone
the right of the holder of any such bonds to resort to any
other remedy which such holder might otherwise have.
Chap. 58, acts SEC. 7. Nothing in this act shall take away, impair
Inrth G. A., not or interfere with thepowers conferred; bychapter 58 of
impaired. P
the session laws of the Seventeenth General Assembly of
the State of Iowa entitled "An act to authorize counties,
cities and towns to refund outstanding bonded debt at a
lower rate of interest and to provide for the payment of
the same" as amended by chapter 14o of the session
laws of the Eighteenth General Assembly of the State of
Iowa, making the same applicable to cities organized
under special charters.
LAWS OF IOWA.
CHAPTER XXIII
APPOINTMENT AND REMOVAL OF POLICEMEN.
67
AN ACT to Provide for the Appointment and Removal s. F. 203.
of Policemen in Cities Organized under Special Char-
ters.
Be it enacted by the General Assembly of the Stale of
Iowa:
SECTION I. That in all cities in this State organized Policemen re -
SECTION
under special charters all policemen shall be appointed moved by
and may be removed by the mayor of such city. mayor.
SEC. 2. This act being deemed of importance shall Publication
take effect and be in force from and after its publication
in the Des Moines Leader and Iowa State Register,
newspapers published at Des Moines, Iowa.
Approved March 3, 1888.
CHAPTER XXVII.
ELECTION OF OFFICERS IN CITIES UNDER SPECIAL CHARTER.
AN ACT to amend Chapter Ninety-three (93) of the s• F• 85.
Laws of the Twenty-first General Assembly, relating
to Election of Officers in Cities under Special Charter.
Be it enacted by the General Assembly of the State of
Iowa :
SECTION I. , That chapter Ninety-three (93) of the Chap. 93, acts
acts of the Twenty First General Assembly, be and the ame a a:
same is hereby amended by inserting after the words
("city marshal") in the third line of Section Three of
said act, the words ("Recorder, Assessor, Treasurer,
Collector, Auditor and City Attorney.")
SEC 2. This act being deemed of immediate impor- Publication.
tance shall be of force and effect from and after its pub-
lication in the Daily Iowa State Register and Daily Des
Moines Leader, newspapers published in the city of Des
Moines, Iowa.
Approved March 23, 1888.
68 LAWS OF IOWA.
CHAPTER XLIV.
RE -ASSESSMENT AND RE -LEVY OF SPECIAL TAXES AND ASSESSMENTS.
H. F. 394. AN ACT to provide for the re -assessment and re -levy
of special taxes and assessments.
Be it enacted by the General Assembly of the State of
Iowa :
Cities may re- SECTION 1. That in cities of the first class and cities
assess and re- p
organized under special charter, whenever, by reason of
levy special
tax. an alleged non -conformity to any law or ordinance, or
by reason of any omission or irregularity, any special tax
or assessment is either invalid or its validity is ques-
tioned, the city council may make all necessary orders
and ordinances and may take all necessary steps to cor-
rect the same, and to re -asses and to re -levy the
same, including the ordering of work, with the same
force and effect as if made at the time provided by law
or ordinance relating thereto; and may re -assess and re -
levy the same with the same force and effect as an orig-
inal levy. Whenever any apportionment or assessment
is made and any property is assessed too little or too
much, the same may be corrected and re -assessed for
such additional error as may be proper, or the assess-
ment may be reduced even to the extent of refunding
the tax collected.
SEC. 2. Any special tax upon re -assessment or re -
levy shall, so far as is practicable, be levied and collected
as the same would have been if the first levy had been
enforced.
SEC. 3. Any provision of any law or ordinance specify-
ing a time when, or the order in which, acts shall be done
in a proceeding which may result in a special tax, shall
be taken to be subject to the qualifications of this act.
SEC. 4. Any and every ordinance or part thereof of
any such city heretofore passed in substantial conform-
ity with this act is hereby legalized.
Approved April 16, 1888.
LAWS OF IOWA. 69
CHAPTER CLXI.
REGISTRATION OF VOTERS IN CITIES.
AN ACT to provide for ascertaining the citizens who s. F. 129.
shall be entitled to vote in all incorporated cities ; to
repeal section 618 of the Code ; and to repeal Chapter
2, Title 5, of the Code.
Be it enacted by the General Assembly of the State of
Iowa
SECTION 1. Chapter 2, title 5, of the Code, is hereby
repealed, and the following sections of this act enacted
in lieu thereof :
Chap. 2, Title
5, Code, re-
pealed.
SEC. 2. For all purposes of elections known to the Cities shall
laws of the State of Iowa after July 4, 1886, no city of have ece usive
the State shall have attached to its jurisdiction, for the ali elections
purpose of voting at such elections, any part of a town- igtges Jnly 4,
ship or territory outside of the corporate boundaries of
such city, and the voting precincts in such city for all
elections now provided by law, whether township, city, Present voting
county, state, national or special election, shall be the be the sameall
wards of such city ; or if a ward or wards are divided under this act.
into voting precincts in any city, then for such city or
cities such divisions shall be the voting precincts, and Territory out -
all territory of a township or townships in which such si e hies s all
city may be site ated, and outside of the corporate lim- precincts.
its of such city, shall be divided into one or more voting
precincts for all election purposes, as may be deter-
mined by the Board of Supervisors, as now provided
by law. All acts or parts of acts that might seem to be All conflicting
in conflict with this section of this act are hereby laws nad ere
changed to the extent of being made to conform here- with.'
with.
SEC. 3. In all incorporated cities of this State, Council shall
having a population of twenty-five hundred (2,500) or egis e stfor
more as determined by the last preceding state or each election
national census, the City Council shall, on or before the elected.' how
LAWS OF IOWA.
sixth Monday next preceding the general election in
November of each year, appoint one suitable person
from each of the two opposing political parties which
cast the greatest number of votes at the then next
general preceding election, from three names handed in
by the chairman of the city central political committee
of each of such parties, to be registers for such election
precinct, in such cities, for the registration of votes
therein ; said registers shall be electors of the election
precincts in which they shall act; shall be temperate, of
good habits. and of good reputation and character, and
of generally recognized clerical ability, and able to
speak the English language understandingly ; shall hold
Term of offices. their offices for one year, and shall take an oath or
affirmation to discharge their duties according to law.
If for any cause such registers, or any of them, shall
not be appointed at or before the time above mentioned,
or if appointed shall be unable for any cause to dis-
charge the duties of such office, the Mayor of such city
shall forthwith, on similar recommendations as above
provided, make such appointments, and shall also fill
Vacancies, all vacancies, and persons so appointed by the Mayor
how aped. shall have the same qualifications, shall hold their
offices for the same time, and shall be subject to the
same duties, as if appointed by the City Council ; except
that all appointments in cases of vacancies shall be for
the unexpired terms of office.
Failure of May- Should the Mayor, upon the request of five freehold
or to appoint. electors, fail for a period of three days to perform the
duties aforesaid, he shall forfeit and pay, at the suit of
any such electors, to be prosecuted in any court of
competent jurisdiction, the sum of one hundred dollars
per .day; for the equal benefit of the city and suitor.
Requisites to SEC. 4. Any person to be entitled to vote at any of
to vo ee electors the elections mentioned in the preceding sections, shall
appear before the registers of the election precinct
where he is entitled to vote, at the time and place desig-
nated for registration of voters, and make and sub -
Shall appear scribe a statement, under oath, in a suitable registration
and
hrtheboard. book, to be provided for the purpose by the city clerk
and furnished to the registers at the equal expense of
the city and county, and by them keep open for public
inspection and examination during the time fixed for the
registration, which statement shall contain the following
in the following form
70
Qualifications
of registers.
Penalty.
e
LAWS OF IOWA. 71
REGISTER OF VOTERS Precinct Ward.
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The signature of the applicant shall be made at the Form of oath.
right hand end • of the line under the column " signa-
ture," one of the registers having first administered to
him this form of oath : " You do solemnly swear (or
affirm) that you will fully and truly answer all such
questions as shall be put to you touching your place of
residence, name, place of birth, your qualifications as
an elector, and your right, as such, to register and vote
under the laws of this State." After which the regis-
ters, or either of them, shall propound questions to the Questions to be
applicant for registration in relation to his name ; his effectors d by
then place of residence, street and number ; how long
he has resided in the precinct where the vote is offered ;
what was the last place of his residence before he came
into that precinct, and also as to his citizenship, and
whether a native or naturalized citizen, and, if the latter,
when, where and in what court, or before what officer
he was naturalized, or whether by act of congress ;
whether he came into the precinct for the purpose of
voting at that election how long he contemplates
residing in the precinct ; and all such other questions as
may tend to test his qualifications as a resident of the
precinct, citizenship and right to vote at the poll ; then,
if the applicant appears to have the right to be regis-
tered, t he registers shall fill out the above prescribed
form of statement, whereupon the applicant shall sign
9
72
Must sign
statement.
Time
ing.
Shall make
copy of com-
plete list.
LAWS OF IOWA.
as aforesaid, and thus his statement for registration shall
be complete under oath.
Statements dat- SEC. 5. Such statements shall be dated and num-
bered consecutively, beginning with number one each
sahalbut egosnee time for registration aforesaid. No person shall register
place;
reeach
a c at any other place than as above designated, or at any
tion kept com- other time, except as hereinafter provided. At the close
Pome; when of each day's registration the register shall be ruled off
turn to city to prevent fraudulent entries, and after the completion of
clerk. the final registration and the certified copy provided for
in section 8 hereof, the registers shall forthwith return
the registration to the city clerk, who shall keep the
same at all times open to public inspection.
Registers shall SEC. 6. The registers shall, within three days after
prepare alpha- the registration for each general annual election has
betical list for g
their precincts been made, prepare an alphabetical list for their respect -
of all voters •
registered; we voting precincts, of the names of all persons so reg-
what list shall istered; their residence,s their last preceding places of
contain. residence, and the dates of removal when removals oc-
cur within one year; their nativity ; their color ; their
term of residence in precinct, county and state ; whether
naturalized, date of paper; the naturalizing court, or
place of naturalization if court is not known ; whether
naturalized by act of Congress; and date of application
for registration; which list they shall forthwith post or
List posted up cause to be posted up conspicuously at the usual place
for inspection. of holding elections at such precinct, for inspection of
the public.
Registers shall SEC. 7. The registers shall be in attendance again at
attend the week preened- respective places res ectifor the registration of voters on
ing election for the Wednesday of the week preceding the day of each
revlist. ising the election in the State, provided by law for township, city,
county, State, national or special elections, for the pur-
pose of revising or correcting the lists aforesaid, and for
of meet- this purpose they shall meet at 9 o'clock A. M., and re-
main in session until 8 o'clock P. M., of that day; and
they shall there revise, correct, add to and strike from,
and complete the said lists, and shall on that day receive
and add to the said lists the names of any persons who
would on said election days be entitled, under the pro-
visions of the constitution and laws of this state, to ex-
ercise the right of suffrage in their election precincts.
Upon the revision and completion of each of said lists,
the registers shall make a copy thereof, which, duly cer-
tified by the registers, with the proper number and date
of registry in each case added, the registers shall deliver
LAWS OF IOWA. 73
or cause to be delivered to the judges of election of the Deli er It ges
proper precinct on every such election day, before the
opening of the polls. The judges of election shall care-
fully preserve the said lists for their use on election day;
no vote shall be received at any election aforesaid unless No rece e shall
the name of the person offering the vote be on such reg less ce the reg-
istry made and completed as before provided, preceding istry list.
the election; a person whose name is on the registry
may be challenged, and the same oath shall be put, and
the same proceedings had as are prescribed by law for
all such cases. This section shall be taken and held by
every judicial and other tribunal as mandatory, and not
as directory. The judges of election shall designate one Mandatory.
ag s ohyh
of their number, or one of the clerks, at the opening of check ofe
the polls, to check the name of every voter in such pre-
cinct whose name is on the registry. Any vote which
shall be received by the judges of election in contraven-
tion of any provisions of this act shall be void, and shall votes poliedin
be rejected from the count in any legislative or judicial th°s stet o a.
proceeding wherein any result of the election is involved.
The judges of election shall deliver the lists aforesaid to Lists returned
rthe official, as by law provided, to whom they shall de-tU nelection
liver the returns of the elections. The registers under
their duties aforesaid shall register every male applicant
who would be twenty-one years of age on the day ofApplicantsun-
the next election, if otherwise qualified; and every ap-
plicant who has commenced to reside in such precinct,
at least the legal time before such election now required
by Iaw, down to the date of the election, in order to be
a legal voter in such precinct, according to the character
of the election about to take place, shall be entered in
such registry, but unless, on the day of election, he shall
have resided for the legal time in such election precinct,
he cannot vote therein, although otherwise qualified.
SEC. 8. The proceedings of said registers shall be Proceedings
open, and all persons entitled to vote in said precinct op n; right to
shall have the right to be heard by said registers in
reference to corrections or additions to said lists. No
name shall be placed upon any such lists of the name of
persons, nor shall any name be added thereto, except of
one who shall have appeared in person before said reg- Application
stto
isters, and shall have furnished, upon demand, and to be personal.
the satisfaction of the registers, the same proofs of the
right to register, as may by law be required by judges
of election of any person desiring to vote : Provided, Proviso:
That if an elector is, on account of sickness which con- In sickness.
fines him to his residence in his precinct, unable to go
to the registers on any day they shall be in session, it
74
LAWS OF IOWA.
shall be the duty of the registers, on the affidavit made
before them of a registered elector, to visit such sick
Registers may elector at his place of residence in the precinct, and
visitelectorfor place the name of such sick person on the registration
registration. list if he be found entitled to be registered; such visits
by the registers for the registration of such invalids shall
be at no time during any registration day except be-
tween the hours of 7 a. m. and 8 a. m., or between 9 p.
m. and to p. m. Any one of the registers, on the points
hereinbefore provided, may at any time administer an
oath or affirmation to, any applicant, that he shall true
answers make to all questions put to him touching his
qualifications as an elector.
Failure of reg- SEC 9. inter in his That if any register shall fail to perform any
1
duty.
Penalty.
For wilful
neglect.
False state-
ments.
•
uty in any of the preceding sections of this act pre-
scribed, he shall be liable to a penalty of one hundred
dollars, to be recovered on the complaint of any person,
before any court of competent jurisdiction; and if any
register or judge of election shall wilfully neglect or dis-
regard any duty imposed in any of said sections, or
make or permit to be made any registration, statement
or list, except at the time and place and in the manner
in said sections prescribed, or shall knowingly make or
permit to be made any false statement, as aforesaid ; or
if any person shall wilfully make or authorize to be made
any statement in said section required false in any par-
ticular, or shall violate any provisions thereof, every such
register or judge of election, and every such person or
Misdemeanor. persons, shall be deemed guilty of a misdemeanor, and,
on conviction thereof, shall be fined in a sum not less
than fifty nor more than two hundred dollars, or be im-
prisoned in the county jail not less than twenty days
nor more than six months, or both, at the discretion of
the court.
Place and time SEC. to. of registration The times and places of making registra-
published. tions of voters shall be published by the Mayor in the
two leading political party daily newspapers published
in every such city, for a period of three days prior to the
opening of the registry book, or if there are no daily
papers of the two leading political parties published in
How published said city, then the notice shall be published one week
before the date for the opening of the registry book, in
the weekly paper of each of such political parties, invit-
ing the voters to present themselves for registration at
their respective precincts within the proper time, under
the risk of being debarred the privilege of voting at such
election.
Penalty.
LAWS OF IOWA.
75
SEc. II. That during the receiving and counting of u a a ou t-
the ballots in any voting precincts of such cities and In ing votes; pro -
any voting precinct made up of the township outside of visions for.
the city limits whose polling place is within the corpor-
ate limits of said city as hereinafter provided, it shall be
unlawful for persons to congregate or loiter within one
hundred feet of the voting place, or to hinder or delay
in any manner any elector in reaching or leaving the
place fixed for casting his ballot. It shall be unlawful for
any person within said distance of one hundred feet, to
give or offer to give any ticket orballot to any one not
a judge of election, or to fold or unfold or display any
ballot which he intends to cast, so as to r eveal its con-
tents, or to solicit the vote of any elector, or attempt in
any way to influence him in the matter of casting his Judges of elec-
vote. -The judges of election shall, so far as practicable, Jud shah en
prevent any violation of this section, by having printed force this see -
copies of this section conspicuously posted within one
hundred feet of the voting place and in other ways, and
they and each of them shall order the arrest of any per Arrest of son guilty of violating any of its provisions, or guilty of bons.
viola -
any breach of the peace or disorderly conduct; and all
special policemen and all other persons are authorized
and required to obey the lawful orders and commands Policemen.
of said judges of elections given to prevent violations of
this section. But orders for the arrest of such persons
shall not prevent them from properly casting their votes.
The City Council is authorized and required to detail
and employ on the nomination of the principal political
committee of each political party recognized as the two
leading parties, from citizens of the police force of the
city, from two to four special policemen for each pre- Specialfpoollice
cinct, and duly empower them for the special occasion choseneach party.
of each election, who shall be men of good character
and reputation, in equal numbers from each of the lead-
ing political parties, to prevent the violation of any of
the terms, provisions or requirements of this section, or
of any order or command made in pursuance of any pro-
vision hereof; and any person violating or attempting to
violate any of such terms, provisions, requirements, or-
ders, or commands, shall be deemed guilty of a misde- Misdemeanor.
meanor, and shall, upon conviction thereof, be punished
as provided in the last penal clause of section to of this
act, and no other peace officer for preserving order shall ho all
exercise his authority at or near such voting places werehge shauthoegr-
than those above named, unless called in by an unex- ity.
pected dire emergency : Provided, That nothing in this Proviso.
section shall be construed to prohibit the presence at the
76
Challenging
committee.
Three from
each party.
LAWS OF IOWA.
polls of any persons who are authorized by law to per-
form or charged likewise with the performance of official
duties at the election, or of any persons not exceeding
three from each political party having candidates to be
voted for at such elections, to act as challenging com-
mittees, who are duly appointed and accredited by the
principal committee of such political parties or organiza-
tions, respectively, or of persons not exceeding three
from each such political parties, appointed and accred-
ited in the same manner as before prescribed, for chal-
lenging committees to witness the counting of ballots.
Precincts in SEC. 12. Voting precincts made up of the townships
townships out- outside of the citylimits of the citywhich is situated in
side of city
limits. such township or townships may, if preferred for the
convenience of the voters therein, have their polling
May have poll- places for all election purposes at some room or rooms
ing place in
court house or in the court house or other buildings within the corpor-
cithycr room in ate limits of such city, as the Board of Supervisors may
code, Sec. his provide. Section 618, chapter 3, title of the Code, is
repealed.hereby repealed.
Approved April 12, 1886.
regis- SEc. 13. The place for the registration of voters in
and for every election precinct in the cities mentioned in
section 3 of the act of which this is amendatory, shall be
the usual places of holding elections therein. The reg-
regis-isters shall be in attendance at their respective places for
registration on the second Thursday next preceding
every general annual election, for the purpose of regis-
tering voters, copying registry lists and correcting the
same, and performing such other duties as are required
of them in order to properly prepare the necessary lists
for the ensuing election. They shall be in attendance
from 8 o'clock a. m. 'till 9 o'clock p. m.; shall person-
ally supervise all registration, and shall be in constant
attendance during the hours designated for the discharge
of their duties. For the general annual election in 1888,
and that of every fourth year thereafter, they shall re -
Days attend-
ance. main in attendance three days, and for every other gen-
eral annual election they shall remain in attendance two
days.
New registry SEC. 14. The registers shall make a complete new
lists made registry of voters for the general annual election of 1888,
every fourth, g y
year. and for that of every fourth year thereafter. For all
other general annual State elections they shall prepare a
otherRegistry yalist new registry list, based on that of the last preceding
general annual election, and every person whose name
Place for
tration.
Time of
tration.
LAWS OF IOWA.
77
appears upon such registry list of the last preceding gen-
eral annual election shall be entered upon the new reg-
istry list as also the facts showing his qualification as a
legal voter, as they appear upon such last preceding
registry list.
SEc. 15. For all other general or special elections, Other general
whether State, county, city or township, the registry list t Onseerai elee-
for the last preceding general annual election shall be
used, and every person registered thereon shall be con-
sidered as registered to vote at such election, except as
such list may be corrected and changed by the regis-
ters, as by law provided; said registers shall meet upon
the Saturday preceding every election, whether general
or special, township, city, State or National, instead of
upon Wednesday, as provided in section 8, of said chap-
ter 161 ; and except as to said change of meeting from
Wednesday to Saturday preceding the election, all of the
provisions of said section 8, shall remain unimpaired and
in full force.
SEC. 16. Upon the revision and completion of said Reg str lit to
registry lists they shall be duly certified by the registers,
be fied.
who, after making the same corrections upon and addi-
tions to the alphabetical lists, shall deliver the registry
and alphabetical lists to the Judges of election for the
proper precinct, on every such election day, before the
hour for the opening of the polls.
SEC. 17. During the days when the registers are inAlphabetical .
session, they shall, when not actually engaged in regis
tering voters. prepare the alphabetical lists and complete
their labors with all reasonable dispatch. They shall re- compensation.
ceive as compensation $2.5o per day, for each calendar
day, upon which they shall be employed, for all services
required of them under the provisions of this act. They
shall be paid their compensation by the county, except By whom paid.
that in case of city elections they shall be paid by the
city.
SEC. 18. The city clerk shall carefully preserve all served' be pre -
registry and alphabetical lists and poll books and other
papers pertaining to the last preceding election for
eighteen months after the election at which they were
first issued, and may then destroy them unless a contest Contests.
be then pending over the election of a person voted for
at such election, in which case he shall preserve those
so bearing upon such contest until after the same has
been finally disposed of. He shall on the application of
the registers, deliver to them, prior to their first meeting
1
ireuramemariiiiminio
78
LAWS OF IOWA.
for each election, the registry and alphabetical lists and
poll books which they require in order to properly pre-
pare the necessary lists for the next ensuing election, all
of which shall be . returned to him by them when they
have completed their work for such election, except
such as they are required to deliver to the Judges of
election.
Session on day SEC. 19. The registers shall also be in session on the
of election.
Certificates.
Persons who
may register
on election
day.
Contents of
certificates.
day for the holding of each and every election, at some
place convenient to, but not within one hundred feet of
the voting place, and during all the hours in which, by
law, the polls are required to be kept open, for the pur-
pose only of granting certificates for registration to per-
sons who, being electors, are not registered; but no such
certificate shall be granted except to a person who was
absent from the city during all the days fixed for the
registration of voters for that election, or to a person
who, being a foreigner, has received his final papers
since the last preceding day for the registration of voters
for that election; or to a person whose name was on the
preceding Saturday, and in the absence of such person,
stricken from the registry list, and who, on said day of
election, shall prove to the satisfaction of said registers
that he is a lawfully qualified elector of said voting pre-
cinct. These certificates shall contain all the data show-
ing the qualification of the voter, as is required for reg-
ular registration, and in addition, the special matter
showing the voter's right to a certificate under this sec-
tion. The proper statement shall be signed and sworn
to by the voter before one of the registers, and it shall
be supported by the affidavit of a freeholder who is a
registered voter in that precinct, who shall make oath to
the qualification of the applicant as a voter in that pre-
cinct; and if the applicant be one whose name was
stricken from the registry list, said affidavit of such free-
holder shall contain the fact showing the right of said
applicant to vote in that precinct. The certificate shall
be handed in to the judges of election with the voter's
ballot. The data therefrom, showing the voter's name
and his qualification as a voter, shall be entered on the
registry lists by the judges and clerks of the election,
under the appropriate headings, and the original certifi-
cate shall be returned to the city clerk, who shall care
Certificate pre- fully preserve it, in the same manner, and for the same
served. time as the registry lists and poll books. The certifi-
cate, before delivery to the applicant, shall be certified
by the registers to the effect that the person therein
named is a qualified voter in that precinct, and that he
LAWS OF IOWA. 79
is entitled to be registered as such, under this section.
SEC. 20. This act, and the act to which it is amend- Inapplicable
atory, are hereby declared inapplicable to elections held ou hodl elec-
under and in accordance with the school laws of the
State.
SEc. 2I. So much, and so much only, of chapter 161, Chapter
mend amended.
acts of the Twenty-first General Assembly of the State
of Iowa, as is in conflict herewith, is hereby repealed.
CHAPTER XXXIII.
,MANNER OF HOLDING ELECTIONS.
AN 'ACT to provide for the printing and distribution Sub. for H. F.
of ballots at public expense, and for the nomination 4s'
of candidates for public offices ; to regulate the man-
ner of holding elections ; and to enforce secrecy of
the ballot.
Be it enacted by the General Assembly of the State of
Iowa:
SECTION I. That in all elections to be held after school elec-
November I, 1892, in the State for public officers tions excepted.
(except those elected at school elections), the voting
shall be by ballots printed and distributed at public
expense as hereinafter provided, and no other ballots
shall be used.
SEc. 2. The printing and distributing of ballots and Expense of
cards of instruction to the voters, as hereinafter de- elections.
scribed, for any general election, shall be at the expense General.
of the county, and shall be provided for in the same
manner as other county election expenses; 'and the
printing and distributing of ballots for use in city elec-
tions shall be at the expense of the city or town in City or town.
which such election shall be held.
The term " general election," as used in this act, shall Application of
apply to any election held for the choice of national,
state, judicial, district, county or township officers,
whether for the full term or for the filling of a vacancy.
The term " city election " shall apply to any municipal
election held in a city or incorporated town.
80
LAWS OF IOWA.
Who may make SEc. 3. Any convention of delegates, primary, cau-
nominations. cus or meeting of qualified voters as hereinafter defined,
and individual electors to the number and in the man-
ner hereinafter specified, may nominate candidates for
public office, whose names shall be placed upon the
ballots to be furnished as hereinafter provided.
SEc. 4. Any convention of delegates, primary, cau-
cus or meeting representing a political party, which at
the general election next preceding polled at least two
(2) per cent. of the entire vote cast in the State or division
thereof, or municipality for which the nomination is
made, may for the State or division thereof, or munici-
pality for which the convention, primary, caucus,
or meeting is held, as the case may be, by causing a
certificate of nomination to be duly filed,•make one such
nomination for each office therein to be filled at the
election. Every such certificate of nomination shall
state such facts as are required in section six of this act,
and shall be signed by the presiding officer and by the
secretary of the convention, caucus or meeting, who
Signature. shall add to their signatures their places of residence.
Where such nomination is made by a primary election,
the certificate shall be signed by the board of can-
vassers, to which the returns of such primary election are
made. Such certificate shall be sworn to by them to
be true, to the best of their knowledge and belief, and a
certificate of the oath shall be annexed to the certificate
of nomination.
Candidates at SEC. 5. Nominations for candidates for any office to
large. State. be filled by the voters of the state at large may also be
made by nomination papers, signed in the aggregate for
each candidate by not less than five hundred (500)
qualified voters of the state. Nominations of candi-
dates for offices to be filled by the electors of a county,
Same in dis- district or other division less than the state, may be
tricts. made by nomination papers, signed in the aggregate for
each candidate by not less than twenty-five (25) qualified
voters of such county, district or division. Nominations
of candidates for offices to be filled by the electors of a
Same in city or city, town, precinct or ward may be made by nomina-
town. tion papers signed in the aggregate for each candidate
by not less than ten (to) qualified voters of such city,
town, precinct or ward; provided, that the name of any
candidate, whose name may appear in any other place
upon the ballot, shall not be so added by petition for the
Same, signa- same office. Each elector signing a certificate shall add
ture to certifi- to his signature his place of business and postoffice ad-
cate.
dress.
How nomina-
tions may be
made.
Certificate of
nomination.
Contents.
Certificate of
primary sworn
to.
LAWS OF IOWA. 81
SEC. 6. All certificates of nomination, or nomination Nomination
papers, shall, besides containing the names of candi- Co tents:
dates, specify as to each :
i. The office to which he is nominated.
2. The party or political principle which he repre:
sents, expressed in not more than five (5) words.
3. His place of residence, with street and number
thereof, if any.
In the case of electors for president and vice•presi- ereeidential
ion.
dent of the United States, the names of the candidates
for president and vice-president may be added to the
party or political appellation.
SEc. '7. Certificates of nomination, and nomination e°mficnte n
papers for the nomination of candidates for offices to be sreta y o eti te.
filled by the electors of the entire state, or any division
or district greater than a county, shall be filed with the
secretary of state not more than sixty (6o) days and Time.
not less than thirty (3o) days before the day fixed by
law for the election for which the candidates are nom-
inated. All other certificates for the nomination ofwhen filed
candidates shall be filed with the county auditor of the wwualt ounty
respective counties, not more than sixty (6o) days and
not less than twenty (2o) days previous to the day of Time.
such election : Provided, That certificates of nomina-
tion and nomination papers for the nomination of
candidates for the offices in cities and incorporated
towns shall be filed with the clerks or recorder of the When filed
cities or incorporated towns not more than forty (4o) wi eClerk.
days and not less than ten (to) days previous to such
election.
SEC. 8. Any person whose name has been presented Nominations
as a candidate may cause his name to be withdrawn withdrawn.
from nomination by his request in writing, signed by
him and acknowledged before an officer qualified to
take acknowledgment of deeds and filed with the sec- Filedwithw sti ic-
retary of state not less than fifteen (t5) days, or with
the proper auditor, clerk or recorder not less than eightwhen uador
(8) days previous to the day of election, and no name or Clerk.
so withdrawn shall be printed u pon the ballots. All
certificates of nomination and nomination papers, when
filed, shall be open, under the proper regulation, to pub-
lic inspection, and the secretary of state and the several Papers may be
county auditors, clerks and recorders having charge of the public.
nomination papers shall preserve the same in their
respective offices for not less than six months after the
election.
82
LAWS OF IOWA.
When nominee SEC. 9. In case a candidate who has been duly
dies or declines nominated, under the provisions of this act, die before
election day or decline the nomination as in this act
provided, or should any certificate of nomination be
held insufficient or inoperative by the officer with whom
they may be filed, the vacancy or vacancies thus occa-
how sioned may be filled by the political party or other
persons making the original nominations, or, if the time
is insufficient therefor, then the vacancy may be filled,
if the nomination was by convention, primary or caucus,
in such a manner as the convention, primary or caucus
had previously provided, or in case of no such previous
provisions, then by a regularly elected or appointed ex-
ecutive or central committee, representing the political
party or persons holding such convention, primary
meeting or caucus. The certificates of nominations
made to supply such vacancy, shall state in addition to
the facts hereinbefore required by this act, the name of
the original nominee, the date of his death or declina-
tion of nomination, or the fact that the former nomina-
tion has been held insufficient or inoperative and the
measures taken in accordance with the above require-
ments for filling a vacancy, and it shall be signed and
Statement sworn to by the presiding officer and secretary of the
sworn by convention,
presidingto offi-primary or caucus, or by the chairman and
cers. secretary of the duly authorized committee as the case
may be.
Objections to SEC. 10. The certificates of nomination and nomina-
nomination tion papers being so filed, and being in apparent con -
papers. formity with the provisions of this act, shall be deemed
to be valid, unless objection thereto is duly made in
writing. Such objections or other questions arising in
relation thereto in the case of nomination of state
officers or officers to be elected by the voters of a
division less than the state and greater than a county,
shall be considered by the secretary of state, auditor of
When settled state and attorney general, and the decision of the
by Secretary of .l Y State, Auditor majority of these officers shall be final. Such objections
and Attorney or questions arising in the case of nominations for
General' officers to be elected by the voters of a county or town-
ship, shall be considered by the county auditor, clerk
When settled of the district court and county attorney for such
by County Au- county, Y, and the decision of a majority of said officers
Attorney. shall be final. Objections or questions arising in the
case of nominations for city or incorporated town offi-
when settled cers shall be considered by the mayor and clerk or
c erkyor or recorder, with whom one councilman or trustee thereof
as the case may be, chosen by lot, shall act, and the
Vacancy,
filled.
Addttional
facts stated.
LAWS OF IOWA. 83
decision of a majority of such officers shall be final. In
any case where objection is made, notice shall forthwith
be given to the candidates affected thereby, addressed Notice to can-
to their place of residence as given in the nomination t id as af-
papers, and stating the time and place, when and where
such objections will be considered.
SEC. 11. When such certificate is filed with the Duty of Secre-
secretary of state, )ie shall, in certifying nominations to too y o Staf te as
the various county auditors, insert the name of the per-
son thus nominated to fill a vacancy in place of the
original nominee; and in the event that he has already
sent forward his certificate, he shall forthwith certify to
the auditors of the proper counties the name and contents of
description of the person so nominated to fill the certificate'
vacancy, the office he is nominated for, with the other
details mentioned in certificates of nomination filed with
the secretary of state ; he shall immediately certify the certificate to
name so supplied to the authorities charged with print- pry ter as to
ing of the ballots. The name so supplied for the
vacancy shall, if the ballots are not already printed, be
placed on the ballots in place of the name of the orig-
inal nominee ; or, if the ballots have been printed, .new
ballots, whenever practicable, shall be furnished.
SEC. 12. Whenever. it may not be practicable Yo when new bal-
have new ballots printed, it shall be the duty of theplortitceadunot be
election officer having charge of the ballots to place the
name supplied for the vacancy upon each ballot issued
before delivering it to the voter ; the name so supplied
may be placed upon the ballots either by affixing "a
paster, or by writing or stamping the name on the bal-
lot ; and to enable this to be done, the officer with
whom the certificates of nomination are to be filed shall
immediately furnish the name of such substituted nom- Name of substi-
inee to all judges of election within the territory in tute furnished
which such nominee may be a candidate ; Provided, to judges.
that in all cases where certificates of nomination or nom-
ination papers are filed with the secretary of state, he
shall be required only to immediately furnish the name Secretary of
of such substituted nominee to the county auditors namesuofrsub-
within said territory and it shall then be the duty of the stitute to
county auditor to furnish such information to the judges ana fea to do
of election as hereinbefore stated. the judge.
SEC. 13. Not less than fifteen (15) days before an secretary of
election to fill any public office, the secretary of state county furnish
shall certify to the county auditor of each county within names 15 rays
which any of the electors may by law vote for can- before election
didates for such office, the name and residence of each
4.111110.
84 LAWS OF IOWA.
person nominated for such offi-
ce, as specified in the certificates
of nomination or nomination
papers filed with the secretary
of state.
Names of all SEc. 4. The names of all
candidates candidates to be voted for in
ballot. on one each election district or precinct
shall be printed on one ballot;
all nominations of any political
party or group of petitioners be-
ing placed under the party ap-
pellation or title of such party or
group, as designated by them
in their certificates of nomination
or petitions, or, if none be desig-
nated, then under some suitable
title, and the ballot shall contain
Ballot to con- no other names, except that, in
namn eno other case of electors for president and
vice-president of the United
States, the names of the candi-
dates for president and vice-
president may be added to the
party or political designation.
Constitutional If a constitutional amendment
amendment. or other public measure is sub-
mitted to a vote, such question
shall be printed upon the ballot
after the list of candidates, and
words calculated to aid the
voter to answer any question
submitted to vote may be added,
such as "Yes," "No," or the
like. On the back or outside of
the ballot, so as to appear when
folded, shall be printed the
words "Official ballot," followed
by the designation of the e polling
place for which the ballot is pre-
pared the date of the election,
and a fac simile of the signature
of the auditor or other officers
who has caused the ballot to be
o hiteo aeered printed. The ballots shall be
for ballots. on plain white paper, through
which the printing or writing
cannot be read. The party ap•
Form of.
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LAWS OF IOWA. 8b
pellation or title shall be printed in capital let-
ters, not less than one-fourth of an inch in
height; and a circle one-half inch in diameter should be
printed at the beginning of the line in which such ap-
pellation or title is printed. The names of candidates xow printed:
shall be printed in capital letters, not less than one -
eighth nor more than one-fourth of an inch in height
and at the beginning of each line in which the name of
a candidate is printed a square shall be printed, the sides
of which shall not be less than one-fourth of an
length. The list of candidates for the several parties Partytiekets
separated by a
and groups of petitioners shall be placed in separate line.
columns on the ballots, in such order as the authorities
charged with the printing of the ballots shall decide.'
Each of the columns containing the list of candidates in-
• eluding the party appellation shall be separated by a dis-
tinct line.
SEC. 15. For all elections to which this act applies, County auditor
the county auditors in their respective counties shall toha i Barge
have charge of the printing of the ballots for all general
electionF, and shall furnish them to the, judges of such
elections. The city clerk and recorder of incorporated City clerk to
towns shall have charge thereof and furnish them in all cket barge of
municipal elections. Ballots shall be printed and in the
possession of the officer charged with their distribution
at least two (2) days before the election, and subject to B llott a f be
the inspection of candidates and their agents. If any two days be -
mistakes be discovered they shall be corrected without fore election.
delay. The officers so charged with the printing of the
ballots shall cause to be delivered to the judges of elec-
tion, at the polling place of each voting, precinct, not
less than twelve (tz) hours before the time as fixed by
Iaw for the opening of the polls therein, one hundred too ballots fur -
(too) ballots of the kind to be voted in such precint for eve y sovoters
every fifty (5o) votes or fraction thereof cast therein at
the last preceding election for state officers. Such bal-
lots shall be put up in separate sealed packages, with sealed pack -
marks on the outside clearly designating the polling ages.
place for which they are intended, and the number of
ballots enclosed and receipt therefor shall be given by Receipts taken.
the judge or judges of election to whom they are deliv-
ered, which receipt shall be preserved by the officer
charged with the printing of the ballots. The officer or
authorities charged with the printing and distributing of
the ballots shall provide and retain at his or their office
an ample supply of ballots in addition to those distrib- supply of bal- -
uted to the several voting precincts, and if at any time, lots retained.
on or before the day of election the ballots furnished to
any precinct shall be lost, destroyed or exhausted, be-
fore the polls are closed, on written application, signed
by a majority of the judges of such precinct or signed
and sworn to by one of such judges, he shall immedi-
ately cause to be delivered to such judges, at the polling
Additional bal- place, such additional supply of ballots as may be re-
uired
Wlots,ishedhow fur- q ,and sufficient to comply with the provisions of
this act.
Constitutional SEC. 16. Whenever a constitutional amendment or
amendments,
how proposed other public measure is proposed to be voted upon by
and voted on.
86 LAWS OF IOWA.
Lost or ex-
haiisted.
Full instruc-
tions to be fur-
nished voters.
Ballots spoiled
Cards of in-
structions.
Judge to cause
cards to be
posted.
Cards posted
on election day
the people, such amendment or other public measure
shall be printed in full upon the ballot, preceded by the
words : "Shall the following amendment to the consti-
tution (or public measure) be adopted ? "• Two spaces
shall be left upon the right hand margin, one for votes
favoring the amendment, or public measure, to be des-
ignated by the word "Yes," and one for the votes op-
posing the amendment or measure to be designated by
the word "No," as in the form herein given.
Proposition, Shall the following amendment to the constitution (or
hthe ballots. ow made °" public measure be adopted ubli:
[Here insert in full the proposed
public measure or constituional amend -
Plan of mark- merit.]
Prig ballot. The elector shall designate his vote by
a cross -mark, thus (x).
SEC. 17. The officer or officers whose duty it is to
have the ballots printed, shall prepare full instructions
for the guidance of voters at each election, as to obtain-
ing ballots, as to the manner of marking them and the
method of gaining assistance. and as to obtaining new
ballots in placeof those accidentally spoiled; and they
shall respectively cause the same, together with copies
of sections 22, 23, 24, 25, 26, 27, 28 and 29 of this act
to be printed in large clear type on separate cards, to be
called cards of instruction; and such officer or officers
shall furnish to the judges of election a sufficient number
of such cards of instruction to enable the judges of elec-
tion to comply with the provisions of this act.
SEC. 18. The judges of election shall cause not less
than one of such cards to be posted in each voting booth
or apartment provided for the preparation of ballots, and
not less than four (4) of such cards to be posted in and
about the polling place upon the day of election. Judges
of election shall, not less than five (5) days prior to an
election, cause to be conspicuously posted in five or
YES
X
NO
•
LAWS OF IOWA. 87
more public places in their voting precinct a card of in-
struction and a specimen ballot printed on colored paper, Sample ballot.
containing the names, residence and .party or political
affiliation of all candidates nominated, as herein provided
and to be voted for in such precinct, substantially in the
form of the printed ballot to be used. The county au-
ditor shall cause to be published prior to the day of
election in at least two newspapers, if there be so many Tickets to be
published in such county, representing the political newspaperaas
parties which cast at the preceding general election the they will ap-
largest and next largest number of votes, a list of all the pear.
nominatioi,s made as herein provided and to be voted
for at such election as near as may be in the form in
which they shall appear upon the general ballot; pro-
vided that publication by the county auditor shall not
be required for or apply to the election of township or
municipal officers.
SEC. 19. Election boards shall,be composed of three How election
judges and two clerks. The judges of election of their Posen COm-
respective election precincts shall have charge of the
ballots and furnish them to the voters as hereinafter set
forth. Not more than two judges and not more than
one clerk shall belong to the same political party or or- Represent dif-
ganization; provided, always, there be one or more elec- Peamtspolrtrcai
tors qualified and willing to act as such judge or clerk,
and belonging to and a member or members of opposite
parties. In municipalities the councilmen or trustees Councilmen or
shall be ex-officio judges of election; provided, that in judges to be
case more than two councilmen or trustees belonging to
the same political party or organization be residents of
the same election precinct, the county board of super- Boardofsuper-
visors may designate which of the councilmen or trus- visors may de-
signate judges.
tees shall serve as judges at general elections in such
precincts. In township precincts the clerk of the town-
ship shall be ex-officio, a clerk of election of the precinct Clerk of elec-
in which he resides, and the .trustees of the township
shall be ex- officio judges of election, except that in town-
ships not divided into election precincts, if all the trus-
tees be of the same political party, those two only whose
terms expire in one and two years, shall be ex-officio Township
judges of such precinct. The membership of such elec- judges to be
tion board shall be completed by the board of supervis-
ors from the party unrepresented which cast the largest
or next largest number of votes in said precinct at the
last general election; and as now provided by law and
in conformity with this act, provided, that in all city city council
elections the powers and duties hereinbefore given and ge lect
made incumbent upon the board of supervisors shall be
88
Vacancy,
ti]led.
LAWS OF IOWA.
exercised and performed by the city council or trustees
of incorporated towns. If at the opening of the polls in
how any precinct there shall be a vacancy in the office of clerk
or judge of election, the same shall be filled by the mem-
bers of the board present and from the political party
which is entitled to such vacant office under the provi-
sions of this act.
Duty of the SEC. 20. It shall be the duty of the township trus-
trustees tees, and in cities andtowns, ofthe
mayor, clerkor or mayor and clerk or
recordertopro-recorder, to provide suitable places in which to hold all
vide place holding ele for elections provided for by this act, and to see that the
Lion. c- same are warmed, lighted and furnished with proper
supplies and conveniences, including a sufficient num-
ber of booths, shelves, pens, penholders, ink, blotters
and pencils as will enable the voter to prepare his ballot
for voting, and in which voters may prepare their bal-
lots, screened from all observation as to the manner in
Plan of booths, which they do so. A guard rail shall be so constructed
boxra"rail and and placed that only such persons as are inside said rail
can approach within six (6) feet of the ballot box, and
of such voting booths. The arrangements shall be such
that the voting booths can only be reached by passing
within said guard-rail. They shall be in plain view of
the election officers, and both they and the ballot boxes
shall be in plain view of those outside of the guard-rail.
Each of said booths shall have three sides enclosed, one
side in front, to open and shut by a door swinging out-
ward or to be closed with a curtain. Each side of each
booth shall be seven (7) feet high, and the door or cur-
tain shall extend to within two (2) feet of the floor,
which shall be closed while the voter is preparing his
ballot; and such booths shall be well lighted. Each
booth shall be at least three (3) feet square, and shall
contain a shelf at least one (i) foot wide, at a conven-
ient height for writing. No person other than the elec-
who admitted tion officers and the challengers allowed by law and
inside o
guard-rail. those admitted for the purpose of voting as hereinafter
provided, shall be permitted within the guard-rail, ex-
cept by the authority of the election officers, to keep
order and enforce the law. The number of such voting
Average num-booths shall not be less than one (i) to every sixty (6o)
ber of booths voters,or fraction thereof, who voted at the last preced-
ingvoters.p
ing election in the precinct. The expense of providing
booths and guard-rails, and other things required in this
act, shall be paid in the same manner as other election
Booths to expenses. Said booths or compartments shall be so built
permauent and ex P
be reserved for and arranged, if possible, as to be permanent, so that
fu
ture elec-
tions. after the election they may be taken down and deposited
Must be in
plain view.
Booths, how
constructed
and operated.
LAWS OF IOWA. 89
with the township or city clerk or town recorder, as the
case may be, for safe keeping for all future use. In all
cases where it is practicable, in precincts outside of cities
and towns, the elections shall be held in the public in
c ion certain
school building, for the use of which there shall be no school houses.
charge. But all damage to the building or furniture
shall be a just claim against the county.
SEC. 21. Any person desiring to vote In precincts Precinct where
registration is
where registration is required, shall give his name, and, required.
if required to do so, his residence, to the judges of elec-
tion, one of whom shall thereupon announce the same Judge announ
in a loud and distinct tone of voice, clear and audible; ces name•
and if such name is found on the register of voters by
the officer having charge thereof, he shall likewise repeat
such name, and the voter shall be allowed to enter the
space enclosed by the guard-rail, as above provided.
One of the judges shall give the voter one, and only one orreballotonly
ballot, on the back of which such judge shall endorse his allowed voter.
initials in such manner that they may be seen when the Indorsement
ballot is properly folded, and the voter's name shall im- on back of
mediately be checked on the registry list. At all elec- ballot.
tions, where registration is required, if the name of any If not regis
person desiring to vote at such election is not found on tered he must
the register of voters, he shall not receive a ballot until inw ue orehre_
he shall have complied with the law prescribing the man-
ner and conditions of voting by unregistered voters. If
any person desiring to vote at any election shall be chal- Where chal-
lenged, he shall not receive a ballot until he shall have lensed•
established his right to vote in the manner provided by
law. Besides the election officers, not more than two Voters in ex-
cess of booths
voters in excess of the whole number of voting• booths not allowed irr
provided shall be allowed in said enclosed space at one space enclosed
time. This section shall apply to and govern, where ap- Applicable
plicable, all persons desiring to vote in precincts where t on notegestra-
registration is not required. quires.
SEC. 22. On the receipt of his ballot, the voter shall Voter must re -
forthwith, and without leaving the enclosed space, retire ana porepareh
alone to one of the voting booths so provided, and shall ballot.
prepare his ballot by making in the appropriate margin
or place a cross (x) opposite the name of the candidate Directions to
of his choice for each office to be filled, or by writing in prepare ballot.
the name of the candidate of his choioe in a blank space
on said ticket, making a cross (x) opposite thereto;
and in case of a question submitted to the vote of the
people, by making in the appropriate margin or place a
cross (x) against the answer he desires to give; pro-
vided, however, if he shall desire to vote for all the can-
90
LAWS OF IOWA.
Directions for didates of one political patty, or group of petitioners, he
soi ga may place such mark at the appropriate place, preceding
ticket." the appellation or title under which the names of the
candidates of such party or group of petitioners, are
printed; and the ballots so marked shall be counted as
cast for all the candidates named after that title; pro-
vided, further, that the voter may place such mark at
May also vote the appropriate space preceding the appellation or title
for one or more
candidates of of any one party or group of petitioners, and may also
some other mark, at the appropriate place preceding the name or
party' names of one or more candidates printed under the ap-
pellation or title of some other party, or group of peti-
How counted.' tioners, and a ballot so marked shall be counted as cast
for all candidates named under the appellation or title
which has been so marked, except as to the officers to
which he has placed such mark preceding the name or
names of some other candidate or candidates printed
under the title of some other party or group of petition-
ers, and as to such, it shall be counted as cast for the
candidate or candidates preceding whose name or names
such mark may have been placed. Before leaving the
Ballot must be
folded to con- voting booth the voter shall fold his ballot in such man-
ceal marks ner as to conceal the marks thereon. The number of
thereon. the voter on the poll books or register list shall not be
endorsed on the back of -his ballot. He shall mark and
w thout delay. deposit his ballot without undue delay, and shall quit
said enclosed space as soon as he has voted. No voter
shall be allowed to occupy a voting booth already occu-
pied by another, nor remain within said enclosed space
Voters must more than ten minutes, nor to occupy a voting booth
not remain in booths nor the more than five minutes, in case all of said voting booths
enclosure. are in use and other voters waiting to occupy the same.
Must not re- No voter, not an election officer, shall, after having
enter. voted, be allowed to enter said enclosed space during
Ballots must said election. No person shall take or remove any bal-
notlieremoved lotifrom the polling place before the close of the poll. No
Regular ballots voter shall vote, or offer to vote, any ballot except such
used can be as he has received from the judges of election in charge
of the ballots. Any voter who shall, by accident or
Spoiled ballots mistake, spoil his ballot, may on returning said spoiled
ballot to the election judges, receive another in place
thereof. Any voter who, after receiving an official baI-
If voting is de- lot, decides not to yote, shall, before retiring from within
ffee erred bballot the guard rail, surrender to the election officers the offi-
returned. cial ballot which has been given him; and a refusal to
surrender such ballot shall subject the person so offend-
ing to immediate arrest and the penalties affixed in sec-
tion 27 of this act.
LAWS OF IOWA.
91
SEC. 23. Any voter who may declare upon oath that Where voter
he cannot read the English language, or that by reason cannot read.
of any physical disability he is unable to mark his bal•
-
lot, shall, upon request, be assisted in marking his ballot Maybe assisted
by two of the election officers of different political par- bal otrking his
ties, to be selected from the judges and clerks of the
precinct in which they are to act, to be designated by
the judges of election of each precinct at the opening of
the polls. Such officers shall mark the ballot as directed such officer
mst not di -
by the voter, and shall thereafter give no information re- vuuige marking.
garding the same. The clerks of election shall enter upon
the poll lists, after the name of any elector who received
such assistance in marking his ballot, a memorandum of Memoranda.
the fact. Intoxication shall not be regarded as a phys- Intoxication.
ical disability, and no intoxicated person shall be entitled
to assistance in marking his ballot.
SEC. 24. Any person entitled to vote at a general Employs may
election in this state, shall, on the day of such election, selves two
be entitled' to absent himself from any services or em- hours.
ployment in which he is then engaged or employed for
a period of two hours, between the time of opening and
closing the polls, and such voter shall not, because of so To suffer no de -
absenting himself, be liable to any penalty, or shall any wagesn from
deduction be made on account of such absence from his
usual salary or wages; provided, however, that applica-
tion for such leave of absence shall be made prior to the
day of election. The employer may specify the hours Employer may
during which said employe may absent himself as afore- specify hours.
said. Any person or corporation who shall refuse to an Penalty for re-
fusalemploye the privilege hereby conferred, or shall subject f w g s.
an employe to a penalty or deduction of wages because
of the exercise of such privilege, or who shall in any
manner attempt to influence or control such voter as to
how he shall vote, by offering any reward or by threat-
ening his discharge from employment, or otherwise in- Intimidation
timidating him from a full and free exercise of his right o bed and pun -
to vote, or shall, directly or indirectly, violate the pro-
visions of this section, shall be deemed guilty of a mis-
demeanor, and be fined in any sum not less than five
dollars ($5) or more than one hundred dollars ($Ioo).
SEC. 25. If a voter marks more names than there are Excess of
persons to be elected to an office, or if for any reason baiioGngs on
it is impossible to determine the voter's choice for any
office to be filled, his ballot shall not be counted for such
office. No ballot without the official endorsement shall All ballots
be allowed to be deposited in the ballot box, and none m I t havese-
but ballots provided in accordance with the provision meat.
92
Defective"
and rejected
ballots.
LAWS OF IOWA.
of this act shall be counted. Ballots not counted shall
be marked " defective" on the back thereof, and ballots
to which objection has been made by either of the judges
or challengers, shall be marked " objected to" on the
back thereof, and a memorandum, signed by the judges,
stating how it was counted, shall be written upon the
back of each ballot so marked; and all ballots marked
Defective bal- "defective" or "objected to," shall be enclosed in an en -
lots sealed and
marked. velope, securely sealed, and so marked and indorsed as
to clearly disclose its contents. All ballots not voted,
Spoiled and and all that have been spoiled by voters while attempt-
unvotedbal- ingto vote, shall be returned by the judges of election
lots must be re-
turned. to the officer or authorities charged with the printing
and distribution of the ballots, and a receipt taken there-
for, and shall be preserved for six months. Such officer
Record of bal- shall keep a record of the number of ballots delivered
lots, time ofde- for each polling place, the name of the person to whom,
livery and per-
son to whom and the time when delivered, and he shall also enter
delivered. upon such record the number and character of the bal-
lots returned, with the time when and the' person by
whom they are returned. When the canvass shall have
been completed as now provided by law, the clerks shall
announce to the judges the total number of votes re-
ceived by each candidate; at least one judge of the elec-
Proclamation tion shall then proclaim in a loud voice the total pum-
asofvotes to numre-by ofthe ber ber of votes received each persons voted for
ceived by can- and the office for which he is designated, as announced
didate. by said clerks, and the number of votes for and the num-
ber of votes against any proposition which shall have
been submitted to a vote of the people; immediately
after making such proclamation, and before separating,
the judges shall fold in two folds, and string closely upon
Regular ballots a single piece of flexible wire, all ballots which have
must be strung been counted by them except those marked " objected
on wire.
to," unite the ends of such wire in a firm knot, seal the
knot in such a manner that it cannot be untied without
String sealed. breaking the seal, enclose the ballots so strung in an en-
velope and securely seal such envelope in such a man-
ner that it cannot be opened without breaking the seal,
and return said ballots, together with the package with
the ballots marked " defective" or " objected to," in such
sealed package or envelope, to the proper auditor, clerk
Strung ballots or recorder, as the case may be, from whom the same
returned to au- were received, and such officer shall carefully preserve
ditor or clerk.
such ballots for six months, and at the expiration of that
Ballots pre- time shall destroy them by burning without previously
served six opening the package or envelope. Such ballot shall be
months and
burned. destroyed in the presence of the official custodian there -
LAWS OF IOWA. 93
of, and two electors of approved integrity and good re- Witnesses se-
pute and members respectively of the two leading polit- lected.
ical parties. The said electors shall be designated by
the chairman of the board of supervisors of the county
in which such ballots are kept; provided, that if any
contest of the election of any officer voted for at such contested bal-
election shall be pending at the expiration of said time lstroots yednot de
the said ballots shall not be destroyed until such contest
is finally determined. In all cases of contested elec- Procedure in
tions, the parties contesting the same shall have the case of contest.
right to have said ballots opened, and to h2.:ve all the
errors of the judges in counting or refusing to count any
ballots, corrected by the court or body trying such con-
test; but such ballots shall be opened only in open court, Ballots opened
or in open session of such body, and in the presence of
the officer having the custody thereof.
SEC. 26. No person whatever, shall do any elec- Electioneering
in certain cases
tioneering or soliciting of votes on election day within prohibited.
any polling place, or within one hundred (too) feet of
any polling place. No person shall interrupt, hinder or
oppose any voter while approaching the polling place
for the purpose of voting. Whoever shall violate the rnnisement
provisions of this section shall be punished by a fine of for violatio.
not less than twenty five ($25) dollars nor more than one
hundred ($ioo) dollars or imprisonment for not less than
ten (to) days nor exceeding thirty (3o) days, or by
both fine and imprisonment, for each and every offense;
and it shall be the duty of the judges of election to en- Duty of judge
force the provisions of this section. to enforce law.
SEC. 27. Any voter who shall, except as herein oth- b i ot:ure of
erwise provided, allow his ballot to be seen by any
person with an apparent intention of letting it be known
how he is about to vote, or who shall make a false False state -
statement as to his inability to mark his ballot, or any ment.
person who shall interfere, or attempt to interfere, with Intemperance.
any voter when inside said enclosed space, or when
marking his ballot, or who shall endeavor to induce any Inducements
voter, before voting, to show how he marks, or has oT to deli ate
marked his ballot, or any person who shall mark or ballots.
cause in any manner to be marked, on any ballot, any
character for the purpose of identifying said ballot, shall
be punished by a fine of not less than five dollars (5) punishment
nor more than one hundred dollars ($ioo), or imprison- fen a ove of-
ment for not less than ten days (to) nor exceeding
thirty days (3o), or by both fine and imprisonment ;
and it shall be the duty of the election judges to enforce Judge to en -
the provisions of this section. force law.
94
LAWS OF IOWA.
Wilful destruc- SEC. 28. Any person who shall, prior to any elec-
tion of lists,
cards or speci-
tion, willfully destroy or deface any list of candidates
men ballots posted in accordance with the provisions of this act, or
printed or
posted. who, during an election, shall willfully deface, tear
down, remove or destroy any card of instruction or
specimen ballot, printed and posted for the instruction
of voters, or who shall, during an election, willfully
Wilful destruc- remove or destroy any of the supplies or conveniences
tion of supplies
or hindrance furnished to enable voters to prepare their ballots, or
of voters pun- shall willfully hinder the voting of others, shall be pun-
ished. ished by a fine of not less than ten dollars (Po) nor
more than one hundred dollars ($ioo), or imprisonment
for not less than ten (to) days nor exceeding thirty (3o)
days, or by both fine and imprisonment.
Certificates of SEC. 29. Any person who shall falsely make, or
nominationletterof, willfullydestroyanycertificate of nomination,or nom-
with-
drama falsely ination papers, or any part thereof, or any letter of
madepun-
ished., withdrawal, or file any certificate of nomination, or
nomination papers, knowing the same or any part
thereof, to be falsely made, or suppress any certificate
of nomination, or nomination papers, or any part
thereof which have been duly filed, or forge, or falsely
make the official endorsement on any ballot, or substi-
tute therefor any spurious or counterfeit ballot, or
IImitation bal- make, use, circulate, or cause to be made or circulated,
mitation or paper, as an official ballot, anypaper printed in imitation or
delay in deity-
ery of ballots, resemblance thereof, or willfully destroy or deface any
punished. ballot, or willfully delay the delivery of any ballots,
shall be punished by a fine of not less than one hundred
dollars (Poo), and not exceeding one thousand dollars
($t,000), or by imprisonment in the penitentiary not less
than one year and not exceeding five years, or by both
fine and imprisonment.
Wilfulobstruc- SEC. 3o. Any public officer upon whom a duty is
tion or negli- imposed bythis act who shall willfullyneglect to er-
gence of offi- l� g p
cers punished. form such duty, or who shall willfully perform i t
in such a way as to hinder the object of this act,
or shall disclose to any one except as may be ordered
by any court of justice, the contents of any ballot, as to
the manner in which the same may have been voted,
shall be punished by a fine of not less than five dollars
($5) nor more than one thousand dollars ($I,000) or
by imprisonment in the penitentiary for not less than
one year, and not exceeding five years, or by both fine
and imprisonment:
Three thou- SEC. 31. It shall be the duty of the secretary of state,
sand copies of with the aid and advice of the attorney general, to cause
law printed rn
pamphlet. three thousand copies of this act to be printed immedi-
Contents of
ballot not di-
vulged.
LAWS OF IOWA. 95
ately, in pamphlet form, with all necessary forms and
instructions, to assist election officers to carry it into ef-
fect, and to distribute the same among the county au-
ditors of the several counties of the state.
SEC. 32. At all elections to which this act applies, ing Hours
polls shall be opened at eight o'clock in the morn -.open.
ing, and shall be closed at six o'clock in the evening,
but may be held open until eight o'clock in the evening
provided a proclamation was so made at the time of the
opening of the polls.
SEC. 33. It shall be the duty of the board of super-
visors of each county at their June meeting after the
passage of this act, to select two newspapers, one from
each of the two political parties casting the greatest
number of votes for governor at the election in 1891, in
which this law shall be published; provided, that the
payment for such publication shall be fixed by said board
of supervisors, but in no case shall it exceed the sum of
thirty dollars to each newspaper publishing the same.
When the board of supervisors has selected the news-
papers in which the law shall be published, it shall be
the duty of the county auditor to certify such action to
the secretary of state, who shall at once furnish to each
of said papers a copy of the law, and upon" the receipt
by the secretary of state of a copy of said paper with an
affidavit of the publisher, or business manager, that the
law was published in each and every copy of said paper
on a certain date (which shall not be later than thirty
days after its receipt from the secretary of state), the
secretary of state shall certify the amount fixed for pay-
ment for the publication of this law in said paper to the
state auditor who shall draw his warrant on the state
treasurer for the sum` named; provided, that the non -
publication of this law, as herein provided, shall not in-
validate the law.
SEC. 34. That the provisions of this act shall not ap-
ply in so far as they may conflict with chapter 71, Acts
of the Seventeenth General Assembly, relating to the
election of township assessor and road supervisors.
SEC. 35. All acts or parts of acts inconsistent with Repealing
the provisions of this act are hereby repealed. clause.
Approved April 2, 1892.
Two news-
papers selected
in which law is
to be published
Compensation
;Ito exceed
Newspaper
certified by
county auditor
Auditor of
state draws
warrant on cer-
tificate of sec-
retary of state.
Law not appli-
cable in cer-
tain cases.
r
96
II. F. 7s.
LAWS OF IOWA.
CHAPTER XIV.
PAVING, CURBING AND SEWER CONTRACTS.
AN ACT Making further provisions with respect to con-
' tracts by cities organized under special charters for
paving and curbing streets, and the construction of
sewers and the making and collection by such cities of
assessments and the issuance of bonds or certificates
by such cities to pay for such improvements.
Be it enacted by the General Assembly of the Stale of
Iowa:
Special charter SECTION I. That all Cities in this State organized
cities. and existing under Special Charter, shall have all the
powers and be subject to the provisions of this act.
SEC. 2. When the Council of any such City shall di-
rect the paving and curbing of any street or streets, or
the construction of any sewers, such Council or the
Board of Public Works, in case such Board shall exist,
shall make and enter into contracts for furnishing ma-
terials, and for the curbing paving surface with any com-
position patented or otherwise or sewering as the case
may be, either for the entire work in one contract or
parts thereof in separate and specified sections as to them
may seem best.
Contracts, how SEC. 3. All such contracts shall be made by the
made.
Council or the Board of Public Works, when such Board
shall exist, in the name of the City, and shall be made
with the lowest bidder or bidders upon sealed proposals
after public notice for not less than ten days in at least
two newspapers of said City, which notice shall state as
nearly as practicable the extent of the work, the kind of
materials to be furnished, when the work shall be done,
and at what time the proposals shall be acted upon.
SEC. 4. Each contractor shall be required to give
bond to the city with sureties to be approved by the
Council, or by the Board of Public Works where such
board shall exist, for the faithful performance of the
contract, and the Council of such Board shall have power
to institute suit in the name of the City to enforce all
such contracts.
SEC. 5. It shall be the duty of the City Engineer to
furnish the Council or Board of Public Works, in case
such Board shall exist, with proper grades and lines,
Contract for
material.
Contractors'
bond.
Engineer,
duty of.
LAWS OF IOWA. 97
and see that the work is done in accordance with the
ordinances and regulations of the City, with respect to
said grades and lines.
SEC. 6. For the purpose of providing for the pay- Payment of for
ment of the cost and expenses of any such improvement costs.
or improvements, the, Council or Board of Public Works
in case such Board shall exist, shall be authorized from
time to time as the work progresses, to make requisi-
tions upon the Mayor of the City, for the issue of bonds
of the city in such sums as shall he deemed best, and it
shall be the duty of the Mayor to make and execute Bonds to issue.
bonds accordingly in the name of the City, to an amount
not exceeding the amount of the contract price of any
such improvement and the incidentals attending the
same. Said honds shall bear the name of the place or
places improved, and shall be signed by the Mayor and
countersigned by the City Clerk, or City Recorder as
the case may be and sealed with the corporation seal of
the City, and shall all bear the same date and be paya—
ble seven years after date, and be redeemable at any time
at the option of the city and shall bear interest at the
rate of not exceeding six per cent. per annum, payable
semi annually.
SEC. '7. When such bonds shall have been issued by b gis ration of
the Mayor and sealed with the corporation seal of the
ds.
city, they shall be delivered to the City Clerk or city re-
corder as (he case may be, who shall register them in a
book to be kept for that purpose and countersigned and
then delivered to the Committee or person authorized to
negotiate the same, taking receipt therefor.
SEC. 8 Said Committee or person authorized to ne- Sale of bonds.
gotiate said bonds, shall negotiate the same in such man-
ner as they, or he may deem best and for such prices as
may be obtainable for the same not less the par, and
shall pay all moneys received therefrom to the treasurer
of the city, and report to the city clerk or city recorder
as the case may be the number of bond- sold, and the
amount received, therefor, and before delivering the same
to the purchaser said bonds shall be countersigned by
the person or Committee authorized to negotiate the
same.
SEc. 9. All moneys received by the City Treasurer Fund, sale of
from the sale of said bonds shall be kept by him in a bonds.
separate fund, and paid out on requistion of the Council
accompanied by affidavit of the City Engineer, that work
has been done or material furnished to the amount of
G
98
LAWS OF IOWA.
said requisition, and that it is required for the payment
of the same, and all moneys received by said treasurer
shall be kept in the same manner and subject to all the
regulations regarding other mnoey of the city, except
he shall keep a separate account of same and all interest
received upon the same shall be credited to such fund.
Cost of im• SEC. to. When any such improvement shall have
provement as- been completed sensed to abut- p
com it shall be duty of the Council to ascer-
ting property. tain the entire cost of the improvement and also what
portion of such cost, may be by law assessable on adja-
cent property and the portion of such cost so assessa-
ble, shall then be assessed as provided by law, or by or-
dinance of such city upon the property fronting, or
abutting on said improvement. Whenever any street
railway may have been constructed and -shall remain
upon any street which the Council may direct to be
paved, at the time when such direction shall be given ;
Street railways and when the owner of such street railway may be bound
to pave any portion of said street by any action of the
city under Section 1 of Chapter 16 of the Acts of the
22nd General Assembly, or by virtue of the provis-
ions or conditions of any ordinance of the City un-
der which said street railway may have been con-
structed or may be maintained, and if the owner
shall fail or refuse to comply with the order of the Cuun
cil to do such paving, then the portion of the cost of
paving such street, assessable upon such street railway,
shall be ascertained, and shall be assessed against such
street railway.
Plat of territory SEC. 11. The Council shall cause a plat to be made
improved. and filed with the City Clerk or city recorder as the case
may be for Public inspection of the place or places on
which such improvement shall be made showing, the
separate lots or parcels of ground, subject to asssess-
ment for such improvement, (and the names as far as
practicable of the several owners, and the amount to be
assessed against each lot or piece of ground, and if such
improvement shall be the paving of any street, said plat
shall also show any and all street railway tracks thereon,
and the amount, if any, to be assessed against such
street railway, and shall after the making and filing of
said plat as aforesaid, cause to be given ten days pub-
lic notice in two daily newspapers. published in such city
that such plat is on file in the office of the City Clerk,
or city recorder, as the case may be, for the inspection of
any person or company inter ested therein, and that any
such person or company having any objection to the
LAWS OF IOWA. 99
same or thcax proposed to be assessed thereby, shall
file with the said City Clerk or city recorder, as the case
may be, his or their objections in writing, at or before
the next meeting of such Council, after the publication
of such notice, that such Council at such meeting, or as
soon thereafter as practicable and after hearing and
deciding upon any objection so filed, if any, and after Hearing objec
making all necessary corrections in the assessment as
proposed by said plat, shall assess and levy as a special
tax upon the property of each owner, liable, to special
assessments as aforesaid, its just and true proportion ac-
cording to law, and according to said assessment pro-
posed by 'said plat as corrected and approved of the
amount to be specially assessed for any such improve-
ment, said assessment shall be duly entered on the prop-
er tax books of such city, anti shall be payable at the
office of the City Collector of said city, or other officer
authorized to collect city taxes in seven equal install- Payable in in-
ments with interest at the rate of six per cent. per an- staumentsth inter
wiest.
num, from date of the assessment upon the unpaid por-
tion thereof, the first of which with interest on the
whole amount at six per cent. per annum, shall be pay-
able on and after the date of such assessment, as afore-
said, and the other annually, after the date of such as-
sessment and said assessment shall be collected like
other special taxes, as may be provided by the ordinance
of such city.
Provided, that when the whole or any part of the cost
of constructing any sewer, shall be required by ordi-
nance of any city to be paid by the proceeds of a sew-
erage tax, to be levied upon all the property of such
sewer district, according to valuation, that said city
shall have the power to levy the entire cost of such Entire cost of
sewer, required to be paid by such sewer district, and ie erdrnay be
determined by ordinance or resolution the whole per-
centage of tax, necessary to pay such cost, and the per-
centage to be paid in any one year, and when the same
shall becomedelinquent and such taxes shall be entered,
and payable and collectible as other special taxes in this
chapter provided for; and said city shall have the right P a aefo Pro
to issue bonds in anticipation of the payment of such
taxes, in the same manner, and with the same effect as
herein provided for bonds issued for taxes levied upon
specified abutting property.
SEC. 12. Said assessment with interest accruing Assessments
thereon, shall be a lien upon the property abutting upon
iiennteresta
the street or streets on which any said improvement is
100 LAWS OF IOWA.
Assessment
may be paid
at any time.
Same rights to
street railways.
made, or upon such improvement, or the entire property
upon which such tax is levied, from the commencement
of the work, and shall remain a lien until fully paid, and
shall have precedence over all other liens except ordi-
nary taxes, and shall not be divested by any judicial
sale, provided that such lien shall be limited to the lots
or lands bounding or abutting on such street or streets,
or on such improvement and not exceeding in depth
therefrom r5o feet. Any assessment against any street
railway for the paving of any street shall be at first and
paramount lien upon the entire track of said street rail-
way in the limits of the city making such assessment.
SEC. 13. The owner of any property against which
an assessment shall have been made for the cost of any
such improvement, shall have the right to pay the same
in full, with interest thereon at six per cent per annum,
from the time said assessment was made, or after having
paid one or more of said seven installments, and inter-
est, he may at any time pay in full the balance of his as-
sessments remaining unpaid, with interest thereon at six
per cent. per annum, from the time when the preceding
payment becomes due, and such payment in full shall
satisfy and discharge the lien upon said property, and
any owner of such property. who shall divide the same
so that the feet front on any such improvement are di-
vided into separate lots or parcels may discharge the
lien in like manner upon any one, or more of such lots
or- parcels by payment of the amount unpaid thereon
calculated, by the ratio of feet front of such lot or lots
or parcel or parcels to the feet front of the whole lot. If
any assessment shall have been made against any street
railway for the paving of any street, the owner of said
street railway shall have the same rights as are herein -
before provided to pay in installments, or to pay in full,
the assessment against the street railway; but no part of
the line of said street railway shall be released from the
lien for any portion of any unpaid assessment .which
may have been made against it for paving any street as
aforesaid.
Use of money SEC. 14. All moneys received from assessments shall
received. be appropriated to the payment of interest or payment
and redemption of the bonds, or of the certificates herein-
after provided for as the case may be, that shall be issued
for such improvements, and if any interest shall become
due on any of said bonds, when there is nofund to pay
the same, the Council shall be authorized to make a
temporary loan for the payment thereof.
LAWS OF IOWA. 101
SEC. 15. If, by reason of the prohibition contained in cases prohib-
Sec. 3, Article r r , of the Constitution of this, State, it to ony consti-
shall at any time be unlawful for any such city to issue
bonds as by this act provided, or for any other reason
or reasons at the discretion of the council it shall be law-
ful for such city to provide by ordinance for the issuance
of certificates to contractors, who, under contract with
the city, shall have constructed any such improve-
ment in payment therefor, each of which certificates shall
state the amount or amounts of one or more of the as-
sessments, made against any owner or owners, and lot
or lots, or street railway, on account of and for payment
of the cost of any such improvement, and shall transfer
to the contractor and his assigns, all of the right and in-
terest of such city to, in and with respect to every such
assessment, and shall authorize such contractor and his
assigns, to receive, sue for, collect or have collected
every such assessment, embraced in any such certificate
by, or through any of the methods provided by law, for
the collection of assessments for local improvements in-
cluding the provision of this act.
SEc. 16. Whenever the owner or owners of any lot Agreement in
or lots, or any street railway, the assessment or assess- writing to pay.
ments against which is or are embraced in any such cer-
tificate, shall severally promise and agree in writing en-
dorsed on such certificate, that in consideration of hav-
ing the right to pay his or their assessment or respective
assessments in installments, they will not make any ob-
jection of illegality or irregularity as to their respective
assessments, and will pay the same with interest thereon,
at such rate not exceeding six per cent. per annum, as
shall by ordinance or resolution of the City Council of
such city be prescribed and required, he or they shall
have the benefit and be subject to all the provisions of
this act authorizing the payment of assessments in an-
nual installments, relating to the lien and collection and
payment of assessments so far as applicable.
SEc. 17. Any owner of any lot or lots, or any street Fai1u tp n
railway assessed for payment of cost of any such im- writing.
provement, who will not promise and agree in writing
as provided by Sec. 16 hereof, shall be required to pay
his assessment in full when made, and the same shall be Must pay in
collectible by or through any of the methods provided full.
by law for the collection of assessments for local im-
provements including the provisions of this act.
SEC. 18.- Any mistake in the description of the prop- Mistakes.
Repealing
clause.
102 LAWS OF IOWA.
erty, or in the name of the owner, shall not vitiate the
lien.
Owners must SEc. 19. The Council of any such city shall not have
petition. the right to authorize any improvement under this act,
unless the owners of a majority of the feet front of the
property abutting upon the street or streets to be im-
proved, or any such improvement shall petition therefor,
or unless the same shall be voted for by three -fourths of
the members of the Council.
Parts or street. SEC. 20. Any part of any street may be improved
under this act, as well as an entire street.
SEC. 21. All acts and parts of acts in conflict with
this act, are hereby repealed, provided, nothing herein
contained, shall be construed as prohibiting or prevent-
ing such cities from making special assessments to pay
for the construction of sewers upon adjacent property,
according to area, or from paying for such construction
by any method of assessment, or any combination of
methods now provided by law.
Approved April ro, 189o.
ACTS OF
Twenty -Fourth General Assembly.
CHAPTER IV.
BOARD OF PUBLIC WORKS IN SPECIAL CHARTER CITIES.
AN ACT granting additional powers to cities organized S. F. 38.
under special charters.
Be it enacted by the General Assembly of the Slate of
Iowa :
SEC rroN i That all cities organized under special Additional
charter in this State, in addition to the now powers i owers to spe-
vial charter
granted, shall have the further and additional powers cities.
conferred by this act, as follows, to -wit :
They shall have power to establish a board of public Boardof pubworks which shall consist of such members as the city
council may by ordinance prescribe. And the officers
and members of such board of public works shall be ap-
pointed in such manner and for such length of time, and
shall possess such qualifications, receive such compensa-
tion, be removable for such causes, possess such powers,
perform such duties and be governed by such rules and
regulations as the city council may lawfully from time to
time prescribe by ordinance.
A\ ACT OF CO\CRESS
OF THE UNITED STATES.
LAYING OFF THE TOWN OF DUBUQUE.
AN ACT for laying off the towns of Fort Madison and Burlington,
in the County of Des Moines, and the towns of Bellevue, Du-
buque and Peru, in the County of Dubuque, Territory of Wis-
consin, and for other purposes.
SECTION I. Be it enacted by the Senate and House of Represen-
tatives of the United States of America, in Congress assembled :
That the tracts 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, in the county of Dubuque ;
and Mineral Point, in the county of Iowa, shall, under the direction
of the Surveyor General of the public lands, be laid off into town
lots, streets, avenues, and the lots for public use called the public
squares, and into out -lots, having regard to the lots and streets al-
ready surveyed, in such manner and of such dimensions as he may
think proper for the public good and the equitable rights of the set-
tlers and occupants of said towns : Provided, The tracts of land
so to be laid off into town lots, etc., shall not exceed the quantity
of one entire section, nor the town lots one-half of an acre; nor shall
the out -lots exceed the quantity of four acres each. When the
survey of the lots shall be completed a plat thereof shall be returned
to the Secretary of the Treasury, and within six months thereafter
the lots shall be offered to the highest bidder, at public sale, under
the direction of the President of the United States, and at such
other tithes as he shall think proper : Provided, That no town lot
shall be sold for a sum less than five dollars. And, provided, fur-
ther, That a quantity of land of proper width, on the river banks, at
the towns of Fort Madison, Bellevue, Burlington, Dubuque and
Peru, and running with the said rivers the whole length of said
towns shall be reserved from sale (as shall also the public squares),
for public use, and remain forever for public use, as public high-
ways and for other public uses.
ACTS OF CONGRESS. 105
SEC. 2. And, be it further enacted, That it shall be the duty of
the said surveyor to class the lots already surveyed in the said towns
of Fort Madison, Burlington, Bellevue, Dubuque, Peru and Miner-
al Point, into three classes, according to the relative value thereof,
on account of situation and eligibility for business, without regard,
however, to the improvements made thereon; and previous to the
sale of said lots as aforesaid, each and every person or persons, or
his, her or their legal representatives, who shall heretofore have ob-
tained from the agent of the United States a permit to occupy any
lot or lots in the said towns, or who shall have, by building or en-
closure, actually occupied' or improved any lot or lots in the said
towns, or within the tracts of land hereby authorized to be laid off
into town lots, shall be permitted to purchase such lot or lots by
paying therefor in cash, if the same fall within the first class as
aforesaid, at the rate of forty dollars per acre ; if within the second.
class, at the rate of twenty dollars per acre; and if within the third
class, at the rate of ten dollars.per acre : Provided, That n) one of
the persons aforesaid shall be permitted to purchase, by authority
of this section, more than one acre of ground to embrace im2rove-
ments already made.
SEC. 3. And, be it furrer enacted, That the sum of three thou-
sand dollars be, and the same is hereby appropriated, to be paid
out of any money in the treasury not otherwise appropriated, to
defray the expenses of surveying the lands covering the said towns
of Fort Madison, Burlington, Bellevue, Dubuque, Peru, and Min-
eral Point.
Approved July 2, 1836.
AN ACT to authorize the constituted authorities of the City of
Dubuque, in the State of Iowa, to enter certain islands between
the landings of said city and the main channel of the Mississippi
river.
Be it enacted by the Senate and House of Representatives of the
United States of America, in Congress Assembled, That the consti-
tuted authorities of the City of Dubuque, in the State of. Iowa, be,
and they are hereby authorized, to enter the islands in the Missis-
sippi 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 eighty-nine north, range
two east, at the minimum price of the public lands.
Provided, Said entries shall be made within six months from the
passage of this act.
Approved March 3, 1847.
106 ACTS OF CONGRESS.
•
AN ACT for the relief of the town of Bellevue and the cities of
Burlington and Dubuque, in the State of Iowa.
SEC. 2. And be it further enacted, That there shall be and here-
by is granted to the cities of Burlington and Dubuque, in Iowa, the
land bordering on the Mississippi river, in front of said cities, re-
served by the act of second July, eighteen hundred and thirty-six,
for public highway, and for other public uses, together with the ac-
cretions which may have formed thereto, or in front thereof ; to be
disposed of in such manner as the corporate authorities of said
city may direct.
SEC. 3. And, be it further enacted, That the grant made by this
act shall operate as a relinquishment only of the right of the United
States in and to said premises, and shall in 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 cities to the Commmissioner of
the General Land Office, a patent of relinquishment, in accord-
ance 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 Dubuque, heretofore set apart and used by the
authorities of said city, as a cemetery or burying ground, under the
act of Congress of the second of July, eighteen hundred and thirty-
six, entitled "An act for laying off the towns of Fort Madison and
Burlington, in the county of Des Moines, and the towns of Belle-
vue, Dubuque and Peru, in the county of Dubuque, Territory of
Wisconsin, and for other purposes" ; and the act of the third of
March, eighteen hundred and thirty-seven, amendatory thereof, be
and the same hereby is granted to the Common Council of the said
City of Dubuque, to make such disposition of the said land, in-
cluded in said cemetery or burying ground, as that Common Coun-
cil may deem proper.
Approved February 14, 1853.
Accountant of City—City+Auditor shall be
Additions to City —Must be approved by Council
Plats of must be submitted by owner
Failure to complya misdemeanor
Alleys in Block 20, D H. Imp. Co. vacated
Alleys, Streets, Etc —Opening of (see streets, alleys, etc.) 91
Improvement of
Excavation of
Vacation of....
Obstruction of
Allen, Wm. L. and T. O. Swiney—(Dubuque Electric
Railway, Light and Power Co.)
Franchise for Electric Street Railway granted
Location and Route of Railway
Kind of Power, Erection of Poles, etc., regulated
Kind of cars used, speed of, tracks laid to: grade
Tracks in center of street, not to obstruct travel, snow
to be removed
Kind of rail, gauge of tracks
Grantees to pay for any macadamizing between tracks,
and one foot outside, and conform to any change of
grade
Crossing of gutters, hours of running cars
May use city fire alarm poles city may use poles of
grantees
Rates of fare, city may appoint electrician
Shall give transfer checks, regulation of
Use of tracks by other street railways
Cars of grantees shall have right of way on street
i Time of construction limited
Shall be liable for damages and indemnify city
Acceptance of franchise, to continue 25 years
Subject to police regulations
When franchise to take effect, deposit of $i0,000
x
NO. 1.
INDEX TO ORDINPiNCES.
(See index No. a for City Charter, Laws of Iowa and Acts of Congress.) SECTION.
42 1
44,
442
442
447
96-105
116-117
94 ,
133
322
323
323-324
2-3
324 4-5-6
324
325
325
325
326
326
327
327
328
328
329
329
329
330
7
8
9-10
11-12
13
14-15
16
17
18
19
20
21-22
23
24
INDEX TO ORDINANCES.
PAGE. SECTION.
Allen, W. L. and T. O. Swiney---(D. E. R'y., L. and Power
Co.)
Authority to erect an electric light and power station 33o
Erection of poles and wires regulated 331
Grantees not to obstruct streets and repair all damages331
Liable for damages, rights, to continue 25 years. 332
Subject to police regulations, to be in operation within
one year 332 6-7
Acceptance and taking effect of grant, deposit 333 8-9
City may require wires to be placed under ground 333 io
Furnishing of light to public, appointment of electrician333 11-12
Duties of electrician 333 12
Amusement, Places of —regulated
Water closets �57
Animals, Cruelty to —Defined, penalty for 155
Animals —Restrained from running at large 242
Inspection of, when intended for human food (See meat
inspection)
Appeals —To Council, from action of Assessor. (See taxes.)
From assessment of damages by jury, for opening streets.
From Board of Equalization. (See taxes.)
Appraisements of Damages
For taking ground for opening of streets, etc 92-93
For change of established grade 89-90
For taking ground for drains or water courses 418-419
Apportionment of Funds and Appropriation.
Council shall make annually on first session in April
Recorder shall transmit copy of resolution to Auditor
Appointments by Council.
Of assistant assessor - 200
Of assistant city engineer 47
Of city electrician 342
Of city engineer 46
Of harbor master 52
Of hay weigher 66
Of hog weigher 65
Of health physician 236 7
Of inspector of weights and measures 54
Of marshal, city 36
Of market master 57
Of meat inspector 23o-231 6
Of sewer inspector 434 30
23o
179
94
178
457
457
2
3
4-5
3
27
9
26
4-5-6
7-8
2-3
4
5
INDEX TO ORDINANCES.
III
PAGE. SECTION.
Appointments by Council —Continued.
Of sidewalk commissioner '
5o
Of street commissioner 49
Of wood measurer 68
Arlington Street —Name changed to from,Walnut z67
Assessments —For municipal taxation (see taxes) 170
Assessment Committee —Of Council, duties of 178
Assessments, Special - For street improvements, 98-too-tot-IO9-I IO-II1
428
too-126
17I
For construction of sewers
For laying and repairing sidewalks
Assessor, City —Duties of (see taxes)
Attorney, City —Duties of.
Who eligible
To prosecute and defend all suits for city
To advise Council and committees
To keep a docket of city cases
Attend to all other legal business of city
Make annual report to Council
Auctioneers —Must obtain license
Amount of license, bond
Make monthly sfatement of sale
Shall not cause obstruction of sidewalks
Auditor, City —Is general accountant of city
Duties of
To audit and adjust all claims against the city
To keep all accounts between city and other parties
To countersign and register all warrants
To deliver all warrants to parties entitled
To keep account in bill book of all bonds and other obli-
gations of city
To keep account between city and Treasurer
To keep separate accounts with different funds
To certify to Council balances due from any officer
To permit members of Council to examine books
To see that all officers make due report of collections..
Office hours for business
Banks and Banking Associations (See Taxes)
Shares of included in assessment for taxation.
Bars, Gates and Viaducts —City may require.
Resolution shall specify crossings —Notice to R. R. Co
Basket Factory —Lease of ground for, to George Dee
Bathing —Exposure of person —Penalty.
46
45
45
45
45
46
77
77
77
78
42
43
43
43
43
43
43
43
44
43
43
43
44
2
25
7
8
Ea•
8r
3
4
4
5
6
176 19
406 1
406 2-3
412
152
ry • INDEX TO ORDINANCES.
Bell Street —Vacation of, between blocks 8 and 9, Dubuque
Harbor Improvement Company's Addition
Betting and Gaming —Prohibited —Penalty
Keeping gambling house or room
Bids —For street and other improvements
Billiard Tables and Bowling Alleys —Licensed
Amount of license
Minors not allowed to frequent, penalty
Births —Registration of —Physicians and midwives to report
Blasting Within City Limits —Regulated
Board of Health -Under Chapter CVI, Acts of ,8th G A.
(Appendix) —Who constitute
Shall have general supervision over health of city and full
power to do all acts necessary to promote the same
To abate nuisances
In contagious diseases, shall provide hospital. .. .
Shall post up notices, with name of disease thereon, on
houses where cases exist
Attending physician shall report contagious diseases
Marshal and street commissioner shall obey orders of
board
Health officers, duties of
Health officer stationed at hospital, duties of
Steamboats upward bound, not to land, when.
Steamboats bound downward, not to land, when....
Penalty for bringing into city persons infected with
cholera
Hospital for cholera, patients, duties of attending health
officer
Boats, Rafts and Barges —(See public landing), wharfage.
Boat Landing —For steamboats (see public landing)
Board of Equalization —Appointment of (see taxes),
Boarding Houses —License of
Bonds, Official —Bond book, qualification of officers
Bonds —Issued to pay for street improvements (see streets)..
Booth and Stout —Granted right of way for railway track..
From Bridge Co.'s track to outer levee on main river...
Books, Obscene —Selling of,. giving or offering for sale pro-
hibited, penalty
Breaking Street Lamps —Lamp posts, telegraph or tele-
phone poles, or wires, penalty for
PAGE.- SECTION.
269 1I
233 1
233 2
97_.105
81 12
SI 12a
81 124
262 1
153 1
234 1
234 2
234 2
235 3
235 4
236 4
236 5
236 7
236 7
237 10
237 11
237
12-13
238 14
52 2
52 3
178 Z5
'86 1
25-26-27
ro6
373
373
147
148
4
INDEX TO ORDINANCES,
PAGE. SECTIOii.
Bridges —Franchise to Dubuque Pontoon Bridge Company
1
(See high bridge) 399
Franchise to Dunleith and Dubuque Bridge Cp 364
Bridges —Fast driving over, prohibited, penalty for.. 255
Brokers —License of 79 9
Boundaries —Of city (see charter of city, page 3 of appendix)
17-18-19
20-21-22
Of wards
Of precincts
Brick Walls —Thickness and construction of regulated 221-222
BuildingsPermitsfor erection of, plans to be filed 225
Buildings, Public —Doors of, fire proof . drop curtains in
theaters
Buildings, Dangerous —(See dangerous buildings
Burial Permits —Must be obtained before burial
Not issued by Recorder until filing of death certificate
Burch Street —Width of sidewalk regulated
Butchers —License for sale of fresh meats 59 (Sec.
Butchering of Animals —Within city limits prohibited, pen-
alty
Calaboose, City Prison —Designated
Camp Street --Vacation of
Camphene—Manufacture and storage of. (See inflammable
oils)
Cancellation —Of taxes due prior to the year 1871
Canal Street —Vacation of, from Iowa to Warren street
Carr, Ryder 6c Engler --Granted authority to build arch over
alley
Carriage, Hacks and Cab Fares —Regulated
Cattle —Restrained from running at large
Not slaughtered within city limits
Cellars— Permitting them to become foul or nauseous prohibi-
ted, penalty
Cemeteries —Sexton of, to require burial permit
Central Market —(See markets)
Cess Pools —Owner to remove contents, when notified by
health officer
Chamberlain, S. and Others— (See Dubuque Water Co)
grant to
Charges against City Officers —By whom prepared
Shall be sworn to, and shall specify acts charged
Council shall hear and determine
City Attorney shall conduct prosecution
If found guilty, officer may be removed or expelled
218
218
262
262
259
8)-61
226
260
348
213
. 202
442
11-13
21
1-5
3
3
7
17-18
1
12
2
1-2
448
8o In
242
226
227
263
57
438
245
73
73
72
73
72
3
3
3
2
4
1
INDEX TO ORDINANCES.
PAGE. SECTION.
Change of Grade —Engineer to prepare profile of established
grade, and of proposed change 88 3
Recorder to give 5 days notice of proposed change 88-89
Council may change if no claim filed 89
If claim for damages made, Council shall appoint three
Commissioners to assess damages 89 7
On return of award, Council may affirm or annul 90 8
If confirmed, order shall be entered and change recorded 90 8
All claims to be in writing and specify property damaged 90 9
Charges for Hauling —Regulated. 8o Ira
Chief of Fire Department —Duties of —(See Fi.e Dept).. 203
Chimneys and Flues —(See Fires). 215, Sec. 1 224
Charivaris Prohibited 152
Circus, Menageries, Etc —License of 84
City Attorney —Duties of. (See Attorney) 45
City Auditor —Duties of. (See Auditor) 42
City Assessor —Duties of. (See Assessor) 169
City Council —Constitute Board of Health 234
City Engineer —Duties of. (See Engineer) 46
City Elections —(See Elections) 22
City Marshal —Appointment of 36
Duties of. (See Marshal) 37
City Police —Duties of. (See Police) 158
City Property —Listed and Scheduled 27
City Recorder —Duties of. (See Recorder) 31
City Treasurer —Duties of. (See Treasurer) 41-18o
City Scales —Regulated. (See Public Scales) 66
Coal —Must be weighed before sale 63
Collection of Taxes —(See Taxes) 169
Commissioner —Street. (See Street Commissioner)49
Commissioner —Sidewalk. (See Sidewalk Commissioner)5o
Commissioners —To assess damages for change of grade88 7-8
To assess damages for drains and water courses 418 2
Commercial Street —Vacation of 443-444
Committees of Council —May make contract (see deeds
and releases)
Committee on Finance (see Treasurer.)
Committee on Sewers (see sewerage system.)
Compensation of Jurors
Concerts —License of 84
Conductors to Eave Spouts —Regulated - 154
Conductors on Street Cars —Make special police officers,
duties of 304
240
41
427
258
4-5
6
19
28
16
2
2
I-2
1
31-84
30
2
6
7
16
INDEX TO ORDINANCES.
Connections —With gas, steam, sewer and water pipes, ex-
cavations for
With sewers; Council may compel to be made
Cooper and Linehan —Granted, authority to construct sewer.
Contagious Diseases --See Board of Health
Contracts —Mayor to sign,
Committee of Council may make, when
How let for street improvements
Payments on account of, 102 (Sec. 2.)
Superintended by Street Comthissioner
Superintended by City Engineer
Chicago, Milwaukee & St. Paul Railroad Co. —Right of
way granted
As successor of the C. C. Dubuque & Minnesota R. R
Co., and Bellevue & Mississippi R. R. Co.; route and
location of line
Rights to use part of Front street for depot purposes
Chicago, Burlington & Northern Ry. Co. --Right of way
granted to
Additional right of, way granted to, and cession of
ground for passenger depot
Corporate Seal —Adopted
Cows —Restrained from running at large
Cruelty to Animals —Defined, penalty for
Curb StonesTopof to correspond to grade of street
Damages —For opening streets, alleys,' etc. (See Streets and
Alleys)
Caused by change of grade. (See Change of Grade)
For taking real estate for straightening or wideniug drains
and water courses
Dancing Halls—Regtilation of —Water closets provided
Dangerous Buildings and Walls —To prevent erection of.
Dead Animals —Penalty for casting or leaving in street, alley,
water course or other place
Deaths —Registration of —Physician to report to Recorder.
Dee, George —Lease of City real estate for basket factory
and lye works
Period of lease and conditions
Deeds, Releases and Contracts —By whom executed
When authorized by Council, committees may contract
Depot Grounds —Grant to C., M. & St. P. R. R. Co
Grant to C., B. & N. R'y Co. for passenger depot
VII
PAGE. SECTION.
I17
435
421
235
3o
24o
97-105
113
49
112
360
360
361
381
390
17
242
148-149-155
99-125
92-93
88
418
�57.
218
227
262
4 12
413
240
240
361
390-391
3
5
2
3-4
19
2-3
i8
2
2
7-2
3-4-5
2
2
v1II INDEX TO ORDINANCES.
PAGE. SECTION..
Deputy Marshal —May be appointed by Marshal 39 4 ,
Discharge of Fire Arms —Penalty for 150 20
Disturbing Lawful Assemblages —Penalty 152 26
Disturbing the Peace —Penalty 146 I-2
Disorderly Conduct -Penalty 147 3
District, Fire —Defined. (See Fire Limits) 209 I
Diseases, Contagious —Attending physician required to re-
port 263 6
Diseased Animals and Meat --Sale of for human food pro-
' hibited 151 22
Dogs —Owner must obtain license 241
Diamond Jo Line —Authority granted to erect warehouse and
occupy part of levee. therefor 407
Dress —Of police„ regulated 164
Doctors —Traveling, license of, regulated 82
Drains and Sewers —Obstruction of
Directors of Dubuque Pontoon Bridge Co —Mayor shall
be one 402 8
Drays, Wagons, Trucks, Etc —License of, regulated 8o rI
Must be numbered •8r IIL
Width of tires of wagon wheels, regulated 121 1
Rates of charges for hauling 80 IIa
Drunkeness—In streets or public places 146 2
Dressed Hogs —Weighing of, required and regulated 65 1-2-3
Driving—dll sidewalks prohibited, penalty 136 to
Driving Fast —On streets and alleys, 'penalty.
Over bridges, penalty 255
Druggists, Apothecaries, Etc —Sale by, of "Poisons" or
poisonous drugs, without being labeled, prohibited,
penalty 15o 21
Dunleith & Dubuque Bridge Co —Right of way granted364
Route of railway, speed of trains, police regulations 364
Streets and crossings to be kept in repair. 365 2
Dubuque & flinnesota Railway Co —Right of way through
city, conditions 355
Dubuque, Bellevue & Mississippi Railway Co., and Du=
buque & Minnesota Railway Co —Right of way
through city granted, location of line 358
Dubuque Lumbermen and flanufacturers Railroad Co.
Right of way for railway tracks on Jackson and Wash-
ington streets 278
Only one track on each street 278
All other persons and companies to have right of track-
age, charges therefor 279 3-4
418
149
2
INDEX TO ORDINANCES.
PAGE. SECTION.
Dubuque Street Railway Co. —Franchise granted 282
Time for construction limited 283
Tracks laid in center of street; to keep space between
rails in repair 282 3
Rates of fare; city may take up rails to lay pipes 283
May lay single or double track except on Main street283
City may make police regulations; shall not obstruct
streets 283 7-8
Running of cars regulated; grantees to repair damages283-284 9-to
Other companies may cross tracks 284 11
Additional rights granted 284
May lay double tracks on portions of Main, Clay and
Couler avenue z85
May lay tracks on First or Second streets, at its option,
and on Iowa, Third, Clay, Ninteenth and Jackson,
Lake and High streets to Eagle Point 435
Kind of rail; gauge of tracks 286
Grantees shall pay one-half expense of lowering Main
street - 286
Tracks in center of street; • shall keep street in repair be-
tween rails 287 4
Right of renewal i89 8
Additional rights granted, route defined 290
Cars shall be moved by electricity; steam or animal power
prohibited 291 2
Grantees may erect poles and wires 291 3
Kind of cars, speed, tracks laid to grade 292 4-5-6
Grantees shall keep in repair the space between rails and
_ one foot outside; tracks to conform to grade 292
Grantees shall remove snow from tracks, and haul away
from street 292 8
Kind of rails, and gauge of tracks 292 9
Grantees shall defray expense of mecadamizing or re -me-
, cadamizing between tracks, and one foot outside 293 10
Shall conform to any change in the method of paving293 it
Crossing of gutters, hours of running 293 12-13
Grantees may use city fire alarm poles, and city use poles
of grantees. 294 14
Rates of fare, city may appoint electrician, duties of 294 15-16
Other railways may cross tracks, cars of grantees have
right of way 295 17-18
Limitation of time for construction, grantees liable for
damages. 295-296 19-20
9
5
7
x INDEX TO ORDINANCES.
PAGE. SECTIONf
Dubuque Street Railway Co —Continued.
Term of franchise, acceptance, police regulations 296-297 21-22-23.
Forfeiture clause, taking effect of ordinance
Additional right granted to extend line on Couler Avenue
to north boundary of city
Restrictions and conditions on other portion of the line, to
apply to extension, hours of running.
Rates of fare 300
Extension to be in operation by May ist, 1892 300
Acceptance 300
Additional right for double track on Jones street 3O1
Conditions to be same as on other portions of line 30I 2
Authority to lay additional track on Clay street from 13th
to 15th street 303
Conductors and other employes on Dubuque street rail-
way made special policemen 304
Conduct and language of persons on or about the cars and
buildings of company, regulated 304 2
Dubuque Street Railway Co —Authorized to erect an Elec-
tric Light and Power Plant 305
Poles and wires regulated —Grantees shall not obstruct
streets 306 2-3
Shall be liable for damages —Term of franchise 25 years 306
Police regulations —Plant must be in operation within one
year. 306 6-7
Additional conditions 306-307 8-9-Io
Council may appoint Electrician —Duties 307
Acceptance • 308 11
Dubuque Pontoon Bridge Co —(High bridge)
Authority to build wagon bridge
Location of, designated
Approach to west end
City will appropriate $25,000
Bridge exempted from taxation —Limitation
City may fix rates of toll
City reserves right to purchase
Mayor ex-officio director of Bridge Co
Grantee to furnish sworn statements of business
Acceptance of ordinance by company to create a mutual
contract
Westerly approach —Police regulations
Bridge shall not be diverted to other uses
Time for construction limited —Forfeiture clause
Acceptance by grantee.
Rates of tolls of High Bridge
297 24-25
299
299
399
399
399
400
400
4o1
401
401
402
402
403
403
403
404
404
405
3
4-5
1
2
3
4
5
6
7
8
9
10
1I '
12
13
14
INDEX TO ORDINANCES.
Dubuque & Northwestern Railway Co
Right of way en Pine street
Conditions of franchise
Dubuque & Northwestern Railway —Additional rights
granted
Location of line specified
Conditions and reservations of franchise
Tracks to conform to grade, suitable culverts maintained
Grantee shall idemnify city against damages
Dubuque Steam Supply Co —Right granted to lay pipes for
conducting steam
Grantees to keep streets in repair, and restore them to good
condition
Shall be liable for damagea
Junction boxes to be flush with surface of street
Work and material subject to approval of Engineer
Dubuque Butchers Association —(Union Slaughter House)
Right to erect a general slaughter house
Shall not become a nuisance
Building sha"-be according to plans submitted
Shall afford ample facilities
Rates of charges for slaughtering
Council may impose further restrictions
Dubuque Provision and Packing Co —Franchise granted
Authority to build and maintain slaughter house
To be so managed and conducted as not to create a nui-
sance
Buildings to be erected in accordance with plans submit-
ted
Charges for slaughtering, for persons not members of Co.
Council may impose additional requirements
Dubuque Water Co —(See franchise to S. Chamberlain and
others.) Authority to construct, maintain and operate
water works
Shall not unnecessarily obstruct streets and alleys
Shall keep streets and alleys in repair and restore to good
condition
Shall furnish ample supply of water to City Council for
fire purposes, and put in hydrants as ordered by City,
and maintain them in good repair, and protect from
freezing
Rates of charge for hydrants, and for water to private
consumers
XI
PAGE. SECTION.
376 1
376 1
377
378
378
38o
381
416
417
417
417
418
344
345
_ 346
346
346
346
352
352
353
353
354
354
245
246
246
246
247
2-3
2
3-4
5
2
3
6
3
4
5
6
3
4
5
2
S11
INDEX TO ORDINANCES.
Dubuque Water Co. —Continued.
PAGE. SECTION
May take water from "Level" —Other regulations 248 4
Shall extend water mains whenever ordered by Council249 55
Shall so construct reservoir as to avoid surface drainage 25o 7
Right of City to purchase after 20 years 7
Plant exempt from taxation until 1873
• 251
Penalty for interfering with property or apparatus of com-
251 to
pany.
Acceptance by grantees of franchise —Proclamation 251
Notice to grantees that City will purchase
252
Dubuque Electric Railway, Light and, Power Co —(See
Franchise granted to Wm. L. Allen and T. O. Swiney) 33o
Eagle Point Ferry Co —Franchise for Ferry 277
Eave Spouts —Conductors —How constructed 154
Marshal to notify owners 154
Penalty for non-compliance 154
Eating Houses, Restaurants —Licensed —Amount of
86
Elections —Judges and Clerks—Appoinment—Compensation 22
Notified of appointment 22
Opening of polls 22
Officers -elect —Required to give bonds z3
Salaries of officers —Payable monthly
23.
Neglect of duty —Penalty 24
Appointive officers —To hold during pleasure of Council
Election Precincts —Wards divided into
20
First ward 20
20
Second ward.
20
Third ward
2I
Fourth ward
21
Fifth ward
Separate poll in each precinct 21
Electors prohibited from voting except in precinct where
2I
they reside
Ordinances in conflict, repealed 21
Electric Light Franchises —To United States Electric Light 308
& Power Company
To Dubuque Electric Railway, Light & Power Company.
To Dubuque Street Railway Company 305
Electric Street' Railways —To David H. Ogden (Hill Street 311
& West Dubuque St. R'y. Co.)
To Wm. L. Allen and T. O. Swiney (Dubuque Electric
R'y., Light & Power Co.) • 322
To Dubuque Street Railway Co. (Original franchise.)
282
24
330
2
3
Ia
2
5
6
7
8
2
3
4
5
6
7
INDEX TO
ORDINANCES.
XIII
PAGE. SECTION.
Electric Street Railways —Continued.
To Dubuque Street Railway Co. (Additional rights gran-
284
ted.)
To Dubuque Street Railway Co. (Providing for Electric
Power.)
To Dubuque Street Railway Co. (Extension from Peru
road to north boundary of city.)
To Dubuque Street Railway Co. (Double track on J ones
street.)
To Dubuque Street Railway Co. (Double track on Clay
street, ,3th to 15th.)
Electrician, City —Appointment of —Duties of
Compensation of
Shall report monthly to Auditor number of miles of poles
and wires used by several companies
In case of refusal to pay, poles to be removed
Electrical Constructions for Light and Power—Regula-
tionsconcerning 33
Applications for and Permits —Kind of poles 335-3
Poles —How placed —Deposit of amount sufficient to re-
store street
Poles to be painted —Roofs not to be used without consent
of owners
Wires to be covered —Support and tie wires to be insulated
Joints, how insulated and secured —To be tightly stretched
Stringing of wires regulated 338-
Wires for lighting purposes, and arc lights regulated3
Frames of arc lights and other exposed parts insulated
from circuit
Globes to be closed at bottom to prevent falling sparks
Tests for detecting ground connections to be provided...
Standard of insulation resistance to be approved by
Council
Unused poles, wires, etc., to be removed
City Electrician to be notified of erection of any outdoor
construction
Linemen to wear badges —Fire gong in each electric sta-
tion
Council may authorize other companies to use same poles
Penalty for violation of regulations
Council may require wires to be put under ground
Electric companies shall furnish plans of wiring, etc
290 1
299 1
301 1
303
342
342 1
343 2
343 3
5 1
36 1-2
336 3-4-5
337 6-7
337 8-9
337 10-11
339
40 23-24
340 �5
340 �5
340 z6
340 �7
340 28
340 29
341 3o-31
341 32
341 33
341 34
341 35
XIV
INDEX TO ORDINANCES
PAGE. SECTION.
Eleventh Street Elevator Co —Granted right of way 457 i
Conditions of grant 457 2
How operated 458 3
Waiting rooms and location of engine 458 4
City may make police regulations / 458 5
Compensation to abbutters 458 6
Engineer, City —Appointment of 46 1
Duties of 46 2
To have charge of all records, books, plats, surveys, etc48 6
Surveys and plats of streets and alleys 47 3
Plats of grades 47 4
Shall keep record of same 47 4
Appointment of assistants, when 47 5
Manner of their appointment 48 6
Plans of buildings, approved by 225 21
To have direction of construction of sidewalks.. . too (Sec. 9)-Io4 3
To contract for construction of sidewalks, when not laid
according to order of Council 100 10
Shall cause same to be reconstructed, when not laid ac-
cording to grade, or requirements of Council or ordi-
nance.
Shall give notice to owners of property of proposed open-
ing of streets - 91
Shall notify abutters of proposed assessments 109
Shall inspect buildings and report to Council.... 219 4
Shall prepare plans and specifications for sewers 427 3
Shall supervise construction of sewers 427 5
Shall keep plans and specifications for sewer connections
in his office 429
Shall keep record of all sewers 429
May grant permits for sewer connections 433
Shall return estimates of work by contractors 112
Shall make and file in Recorder's Office for public inspec-
ted plats of improvements of streets, showing abut-
ting property,names of owners and amounts proposed to
be assessed 109 1I
Shall give notice of, by publication 109 11
Shall have power to prevent discharge of private drain
into a public sewer 434
Shall superintend filling of lots and report cost 128
Encroachments on Streets and Alleys —Prohibited,
penalty �42
iO4 3-4
2
11
10
10
22
19
29
3
30-31
1p
INDEX TO ORDINANCES.
XV
PAGE. SECTION.
Encumbering of Streets —Without permit from Mayor,
penalty
Exhibitions, Shows, Etc. —Must obtain license 84 16
Exemption from Taxation -Of high bridge, until net divi-
dend on operation shall amount to 8 per cent
Of water works plant until 1873 251 8
Excavation of Paved Streets —Prohibited, unless permit
obtained 116-117
Exposure of Person —Bathing in Mississippi river:.. ... 152 29
Expressmen, Hacks, Etc. License of 8o . 11
Charges for hauling 8o Iia
Must wear badge 8o 3a
Vehicle must be numbered $1 3b
Escapes, Fire and Stand PipesMustbe provided 216 t
False Alarm of Fire —Penalty for giving A146 4
Fast Driving —On streets and alleys 149 17
Over bridges 255
Fees Of officers and witnesses 258
Of marshal for impounded animals 243
Of vault cleaners 440
Ferries —Must first obtain authority from Council 225
Penalty for operating without license 225
Penalty for carrying freight without license 225
Eagle Point Ferry 277
Fines and Penalties —Marshal shall pay over monthly
Mayor may remit 26o
Fines and Costs —Persons committed to prison for non-pay-
ment ot, credited $1.50 each day of imprisonment 261
Filling of Mineral Holes —Council may require 131
Fire Limits —Defined 209
Filling and Raising of Lots —Council may order by reso-
lution 127
Owner to be served with copy of resolution before adop-
tion 130
If owner neglects to fill, city may cause same to be done. 128
Mode of proceedure, special assessment 128
Special tax, how levied, collection of 129
Sale of lots for non-payment 129
Filling of Lots and Streets by Knapp, Stout & Co 451
Finance Committee —To inspect accounts of Treasurer
Fire Arms —Discharge of, penalty for 15o
142
401
39
4I
29
5
7
3
9
2
6
11
6
2
3
4
5
20
XVI
INDEX TO ORDINANCES.
Fire Department —What it shall consist of
Chief Engineer shall command
And shall have charge of all property of the department.
Duties of Chief Engineer
Shall make semi-annual reports of property of depart-
ment
Also return at every session of Council names of officers
and members
\Shall attend all fires
Assistant engineers —duties of
Chief and assistant engineers, how appointed
Compensation of
Shall wear white fire caps when on duty
Duties of, and authority at fires
Department, how organized
Foreman of companies and their duties
Shall have special charge of all property attached to his
company
Shall attend all fires with their companies
•
Conduct at fires
No engine taken out of city, except when
Not more than two engines shall leave city at one time
No fire apparatus shall be applied to private use
No engine, truck or hose cart to run on sidewalk, except
by order of Chief or Assistant
No cards, dice or other gaming utensils, nor intoxicating
liquors, permitted in engine houses
Penalty for insulting, or interfering with engineer or fire-
men on duty
Penalty for leaving public cisterns uncovered, or taking
water therefrom for private use
Engines, trucks and all other apparatus to be under control
of Council
No intoxicating liquor to be furnished to firemen at 'fire,
except
City Marshal and Deputy to repair to fire —Duties of
Penalty for injuring fire apparatus, etc
Fire Districts —Limits of
Frame buildings prohibited in
Certain low frame structures permitted
No wooden building to be raised, enlarged or moved
Nor repaired or rebuilt if injured 5o per cent of its value
is
PAGE. SECTION.
203
203
203
203
2
2
203 2
203 2
203 2
204 3
204 4
204 4
204. 5
205 5
205 6
205 7
205 7
205 7
206 7
206 8
206 8
206' 8
206 9
207 18
207 11
207 13
207 14
207 15
208 16
208 17
209
tog 2
210 3
210 4
210 4
INDEX TO ORDINANCES.
xVII
PAGE. SECTION.
Are Districts —Continued. Extent of damage —How ascertained 211 210 5
5
Penalty for violating Sections 2 and 4
6
Lumber yards in Fire District prohibited except by per-
mit of Council
Section 7 not to apply to lumber yards established three 211 8
months prior to passage of this ordinance
Fires —To prevent, regulations therefor, stove pipes, pas- 215 i
sage through roof, partition, etc ��5 2
Burning of shavings, straw, etc., regulated
Stacking of hay, straw, etc., in city regulated.....-. . *215 3
Trying or rendering lard, grease, or boiling oil, varnish 215 4
prohibited, exception when
Fire Escapes, Stand Pipes and Metalic Ladders -In
buildings, except private residences, of three or more
stories in height; must be provided
Penalty for non-compliance
Metalic stand pipes required in certain buildings
Foundations --Of buildings, regulated
Fountains, Public —Taking water from for use elsewhere, 1
penalty 44441 2
Frame Buildings —Prohibited within fire district 98 r2
�
Fresh Meats— 5License for selling 59-61
7
Diseased or tainted, sale of prohibited 51 22
Buying of to sell again before 8 a. m., forbidden 6o 230 3
Subject to inspection
Gambling House —Penalty for keeping or frequenting 151-233
233 1-2
Gaming —Penalty for. 151 (Sec. 24)
Gas —For lighting City of Dubuque —Grant to Barker & Spel-
man
Conditions of franchise
Franchise extended Nov. 5, 1877, for ten years, to Key
City Gas Co
Price of gas to be subject to regulation by Council yearly
Franchise extended for ten years from July 1, 1884
Prices for use of gas established
Franchise not to be exclusive
City not to be liable for damage by change of grade, etc
Gas Co. shall keep excavations guarded and lighted
Shall restore excavated streets to good condition
Franchise extended June 11, 1892, for 20 years from July
1, 1894
Prices of gas to be subject to control of City Council....
216 1
217 2
217 3
219 7
270 1
271 2
272 4
272 5
273
273 2
274 3
274 4
275 5
275 5
276-
276
XVI Ii
INDEX TO ORDINANCES.
PAGE. -SECTION.
Gates, Bars and Viaducts —At railway crossings 406
Geese —Restrained from running at large 242 I
Grain and Pork Market —(See markets) 64 7
Grant Park 255 1
Grades —How estabsished 88 I
Heretofore fixed, to be recorded.... 88 2
Application for change of —Engineer to prepare profile88 3
Notice of proposed change by publication 88 4
Personal notice to be given abutters 89 5
When change considered by Council 89 6
Council to appoint three commissioners to appraise dam-
ages 89 7
Council to approve or annul appraisement 90 8
Claims for damages must describe property and names of
owners 90 9
Guards at Railway Crossings —(See gates, bars, etc.) 406
Gunpowder —Keeping of, regulated, permits required. 212 1
If greater quantity than 5o pounds, must be 200 feet dis-
tant from any other building 212 2
Penalty for selling by fire, candle or lamp light 212 2
When fire occurs in building, where stored. 212 3
Mayor to direct Marshal to investigate violations... 213 4
Permits for selling not to be granted to intemperate or
imprudent persons 213 5
Hackmen—Must wear badges 87 3
Must obtain license 79 1oa
Hack or carriage must have number 79 1Of
Rates of fare 8o ioc
Harbor flaster—Appointment of and duties 52 I
Shall collect wharfage and pay over same 52 2
Steamboat landing designated 52 3
Private wharfboats, etc 53 4
Wharfage or wood landed 53 6
Penalty for refusing to pay wharfage 53 7
Penalty for resisting Harbor Master 54 8
Hay, Wood and Grain Ilarkets—Established, location of,. 62 1
Sale of hay elsewhere prohibited 63 2
Hay teams not to stand on streets 63 2
Hay must be weighed before sale 63 3
Falsification of weigher's certificate 63 4
Penalty 63 5
Sale of wood elsewhere prohibited, penalty 64 6
INDEX TO ORDINANCES. xix
Hay, PAGE. SECTION.
Wood and Grain Markets —Continued.
Grain and pork market designated., 64 7
Public weigher to weigh grain 64 8
Sealer of weights and measures to examine scales 64 9
Health of City —(See Board of Health) 234 1
Health Officer —(See Board of Health) 234
Health Physician —Duties of �3g 1
High Bridge —(See Dubuque Pontoon Bridge Co.) 399
Hogs, Dressed -Appointment of weigher 65
Weighing of, regulated, charges for 65 1
Penalties for violation 66 3-4
No hog dealer eligible for weigher 66 5
Hitching of Horses and Teams —Required on Main street239 1
Penalty for neglecting 239 I-2
- Horses—Restramed from running at large 242 1
Hospital for Contagious Diseases —(See Board of Health). 235
Hotels and Boarding Houses -License of 86 1
Runners for, license of 86 2
Houses of 111=y'ame—Penalty for keeping 151 24
House Drainage —Sewers. (See sewerage) 424 I
Hydrants —Number of and rates of, charge for. (See Du-
buque Water Company) 246 3
Huckster Stands —(See markets) 57 2
Illinois Central Railway Co. —Right of way granted for
tracks on alleys between Main and Iowa streets, south
to Railroad avenue 366
Authority granted to extend tracks on Jackson street to
Tenth street 367
Authority to lay sidetrack on Washington street to point
opposite and along the Oat Meal Mill 368 1
Authority to Fay track on the too -foot strip from point
above Fifth street southerly to and across Jones street,
and other connecting tracks 369
Conditions of grant 37o
111=Fame, Houses of —Penalty for keeping 151 �4
Impounding Animals —Found running at large...... .. 242 1
Inn Keepers —License of 86 i
Improvement of Streets and Alleys —(See Streets) 96-105 1
Inflammable Oils —Manufacture and storage of 213 1
Indecent Exhibition of Animals —Penalty for 148 8
Inspection of Boats —(See Board of Health) 236. 7
Ingram, Kennedy & Day —Granted right of way for rail-
road track 374
Revokable at pleasure of Council 375 5
INDEX TO ORDINANCES
Injury —To public property, penalty.
Injury —To monuments, tombstones, trees, fence belonging
to a cemetery, penalty
Injury —To water or gas pipes, penalty
Injury —To fences, trees, shrubs, railings, or ornament in
' public squares 254 4
Injury —To sidewalks, pavements, drains, or sewers, penalty.138-149 17
Injury —To street lamps, lamp posts, telegraph poles or wire, �48 12
penalty
Inspector of Weights and Measures —(See weights and 54 i
measures)
30 3-4
Inspector —Of meats, vegetables, poultry, etc 268 4
Inspector of Wood —Appointment of (See wood measurer). Intoxication —In streets and public places, penalty 146 2
Jackson Square —Established and dedicated
254 1-z
Judgments —Satisfaction of (See prosecution) �56 2258
Julien Avenue —Name of street, changed to
Juries —For assessment of damages by opening streets, venire, 92
how summoned (See streets and alleys)
Jurors —Penalty for refusing or neglecting to serve 239
240
Compensation of
Kerosene Oil —Manufacture and storage of (See oils) 213
Knapp, Stout & Co. Co. —To fill certain lots and streets to
grade
May occupy and use streets filled by them
City may resume possession by giving one year's notice
Granted right of way for railway tracks
Tracks to be on established grade, spaces to be planked
Key City Gas Co. —Original grant to Barker & Spelman.
Renewal for ten years
Price of gas to be regulated by Council
Grant renewed for ten years from July 1st, 1884
Price of gas established
Grant renewed for twenty years from July 1st, 1894
Price of gas to be regulated by Council (See acceptance). 276
151-233
Keeping Gambling House —Penalty
Keeping House of I11 Pame—Penalty
Lamps, Street —Penalty for breaking or injuring
Landing, Public —(See public landing)
Laying out of Streets —(See streets)
Levi, James and Others —Right of way granted for street
railway on 7th street, from Main street to westerly end
of High Bridge
PAGE. SECTION.
148 IC/
148
149
452
453
453
454
455
27o
272
272
273
273
276
151
148
52
91
319
15
5
3
2
2-3
3
4
7
8
1
4
5
1
2
24
24
12
3
1
mo
1
INDEX TO ORDINANCES. }ixI
PAGE. SECTION.
I
Licenses —By. whom signed, date and expiration of 75 1
To be subject to ordinances in force, violation of 2
Not transferable 3
4
Application for, and issue Where amount of license is not fixed by ordinance, 4 5
Recorder shall keep register of licenses
6
Marshal to enforce ordinance relating to same 6 7
Auctioneers. 8
9
Brokers
Billiard tables and bowling alleys
Boats and water crafts
Boarding houses
Butchers and hucksters
Carriages and hacks
Circus, concerts and theatres
Delivery wagons, drays
Exhibitions
Expressmen
Ferries
Hotels and Innkeepers
Hotel runners
Hucksters
Livery stables
Merchants, transient
Peddlers
Physicians, travelling
Pigeon hole tables
Runners —Hotels, boarding houses
Restaurants
Saloons.
Skating rinks
Ten Pin alleys
Theatres
Transient merchants
Travelling physicians
Vault Cleaners and Scavenger
Wagons, Drays, Trucks, etc
License Register —Recorder to keep
Livery Stables —License of
Limits -Of fire district defined
Lots —Raising and filling of.
Loads —Rates for hauling.
75
76
76
76.
77
77
77
79
8r
85
86
59
79
84
8o
84
8o
225
86
86
59
79
264
84
82
81
86
86
81
84
81
84
264
82
439
8o
77
79
zoo
127
So
12
19-20
8-17
ioa
16
II
16
II
I-2
2
8-17
10
15
14
12
2
ra
13
17
12
16
2
14
7
11
Io
1
1
II2
XX1I
INDEX TO ORDINANCES.
PAGE. SECTION.
Loitering —About ; streets, saloons, houses of ill -fame, etc.,
151 (Sec. 23), prohibited, penalty 152 25
About stairways, entrances, passage ways, etc., penalty157 2
Of minors about billiard saloons, etc., penalty for per-
mitting 81 11b
Lorimier Avenue —Name changed, to Julien avenue 268 5
Malicious flischief—Punishment for 148 (Sec. it) 149 15-16
Maltreating Dumb Animals— 148 (Sec. 9) 155 1
flaps and Plat —Of additions must be approved by Council. .441
Markets, Central --Established and regulated 57
Rent and sale of stalls 57 2
Market Master shall exercise general care of 58 3 ,
When open, no sales permitted except during - market
hours 58
No buying in to sell again permitted 58 5
No watered, adulterated, tainted or unsound meats, vege-
tables, or other articles of food permitted to be sold at . 59 6
Loafing, lounging, tobacco smoking and dogs, prohibited
during market hours 59 7
License for selling fresh meats, etc., outside of market,
required 59 8
Sale on streets, outside of market, of game, butter, eggs,
vegetables, fruit, prohibited 6o 10
Penalty for violation of market regulations 6o I1
Buying during certain hours. to sell again, prohibited,
penalty 6o 12
Penalty for occupying stall without lease 6o 13
Penalty for exposing fowl for sale with legs tied 6o 14
Also any sheep, lamb, calf, hog with legs tied 6r 15
Dealers in fresh meats, poultry and farm produce must
obtain license 61 17-18
Penalty for violation of sections 17 and 18 62 19
Penalty for selling articles described in sections 17 and
18, without weighing 62 20-21
Markets, Hay, Wood and Grain —Location of, 62-63-64-65
Market Claster—To have supervision of Central Market.... 57
Shall rent stalls 57
General duties of 57
Fresh meats to be weighed by ` 62 20
Marshal, City —Appointment of 36
Compensation of 37 2
Removal for neglect of duty 37 3
2'
3
INDEX TO ORDINANCES.
Marshal, City —Continued.
General duties of
Uniform of
Deputies, appointment of
May require aid from citizens to suppress riots or pre-
vent violation of law or ordinance; penalty for refusing
such aid
Shall have charge of entire City Hall building
Public squares shall be under control of marshal
Shall serve al/ process and orders of mayor and council,
Shall pay over monthly all monies collected by him. to
Treasurer
Shall keep in a book, account of all monies collected
or coming into his bands, and submit same for inspec-
tion.....
Shall make annual settlement with Treasurer
Shall make statement under oath
Shall attend all sessions of Council
Shall have charge and safely keep property of arrested
persons
Shall notify City Attorney of all prosecutions brought
Penalty for neglect of duty, or improper discharge of
same, or making false returns
Shall attend all fires, duties at
To kill unlicensed dogs
Shall enforce ordinance restraining animals from runniog
at large
Shall enforce all ordinances in relation to licenses
Shall serve venires and summon juries
Shall open streets and remove obstructions
Have spouts —Shall enforce regulations concerning, and
notify owners
Police shall be subject to orders of Marshal in day time..
Marshal shall report policemen or watchmen for neglect
of duty or intoxication
Shall keep a register of all persons committed to Calaboose
Board of Health —Marshal shall obey orders of
Shall remove awnings and posts on and over sidewalks, etc
Prosecutions for violation of ordinances —Marshal to
Commence
When jury demanded, Marshal to summon
Shall attend trial in prosecutions.
Shall report violation of ordinances to Mayor
Shall report, and abate all nuisances
XXIII
PAGE. SECTION.
37
164 2
39 4
38 2
39 3
254 3
39 5
39 6
39 7
40 8
40 8
40 9
40 9
40 10
40 11
208 - 16
241
242 4
77 7
92-93 3-4
94
154 2,
158
159 4
161 15
236 5
136 9
256 2
256 3
257 5
37 1
38 1
Xdy
INDEX TO ORDINANCES.
Mayor of City —General duties of —Shall be chief executive
officer of city and enforce therein the laws and ordi-
nances of the State and City
Shall preside at meetings of City Council
Special sessions of Council —Shall call —When and in
what manner
Shall have general supervision of city officers and of their
books, papers and records, and their manner of con-
ducting their business
Shall report all violations, or neglect of duty by city offi-
cers
Shall sign all contracts between city and other parties
And sign all ordinances
Shall be a conservator of the peace, and may call on po-
lice force for assistance, and on citizens if necessary in
quelling riot, or breach of peace
Penalty for refusing such aid
Office of Mayor, and office hours
Shall sign all licenses
Shall sign all deeds, releases and contracts
Shall grant or refuse applications for license when amount
is not fixed, or bond required by ordinance
Shall issue licenses for circus, menageries, shows, con-
certs, theatrical entertainments and exhibitions, and fix
amounts of same
May appoint special policemen
Shall cause nuisances to be abated, and may enter suspec-
ted buildings and premises
Mayor Protempore—Shall discharge all duties of, and pos-
sess and exercise all the powers of the mayor, in caseof
the inability or absence of Mayor
Manufacture and Storage of Oils —Regulated
Measures and Weights —(See weights and measures)
Meats, Diseased —Tainted or unsound, sale of, penalty
Meats, Fresh —Sale of, without license outside of market,
penalty for
Meat —Inspection (See inspection of meats, etc)
Merchants, Transient --Must obtain license
Midwives —Must report births to Recorder
Mineral boles —Filling, or fencing of
Minors —Sale to, of intoxicating liquors, penalty for
Not allowed to frequent billiard saloons, etc
PAGE. SECTION.
29
30
29
30
30
30
30
30
30
3o
75
3o
' 76
84
398
228
31
213
54
59-151 22
59
229
264
262
131
8r
81
7
3
4
6
6
7
I
5
16
7
5
7
i
INDEX TO ORDINANCES.
XXV
PAGE. SECTION.
National Banks --Shares of assessed for taxation 176 �9-20
Neglect of Duty —By city officers, Mayor to report 33o 4
o 1
How punished
Newspapers —Publication of ordinances, section 8 of city
charter, page 9 of appendix; tax list to be published in
official newspaper
North American Telegraph Company
Franchise granted to, to maintain telegraph line
Notices —Marshal to serve all process, and orders of Mayor
and City Council .
Marshal to notify City Attorney of violation of city ordi-
nances
Marshal shall serve copy of charges against city officers
Engineer to notify property owners of proposed taking
of ground for opening of streets and alleys.
Engineer to notify abutters of proposed assessments for
street improvements
Now -Resident Property Owners --How notified of pro-
posed taking of property for streets, etc
How notified of special assessments for street improve-
ments
Notice —Before tax deed executed
Of annual tax sale
Nuisances —Authority of Mayor and Marshal to abate
Slaughtering of animals, and use of buildings for that
purpose within city limits, prohibited, penalty
Casting or leaving the carcasses of dead animals, or other
filth or offensive matter in the streets, alleys or public
places prohibited,, penalty
Suffering any cellar, vault, privy,` private drain, sewer, or
grounds to become offensive or injurious to the public
health forbidden —Penalty for
Suffering any soap or other factory, butcher shop, meat
packing house, livery stable or barn, to become nause-
ous, foul or offensive —Penalty for
Mayor and Marshal to have authority to enter suspected
premises, and abate nuisances
City may remove or abate nuisance at expense of the own.
er,of the premises
Suffering offal, filth, manure, etc., to accumulate or re-
main on streets or alleys abutting premises of owner or
occupant —Penalty
No privy vault to be less than twelve feet in depth —
Penalty
x
186
456
456
39
40
73
91
109
91
109
193
186
228
226
227
227
227
228
228
228•
228
55
5
10
3
2
II
2
II
75
54
5
2
3
5
r,
8- 9
xxvl INDEX TO ORDINANCES.
Oath of Office —All officers required to take
Obscene Books, pictures, etc. —Penalty for selling or exhibit-
ing
Obstruction of Streets —(See Streets)
Official Bonds and qualification of officers
Officers —Bonds of —Requisites and approval of
Charges against —How made and tried
Incoming to give receipts to outgoing officers for city pro
erty, and make schedule of same
Neglect of duty —How punished
Terms of office —When to commence
Official Record —Of City Council, manner of keeping reg-
ulated
Ogden, David H.—Franchise for electrict street railway
Right of way granted for tracks
When to be in operation
Streets occupied
Grantee to pay damages
Tracks to conform to grade
Tracks to be kept in repair
Cars to have precedence over teams and vehicles
Rates of fare
To use electric power
City may remove rails to .make repairs
Other railways may cross tracks
May erect poles and wires
May cross other railway tracks'
Terms and conditions of grant
Police regulations, may use other poles
Hours of running
Other companies may use tracks
Johnson rail to be used
. To stop at crossings
If abandoned, streets to be left in good repair
Publication clause, acceptance of grant
Oils, Inflammable —Manufacture and storage of regulated
Opening, Alteration --And vacation of streets and alleys.
(See Streets)
Ordinances —Publication of, see Section 8 of City Charter,
page 9 of appendix
Ordinances, Revised —Of 1893, publication in book form15
Order —Rules of City Council
PAGE. S$CTI
23 4
147 6
133 1
25-26-27
25
73
P-
28 4
72 1
24 1--8
35
311
311
312
312
312
313
313
I
2
3
4
5
6
314 7
314 8
314 9
315 10
315 11
315 12
315 13
316 14
316 15-16
316 17
317 18
317 19
317 20
318 21
318 22
213
91
460
INDEX TO ORDINANCES,
Packing Houses —Right to maintain granted to Wm. Ryan
Right to maintain granted to Dubuque Butchers Associa-
tion
Right to maintain granted to Dubuque Packing and Pro-
vision Co
Right to maintain granted to S. D. Ryan
Right to maintain granted to J. H. Strobel
Page, John P.—Grant and release to John P. PPge of Lot 2a
of subdivision of City Lot 304
Parks, Public —(See Public Squares)
Passengers —In carriages, hacks, cabs, etc. Rates of fare
regulated
Party Walls —Must be of incombustible material
Paving of Street between rails and one foot outside of street
railways, regulated
Peddlers —Prohibited from selling without license —Penalty
Peace —Disturbance of —Penalty
Pearl Street -Width of sidewalk regulated
Permit for Burial —Undertakers and sextons must obtain
before burial 262-263
Physicians, Travelling —License of
Physicians Must certify deaths to Recorder
Must certify births to City Recorder
Must report contagious diseases 263 (Sec. 6)
Pictures, Obscene —Penalty for selling or exhibiting
Pigeon Hole Tables —License and regulation of
Pigs —Restrained from running at large
Plats —Of proposed additions to city —Submitted to Council.
Of proposed street or alley —Engineer to prepare
Of grade proposed to be established
Of grade proposed to be changed
Plans —Of proposed new buildings submitted to Engineer....
Police, City —Organization of
Qualifications for policeman.
Oath of office
Mayor may suspend for intoxication, neglect of duty, or
improper conduct
Powers of police officers
Conduct of, while on duty
Shall not accept presents,gratuities or reward for services
rendered
Shall not compound an offense, or withdraw complaint
SYVII
PAGE. SECTION.
343
344
352
350
351
445
254
79
219
113
84
146
267
82
262
262
235
147
8,
242
442
97
88
88
225
158
158
159
159
,6o
,6o
160
16o
lob
6
15
2- 3
3-4
14
2
4
6
12
2
I-2
3-4
21
3
3
4
6
7
8
9
XXVIII
INDEX TO ORDINANCES.
Police, City —Continued
Shall not communicate information
Shall wear insignia of office
Shall not be absent from duty, or leave city without con-
sent of Mayor -
Disposition of persons arrested
Shall not misuse prisoners
Marshal shall keep registry book of arrests and commit-
ments to calaboose
Prisoners in calaboose to be brought before court
Hackmen, omnibus drivers, runners, porters, etc. , when
about depots or landings, to obey police
Policemen shall obey marshal and report to him all vio-
lations of ordinances
Penalty for interfering with police in making arrests
Falsely assuming to be a policeman, penalty for
Duties of marshal and police officers.
Penalty for neglect of same
Uniform of police
Poisons —Sale of, regulated; register of sales
Pool Tables --License for
Poles —Electric light, regulated
Telegraph (See North American Telegraph Co.)
Telephone (See Western Telephone Co.)
Powder —Keeping of, regulated (see gunpowder).
Pontoon Bridge —(See Dubuque Pontoon Bridge Co.)
Precincts, Election —Established
Separate polls in each
Property of City ---(See city property)
Profane Language —In streets and public places, penalty
Privy Vaults —Regulated
Contents moved only in air -tight vessels, and from April
to November, moved only at night
Duties of Scavenger
Health officers may order contents of vaults removed.
When notified, owners must employ licensed scavenger
to remove
Vaults must not be filled in, unless contents are first re-
- moved
Scavenger shall obtain license
Fine for neglect to act promptly, rates of charges
Vaults must be cleaned thoroughly and left in good con-
dition
PAGE. SECTION.
-
16o 10
161 I1
161
161
161
161
162
162
12
13
14
15
16
I7
162 18
162 19-20
163 21
163 22,
163 23
164
151 21
81 12
336 4
454
449
212
399
20 1-5
21 6
27
152 27
436
437
437
438
438
439
439
440
44°
2
3
4
5
6
7
8-9
Io
Prisoners in City Prison —Register of, kept.
Taken before Justice, maltreating of, penalty
Polls, Election —One in each precinct
Hours of opening and closing
Posse Comitatus—Mayor may summon
Marshal may summon
Prosecutions —By whom brought and managed, 142 (Sec. 32)
If demanded 13Y defendant, tried by jury, Marshal to
summon
Defendant to be held in jail until payment of fine and
costs
Marshal to attend trials, make monthly statements to
Auditor ...
Court to report to Auditor monthly
Court, witness and jury tees
Reports of court and marshal to be kept by auditor, fine
or costs received, paid to Treasurer
Auditor to compare reports and report items and amount
of fees to Council
Action of court on conviction of offender.
Mayor may remit penalty
Location of city prison
Mayor shall prescribe regulations for management of
prison; when prisoners are sentenced to labor, marshal
shall superintend and furnish tools
Prisoners committed for non-payment of fines or costs
credited $I.5o for each day of imprisonment
Officer to protect prisoner from annoyance while at labor.
Public Places —Sprinkling of and of streets
Public Fountains —Taking water from for use elsewhere,
penalty
In Washington and Jackson Squares, water for, furnished
free
Public Landing —And wharfage; appointment of harbor
master
Duties of harbor master; to collect wharfage....... ...
Special landing for steamboats, assigned
Private wharf boats and docks prohibited without per-
mission of Council
Landing of wood regulated and wharfage on same
Neglect or refusal to pay wharfage, penalty for
Resisting or refusing to obey harbor master, penalty for
INDEX TO ORDINANCES. xxix
PAGE. SECTION.
161 15
161 13-14
21 6
22 1
3o 6
38 2
256 2
256 3
257 4
257 5
257 6
258 7
259 8
259 9
259 10
260 11
26o 12
261 13
261 14
261 15
123
441
247 3
52
52
52
53
53
53
54
2
3
4
6
7
8
xxx
INDEX TO ORDINANCES.
Public Squares —Jackson Square established
Marshal to have special charge of public squares
Injury to or defacement of
Grant park named
Pro of Service and Publication —Notice of proposed open-
- ing of streets
Notice of proposed special assessment for street improve-
ments
Publication of City Ordinances in book form, provided
for See Section 8 of City Charter, page 9 of Appendix
Public Buildings —Doors of, to open outwardly
Winding stairs in, declared a nuisance
Aisles to be kept unobstructed
Fire proof doors and drop curtains in theatres
Engineer, to inspect and report defects
Council may order Marshal to close building
Use of such building for public entertainments,penalty
for
Public Scales —Appointment of weigher
Weighing of hay, and certificate of weight
Falsification of certificate
Weigher to remain in attendance,, and keep scales in repair
Weigher shall weigh hay, cattle and hogs, keep account of
articles weighed and fees received, and make report of
same..
Duties of Market Master at Central Market........ ....
Qualifications of Officers
Rafts —Boats, etc., rates of wharfage
Railroad Trains —Speed of, not to exceed 6 miles per hour
Bell to be rung while in motion
Not to stand on crossings so as to obstruct travel
Penalties for violation of ordinance
Penalty for interference with railway property. ...... e .
Getting on or off trains while in motion, except at reg-
ular stations, penalty for
Mayor may appoint as special policemen, watchman ,of rail-
road companies
Railroad Crossings —Council may order bars, gates, etc,
to be maintained
Railroads, Rights of Way Granted —To Dubuque & Min-
nesota Railway Co
To Dubuque, Bellevue & Mississippi R. R. Co
PAGE. SECTION.
254
254
254
255
3
4
91 2
I09 11
218
218 2
218 2
218. 3
219 4
219 4
219 5
66 1
67 2
67 2
67 3
67
68
25
53
397
397
397
397
398
398 6
398 7
406
355
358
5
6
6
2
3
4 .
5
INDEX TO ORDINANCEb,.
YXxi
Railroads, Rights of Way Granted —Continued. PAGE. SECTION .
To Chicago, Milwaukee & St. Paul Railway Co 36o
To Illinois Central Railroad Co 366
To Illinois Central Railroad Co 367
To Illinois Central Railroad Co 368
To Illinois Central Railroad Co 369
To Dunleith & Dubuque Bridge Co 364
To Lumbermen's & Manufacturers' Railroad Co 278
To Dubuque & Northwestern Railroad Co... ......... 376
To Dubuque & Northwestern Railroad Co 377
To Chicago, Burlington & Northern Railroad Co 381
To Chicago, Burlington & Northern Railroad Co 390
To Ingram, Kennedy & Day 374
To Booth & Stout 373
To Knapp, Stout & Co. Company 452
Raising and Filling of Lots —(See filling of lots)
Recorder, City —General duties of
Shall attend meetings of Council, furnish Mayor abstract
of unfinished business, keep correct record of proceed-
ings of Council, properly indexed, issue notices of elec-
tions, of special meetings of Council, notify committees
of appointment and of business referred to them, shall
notify. Officers of their election, issue venires for
Opening streets, etc
Shall keep record of ordinances in separate book with
index, see that all ordinances are .published, procure
affidavit of publication, and file and preserve same in
his office
Shall record all proceedings of Council
Keep seal of the city, and attest deeds, contracts, etc....
Keep register of licenses
Draw all warrants on the treasury
Keep register of warrants
Report to Council an account of receipts of monies filed
in his office
Keep all records, pape'.. and official documents of city
Keep list of all committees
Shall furnish to officers or citizens certified copies of offi-
cial papers when necessary, or demanded
Council may appoint recorder pro tem
Shall cause journals of Council proceedings to be printed
m pamphlet form
127
31
31
32
32
32
32
33
33
2
3
4
5
6
7
33 8
33 9
34 10
34 11
34 12
35
Return of Service of Notice —By City Engineer
By City Marshal
Roller Skating Rinks —License of, regulated
Revised Ordinances of 1893—Authorized
Running Away of Horses and Teams —To be hitched on
Main street
Riots and Unlawful Assemblies —Mayor may summon
posse
I� In case of, Marshal may summon posse
Rules of Order —Of City Council
Runners —For hotels, boarding houses, omnibuses, etc;
License of
Must wear badges
Running of Railway Trains and Engines —Regulated..
Ryan, Wm. —Authority to establish packing house...
Ryan, S. D.—Authority to establish packing house
Authority to use part of levee in front of Block 27, D. H
Co. Add 347
Right to improve and use Camp street 348
Right to erect staging on levee 347
XXXIL
INDEX TO ORDINANCES
Recorder, City —Continued.
Furnish copies to Mayor and Council 35
Shall sign and attest official journal 35
Official journal to contain all proceedings of Council 36
Shall cause monthly journal for each year to be bound
together in one volume, with index
Records, Official —Manner of keeping. (See Official Records)
Recorder pro tem - Council may appoint.
Redemption from Tax Sales —(See Taxes)
Releases, Deeds, Etc —How executed —When committee
may contract
Register of Bonds —Kept by City Auditor
Register of Licenses —Recorder shall keep
Register of Warrants Recorder shall keep
Registration of births and deaths
Removal of Officers —Manner of. (See charges.against offi-
cers) 72
Restaurants —License of 86
Reifsteck & Scheppele—Releasing and granting certain
property to 410-411
Remission of Pines and Penalties —Mayor may remit26o
Repairing of Sidewalks —Regulated 125
Resisting Officer 30
91
39
84
36
35
34
19i
24o
1.06
32
33
262
15
239
30
38
460
86
87
397
343
35o
PAGE. SECTION.
2
4
12
71
5
5
6
I-2
IT
2
5
6
2
2
3a
R�w
INDEX TO ORDINANCES.
XXXIII
PAGE. -SECTION.
Sabbath —Observance of —Penalty for violating statute 232
Salaries of officers fixed by Council 23
Saloons —Penalty for keeping without license 81
Amount of license —Hours of closing 82
Disorderly conduct prohibited —Penalty for 82
License to be conspicuously posted 82
Sale of liquors prohibited by law of Iowa not authorized . 82
Sanitary Sewers —City Council may order connections to
be made with - 435
Scales, Public —Appointment of weighers 66
Use of, regulated - 67-68
Scavengers and Vault Cleaners —Business of, regulated-. 436
Contents of privy vaults, cess-pools, etc., when and how
removed
Performance of services regulated
Health officer, Marshal or members of Board of Health
may require contents of vaults to be removed
Owner or tenant to remove such contents when required
by either of officers named., penalty for refusing
The covering of contents of vaults with earth, prohibited,
penalty for
License of Scavenger
Penalties for non-compliance with ordinance
Rates of charges regulated
Shall use diligence in conducting his business
Sales of Property —for non-payment of taxes (See taxes)....183-186
Scheppele & Reifsteck—Certain property released to 410
Seal of City —Corporate. Adopted 17
Sewers and Drains —Obstructions of surface drains and
water courses prohibited, unless provision shall be made
for passage of water 418
Taking of private property for enlarging or straightening
of water courses, how ascertained, commissioners to ap-
praise
Return of appraisement to Council
Council may remove commissioners and appoint others
Ordinance to be retrospective
Sewers —Fouling of, private drains and openings into Four-
teenth, Main and Eighth street sewers, prohibited
Penalty for violation
Sewers —Right to construct sewer to Cooper and Linehan
Manner of construction
L
437
437
438
438
439
440
440
440
419
419
420
42o
420
421
421
422
6
13
131., b
13c
13d
13e
2
3
4
5
6
7
8
9
10
4
5
2
2
xxxiv INDEX TO ORDINANCES
Sewers —Continued. PAGE. SECTION.
Not to create nuisance, nor to obstruct street or alleys422 3
City of Dubuque may connect without charge, and may
take possession upon making compensation to owners423
Charges for connections 423
To be complete, and in operation within one year 423 6
No obligations imposed on City of Dubuque 424
Sewer on Eighth Street —Extended 452 I
Knapp, Stout & Co. Co. to fill streets and lots adjacent to
portion of sewer extended. (See Knapp, Stout & Co.). 452 2
Sewerage, General System —Adopted
City divided into four sewerage districts; boundaries de-
fined
Construction of sewers, how ordered. 426 2
Plans and specifications 427 3
Engineer to advertise for proposals 427 4
Opening of bids and letting of contract 427 5
Performance of contract and completion of work 427 6
Tax for construction of main sewer and branches 428
Special tax on adjacent property for construction of
lateral sewers 4�9 8
Owners of adjacent property to be notified of proposed
assessment, how served...... 429 9
City Engineer to keep record of all sewers, showing loca-
tion, profile, with plats giving frontage, area of ad-
jacent lots, names of owners, and cost chargeable on
each lot, and submit certified copy thereofirto Council,
also shall keep a record of manholes and sewer and
drain junctions 429 to
Special assessment, how levied 430 11-
How collected 43° 12
Copy of resolution to be furnished Auditor 431 13
Treasurer charged with amount of special tax 431 14
Treasurer to give notice of levy by publication 431 15
Sale of real estate for delinquent sewerage tax 431 16
Sale continued from day to day 432 17
How conducted and governed 432 r8
'Connections of private drains regulated 432 19
License from Engineer required 433 20-22
Indemnity bond to be given 43° u
Application for permit to be in writing, what to state433 23
Conditions on which permit is to be granted , 433 24
Connections with open gutters, vaults, cess pools, pro-
hibited 434 25
424
425
5
7
7
0
INDEX TO ORDINANCES.
Sewerage, General System —Continued. PAGE.
Rain water connections prohibited except by special
permit
Injury to, or removal of any portion of man hole, lamp
hole, flush tank or part of public sewers, or deposit of
filth, garbage, etc., prohibited
Penalties
Powers of Sewer Committee and Engineer
Inspector of sewers may be appointed
Expert engineer may be employed
Separate Sewerage System —See sewers, general system
Sextons of Cemeteries —To require permit before burial
Sheep —Restrained from running at large 242
Setting Aside of Appraisements and Awards 9°
Sidewalk Commissioner —Appointment of, duties 5°
Sidewalks, Construction of —Petition for, referred to en-
gineer 96
Council may order without petition, by vote of three -
fourths of whole number 96
Must be laid to established grade, materials and manner
of construction, width of 99-i°3-125
Top of curbstones must correspond to grade 98-125
Temporary plank walk, order for published 98
How laid and paid for Ioo
If owner neglect, engineer shall contract for construction
of sidewalk 1O°
Notice of proposed special assessment to be served on
abutters; hoiserved
Resolutions for special tax, what to state
Recorder to furnish Auditor with copy of resolution
Treasurer charged with amount of special tax.
Notice of levy of to be given by publication
Sale of property for delinquent special tax
Payment of contractors for improvement
Only brick, natural or artificial stone, or cement, to be
used for sidewalks on certain streets 103
Council may designate which material to be used 102
All sidewalks laid under supervision of Engineer 104
Engineer to enforce conformity with ordinances and or-
ders of the Council 1O4
Sidewalks laid or paved full width unless otherwise or-
dered
434
434
434
434
434
434
42.4
263.
Ioo
IOI
IOI
IOI
IO2
102
102
xxXv
SECTION.
26
27
28
29
3°
31
4
8
8
9
Io
I1
II
12
13
14
14a-6
15
1
2
3
104 4
xxxvi INDEX TO ORDINANCES.
PAGE. SECTION.
Sidewalks —To be kept clear of snow and ice 143
Repairing and paving, regulated 125
Top of curbstones set to grade 125 2
Abutting owner notified to make repairs 126 3
In case of neglect to comply with notice, the Street Com-
missioner or Marshal to make the repairs, and report
cost to the Council
If owner or agent cannot be found in city such officers
shall repair without notice
A sessment, levy of special tax and sale of property
Width of on certain streets, regulated
Skating Rinks, Roller —License of
Sign Posts —Prohibited on sidewalks, penalty
Slaughtering in City—Probibited. (See nuisances.)
126
126
126
267
84
134
226
Slaughter Houses —(See packing houses.). 343-344-350-351-352
Snow and Ice —On sidewalks, removal of
Shade Trees —(See trees), hitching to prohibited, penalty
Sleigh Bells —Driving sleighs, cutters, etc., without bells
prohibited, 156
Penalty for violation of regulation 156
Snow and Ice —To provide for removal of 143
Regulations concerning 144-145
Special Taxes —For improving streets and sidewalks too-to8
Sprinkling of Streets and Public Places --Permit required 123
Application for permit 123
Recorder to keep record of permits 124
Council may designate certain hours for sprinkling 124
Penalty for -violations of ordinance • 124
Squares Public —(See' public squares) 254
Stationery, Books, Etc. —For use of Council and officers34
Recorder shall furnish 34
Standing Places for licensed vehicles 415
Steam —Dubuque Steam Supply Co. granted authority to lay
pipes for conveyance of steam
Stagnant Water —(See Filling and Raising of Lots)
Straw and Hay - Stacking of within too feet of building pro-
hibited —Penalty
Stand Pipes and Fire Escapes —Required —Penalty for
neglect
Stovepipes —Use of regulated -To prevent fires
Street Railways —Rights of way granted to Dubuque Street
Railway Company
143
149
416
127
215
216
215
z8z
4
4
5
17
4
16
2
2
4
5
6
10
3
INDEX TO ORDINANCES.
Street Railways —Continued.
D. St. R'y Co. —Additional rights 284
D. St. R'y Co. —Additional rights 290
D. St. R'y Co. —Additional rights 299
D. St. R'y Co. —Additional rights 301
D. St. R'y Co. —Additional rights 303
D. St. R'y Co. —Additional rights 304
To David H. Ogden (Hill street and West Dubuque)311
(Key City Electric Street Railway Company)
To James Levi and others (Seventh street)
To Allen & Swiney (Dubuque Electric Railway, Light
and Power Company) 322-330
Eleventh Street Elevator Company 457
Street Railway Crossings —Cars approaching the tracks of
other street railways to be slacked up to two miles an
hour.... 334
The slowing up to be not less than fifteen nor more than
too feet from tracks to be crossed.
Before starting to cross, gong or bell to be rung..... .
Cars moving in easterly or westerly directions 10 have
precedence of those running northerly or southerly.
No person in charge of car to obstruct or hinder any
other car 335
Penalty for non -observance of regulations
Street Railways —To pave between tracks and one foot
outside 113
Stocks and Shares —Of National Banks; assessment of.... 176
Stock, Live Restrained from running at large 242
Street Commissioner —Appointment of; term of office 49
Shall have charge of all streets and alleys 49
highways; superintend all contracts or other work there-
on, shall report to Council condition thereof
Report plans and estimates of proposed work or improve-
ments 49
Enforce ordinance in relation to streets 50
Shall be a peace officer of the city 5o
Shall have authority to institute prosecutions for obstruc-
tions of streets and alleys
Streets —Opening and altering of —When deemed advisable
by Council
Shall order Engineer to make survey and plat showing
proposed improvement, etc
Plat to be filed in Engineer's office
319
334
334
334
335
49
142
91
91
XXX V I I
PAGE. SECTION.
2
2
3
4
5
19
2
2
3
4
5
32
XXXVIII
INDEX 'f'O ORDINANCES•
Streets-- Continued.
Engineer to notify owners in writing, and file evidence of
service in office of Recorder
Council may order Recorder to issue venire for jury to
appraise damages
Marshal shall give notice of time when jury will assemble
—Qualifications of jurors
Assembling and empannelling of jury
Interested party to deposit money to defray costs
Proceedings of Council r n award of jury
Procurement of deeds of relinquishment of right of way
Setting aide of amount of damages awarded
Proposed street declared public highway
Plat placed on record
Marshal shall open street
Council may annul any street or alley by similar proceed-
ings
Land owner or city may have appeal to District Court
Appeal shall not delay opening
Appeal estopped by acceptance of damages by owner
Trial of appeal
If damages, on appeal, are increased, City shall set aside
additional sum
If decreased on appeal only the amount awarded set aside
Streets —Alleys, sidewalks, improvement of, petition for,
referred to engineer
Council to order improvement, how
Instruct engineer, prepare plans, etc
Recorder advertise for bids
Council may reject all bids; shall levy special tax for the
cost of improvement
Street Committee examine work
Sidewalks laid to grade, etc
Top of curbstones is grade of street
• Council order temporary, sidewalk
Engineer to direct work, and all expenses of improve-
ment paid by abutting property
If owner neglects to lay sidewalk, engineer shall have
same done -
Recorder give notice of assessment
Recorder deliver resolution to Auditor
Auditor enter levy in "Assessment Book"
Treasurer give notice of assessment,
PAGE. SECTION.
2
3
91
92
92 3
92 4
93 5
93 6
93 6
93 6
94 6
94 6
94 7
94 8
94 9
95 To
95 II
95 12
95 13
96 14
96
97 2
97 2
97
97 4
98 5
99 6
99 7
99 8
Ioo 9
Ioo IO
Ioo 11
IOI 12
TOI 13
102 14
s
INDEX TO ORDINANCES.
Streets —Continued.
Council draw orders on Treasurer
Materials for certain sidewalks
Council may order sidewalks taken up
Engineer supervise work on sidewalks
Sidewalks, full width, when
Existing ordinances not affected
Streets and Sewers —Improvement and construction of,
under Chapter 14, Twenty-second Gen. Assembly
Cost of, assessable against abutting real estate
Contract let to lowest bidder, after to days advertisement
Engineer shall give the proper grades
Issue of bonds to pay for improvement
Manner of issuing and registering improvement bonds
Negotiation of bonds and report thereof
Proceeds of sale kept in "Improvement Fund"
City Auditor to keep account with Treasurer of money in
"Improvement Fund"
Completion of improvement, assessment of cost on abut-
ters, and street railways
Notice to Street Railway Company of resolution order-
ing.the improvement
Engineer to prepare plat of improvement in recorder's
office and publish notice thereof
Assessment of special tax
Assessment shall be a lien on property
Owner may pay special tax in seven installments, or en-
tire amount at any time
Collections from assessments be devoted solely to pay-
ment of interest and principal of bonds
Council may require abutting owners to agree in writing
to waive all objections to illegality or irregularity of as-
sessments
Mistake in description of property not to invalidate lien..
Provisions of this ordinance shall apply to all methods of
paving
Plans and specifications for brick paving to be approved
by paving committee; for macadam paving by street
committee
Committee to report to Council when contract com-
pleted
Street Railways —To pay expense of paving between tracks,
and one foot outside of tracks
XXXIX
PAGE. SECTION.
IO2 15
103 1
103 2
104 3
Io4 4
Io4 5
105
195
105 2
io6 3
ro6 4
io6 5
io7 6
Io7 7
Io7 8
To8 9
108 10
III 15
112 16
112 17
112 18
112 19
113
XL INDEX TO ORDINANCES.
Street Railways —Continued.
City Council shall provide for in resolution
Paving to be done at same time as rest of the street .
Resolution shall state manner of improvement and m -
terials to be used 114
Railway company shall keep in repair or reimprove
If railway company neglects to do the paving the Coun-
cil shall contract for the work 114
Notice to railway company of proposed special tax 114
Adoption of assessment list by Council, and collection of
assessment 115
Streets, Excavation Of —Prohibited, except permit therefor
shall be obtained from City Recorder ..116, 117
Refilling and replacing of pavements to be done under
supervision of and to the satisfaction of Sewer In-
spector 116, 118
All gas, water, steam heating, and other connections to be
made before paving of streets 117
All persons and companies required to take notice of
order of Council, 116
Application for permit to be in writing ....... • . ... 117
What application shall state 118.
Recorder to grant permit on deposit of indemnity, to be
countersigned by the Mayor 118
Recorder to keep record of permits, also blanks . for ap-
plication and permits 119
Marshal, Street Commissioner, Sewer Inspector -and all
police officers to take notice of any excavations, and
arrest persons making same unless permit shall be ex-
hibited 119
Contractors for sewers exempted from money deposit,
but money due on contract shall be retainer, -ntil pro-
duction of certificate from Sewer Inspector that street
has been restored to proper condition 120
Sewer Inspector to have excavations refilled and pave-
ments replaced without delay
Penalties
Streets, Protection Of —Width of wagon tires regulated
Streets, Sprinkling Of — Regulated. (See sprinkling of
streets 123
Streets, Obstruction of —Porch or railing not to extend
more than four feet 133
Cellar door kept shut and not more than five feet
114 ,
120
120
121 .
134
PAGE. SECTION.
r14 1
114 2
3'
4
5
2
6
2
3
4
6
7
8
9
10
2
XLI
Streets, 'Obstruction of —Continued. PAGE. SECTION.
Bow -windows not to extend more than 24 inches.... 134 3
Sign posts not to be on sidewalk —Notice to owner 134 4
Awning to be eight feet high, without posts 135 5
Merchandise, etc., not to be on sidewalk 135 6
Goods not cover more than three feet of walk 135 7
Show bills, etc., not to be on sidewalk 136 S
Marshal to remove obstruction 135 9
Not to drive over walks with horses or vehicles 136 10
Crosswalks kept free from horses, teams and vehicles 136 It
Horses not to obstruct walk by hitching 136 12
Stone or timber not to be on walk 137 13
Fine $i to $50
137 14
Obstruction of streets punished 137 15
Trees two feet from line 138 16
Injury to walks pnnished 138 17
Written permission from Mayor for opening under street 139 18
Lantern kept in open sewer as safeguard 139 19
Vaults to be brick or stone 139 20
Completed in time given by Mayor 139 21
Sidewalks cleared of ice and snow 140 22
Water pipes, construction of 140 23
Removal of gravel, penalty for 141 �4
Not to ride or drive on walk.. 141 25
Permit to remove building 141 26
Building not remain more than a day 141 27
Wagons not remain on walk 141 28
Builders obstructing streets 142 29
Encroachment on street �42 30
Encroachment removed in 3o days 142 31
Street Commissioner prosecute for violations 142 32
• Obstruction by branches of trees prohibited 143 33
Penalties • 143 33
Sub=divisions and Additions to city must be approved by
Council 441
Summoning of Jurors 92 3
Sureties —(See Official Bonds) 25 1-2
• Taxes —Assessment and collection of 169
Auditor to deliver plat of city to Assessor 170
Assessor to begin third Monday in January 171 2
Assessor to list and assess all property 171
Assessor to administer oath 171
What property to assess 172
Term "credit" defined 172
Who will assist Assessor. 173
Commission goods to be assessed 173
INDEX TO' ORDINANCES.
3
4
5
6
7
8
INDEX TO ORDINANCES
Taxes —Continued.
Other person's"property, how listed 173 9
Railway and bridge property 113 to
Roadbed not included 174 11
Telegraph property 174 12
Property listed January 1 174 13
Depreciated bank notes 174 14
Debts in good faith deducted 174 15
All personal property listed 175 16
Manufacturer defined 175 17
Money, notes and credits 176 18
Banking associations 176 19
When to account 176 20
Conform to act of Congress 177 21
Assessment completed Jan. 1 177 22
Unknown real estate 177 23
Assessor, neglect of duty 17tj 24
Committee on assessments 178 25
Auditor to give notice 178 26
Appeals to City Council .179 26
Council to fix water limits by resolution 179 28
Council levy tax by resolution 179 29
Auditor to transcribe assessment books 18o 30
Auditor deliver tax book to Treasurer 18o 31
Auditor may correct error in tax book 18o 32
Auditor mark on tax book "sold" 181 33
Treasurer to give notice for one month 181 34
Treasurer enter unpaid taxes 181 35
Treasurer to collect taxes 181 36
Treasurer to give notice when property "sold" r81 37
Treasurer certify to amount of taxes 182 38
Treasurer's receipt 182 39
Treasurer liable on bond • 182 40
Treasurer assess omitted property - 182 41
Owner assess omitted property 183 42
City warrants received• for taxes 183 43
No demand for taxes necessary 1S3 44
Five days' notice for sale of personal property 183 45
Resistance to Treasurer punished 184 46
When are taxes delinquent 184 47
Treasurer sell personal property 184 48
Continue to receive taxes 184 49
Treasurer give receipt i85 50
PAGE. SECTION.
INDEX TO ORDINANCES. XLIII
Taxes — Continued.
Auditor to keep account
Treasurer refund tax illegally paid,
When property to be sold
Notice given, how
Notice to be in official paper
Treasurer to collect 20 cents
When sale shall commence
Who entitled to purchase
Treasurer to sell from day to day...
Purchasers to pay, how much
Owners may pay before sale
Description in figures
Copy of advertisement
Auditor attend sales
Treasurer may adjourn sale
Officers not to purchase
Sale at other time
Certificate of purchase
Certificate of purchase assignable
Duplicate receipts
Property may be redeemed
Auditor to give certificate of redemption
Minors or lunatics, redemption when
May redeem through court
Time to give notice
Treasurer to make deed
Form of deed
Deed signed by Treasurer
Not to affect former sales
Error in sale corrected
Money refunded
Wrong name not invalid
Statute to govern
Money refunded to purchaser
Amendment of February 19, 1887
Assessor deliver blank to owner
Owner fill blank within five days 199
Failure of Assessor to perform duty 200
Council appoint assistant assessors 200
Assistant assessors, time of holding office 200
Duty of assistant assessors 201
Powers of assistant assessors ° 201
Assistant assessors under supervision of Mayor 201
Compensation of assistant assessors 201
City divided into districts 201
Basis of valuation 202
Provisions of other ordinances 202
Taxes prior to 187o cancelled 202
PAGE. SECTION.
185
185
186
186
186
186
187
187
187 59
187 6o
188 61
188 62
188 63
18,9 64
189 65
190 66
190 67
190 68
191 69
191 7o
191 71
192 72
192 73
193 74
193 75
194 76
194 77
a96
196
196
197
197
197
197
198
198
51
52
53
54
55
56
57
58
78
79
8o
81
82
83
84
2
3
4
5
6
7
8
9
so
Ir
2
XLIV INDEX TO ORDINANCES.
Tax on Dogs —(See dogs)
Taxes, Special — For improvement of streets and side-
walks
For construction of sewers
Teams, Running Away —To guard from. (See horses and
teams
Telephone. Exchange —(See Western Telephone Co.)
Telegraph Poles —(See North American Telegraph Co )...
Terms of Office Of appointive officers
Theatres -License of
Doors to open outward
Fireproof drop curtain
Doors dividing stage from dressing rooms to be fireproof
Ten Pin Alleys —License of
Tires —Of wagons, trucks, etc., width of (see wagon tires)...
Transient Merchants —To license, tax and regulate
Required to procure license
Applications for license, proceedings under
License refunded if party continues in business
License issued on statement showing amount of business.
Not to sell at auction
Mayorpro tem shall act in absence of Mayor
Traveling Physicians --Must procure license
Treasurer, City —Execute receipts to Marshal for money
Collect and keep money
Execute duplicate receipts
File monthly statements with Auditor
Keep account of receipts and disbursements
Submit accounts to Finance Committee
Pay out money only on order of Recorder
If no money in treasury, what
Is ex-officio collector of city
Turn over to successor books,' etc
Make final report to Council
Receive money from weigher,
Notify Marshal of suspension of auctioneer's license
Receive appraisement money
Give notice of special assessment
Sell property for tax
Tolls, High Bridge —(See Dubuque Pontoon Bridge Co.).
Trees, Shade —Destroying or injury, penalty for
Placing of on streets, regulated, trimming of
I00,
PAGE. SECTION.
241 1
I08
428
239
446
456
24
84
218
218
218
81
12I
264.
264
265
265
266
266
266
8z
39
41
41
41
41
41
42
42
42
42
42
67
77
90
102
129
405
148
138
7
1-2
I-2
8
16
2
2
12
1.
2
3
4
5
6
14
6
1
I
2
2
3
4
4
5
8h
8
14
5
11-16
16
t tf
INDEX TO ORDINANCES.
Undertakers= -Must obtain burial permit before burial
Uniforms —Of police
United States Electric Light and Power Company
Granted authority to erect poles and wires in streets
To be placed in alley when practicable
Not to obstruct street unnecessarily
Shall be liable for damages resulting fromoperating its
plant
Shall be in operation within three years
Union Slaughter House —(See Dubuque Butcher's Associa-
tion)
Vacation of Streets and Alleys —(See Streets, opening of)
Vacancy —In Judges and Clerks of Election
Vacation of Canal Street —From Iowa to Warren street
Of sidewalk on east side of White street from Fourth to
Sixth street, adjacent to freight depot of C., M. & St.
P..R'y
Of Commercial street
Of alley in block 2o, Dubuque Harbor Imp. Co.
Of Camp street—S. D. Ryan allowed to occupy
Of Tower street
Of Eagle Point road from Orange to Jackson street
Of Bell street between block 8 and block 9, in Dubuque
Harbor Improvement Co.'s addition.
Of alley in block 8, Dubuque Harbor Co 's addition, from
Jones to Dodge street
Vault Cleaners —License of, regulated
Vault, Privy Not less than 12 feet deep
Health Officer or Marshal may rder contents removed
Vaults under Streets and sidewa,Ks prohibited unless per-
mit obtained
Vehicles Meeting, shall turn to the right in passing
Viaducts —Under or over railway tracks, Council may order
Violation of Ordinances Prosecutions for
City Attorney and Marshal shall commence
Street Commissioner to prosecute for olistruction of street
Marshal shall report to Mayor
Voting at City Elections —In precinct where voter resides
Vouchers Auditor shall keep. and preserve
Wagon Bridge —(See Dubuque Pontoon Bridge Co.) High
Bridge
Wagon Tires —Width of regulated
XLV
PAGE. SECTION.
262
164
308
308
309
309
310
310
344
94
23
442
363
443-444
Add.... 447
348
268
270
269
270
436-439
228
438
139
147
406
256
256
142
37
21
42
399
I2I
3-4
2
3
6
14
II
15
7
8
5
r8
19
2
32
I
6
XLVI INDEX TO ORDINANCES
PAGE I ION
Wagons, Express —Hacks, etc.,. standing places of 415
Wagons, Drays, Etc. —License of 8o
Walls, Dangerous —(See dangerous walls) 219-220-221-222
Wards, Boundaries Of —First Ward r7 1
Second Ward r8 2
Third Ward r8 3
Fourth Ward 19 4
Fifth Ward 19 5
Division of, into election precincts 20
Water Works ---(See grant to S. Chamberlain and others)245
Water Limits —Fixed by City Council 179 28
Water Closets —Regulation of 157-438
Weigher, Public —(See public scales) 66 i
Weights and Pleasures —Inspector of 54 1
Appointment of 54
All weights and measures used in city by dealers, to be
sealed 54 2
Inspector shall seal according to legal standard 55 3
Shall inspect at least once a year 55 4
Fees of Inspector 55 5
Shall keep register of ail inspections 56 6
Western Telephone Co. —Granted right of way 449 1
May erect poles and wires, maintain a telephone 450 1
Exchange, setting of poles regulated 450 2
Poles shall npt interfere with water, gas, drain or sewer
pipes —Shall be adjusted to grades 450 2
Rights shall not be exclusive 450 3
City may use poles for fire alarm system, and shall have
free use of three telephones, and all additional tele-
phones needed for city use at half rates 451 4
Telephone Co. shall be liable for all damages 451 5
Forfeiture clause 452 6
Franchise shall continue for zo years 452 7
Wharfage —(See Public Landing) 52
Width of Sidewalks —On Pearl street to be 8 feet wide267
On Burch street to be 6 feet wide 269 7
On Eagle Point avenue, from Couler Creek to Windsor
avenue, to be to feet wide 269 9
On Windsor avenue, from Eagle Point avenue to south
line of Stafford's add., to be to feet wide 269 10
On Third street, from Summit to Alpine, to be 8 feet wide 269 8
On south side of Third street, from Hill to Alpine, to be
zo feet wide 269 12
INDEX TO ORDINANCES. xLVII
Width of Sidewalks —Continued. PAGE. SECTION.
Width of Tires of wagons, trucks, etc., regulated 121
Wooden Buildings —(See Limits of Fire District) tog 2
Wood Market —Establishment of 62
Wood inspector ---Appointment of 68
Wood —Measurement of, regulated 69
NO. 2.
INDEX TO 7:UPPENDIX.
(Containing City Charter, Subsequent Amendatory Laws of Iowa and Acts of Congress.)
PAGE. SECTION.
Abandonment of city charters 16-5o
Acts of Congress —
An act laying off the town of Dubuque 104
An act authorizing the City of Dubuque to enter cer-
tain lands 105
An act granting levees to City of Dubuque ro6
Actions for violations of city ordinances (Sec. 24 of charter)13
Additions to city (Sec. 23 of charter and chapter 53 of Eigh-
teenth General Assembly 13-38
Additional powers to cities (Secs. 454 to 479 of Rev. Code)19
Additional powers to cities (chapter 89, Nineteenth General
Assembly
Aldermen —How elected and qualifications of (Sec. 5 of
charter)
Assessor —Elected annually (chapter 27, Twenty-second Gen-
eral Assembly) • 61
. Assessments —If invalid, may be re -assessed (chapter 44,
Twenty-second General Assembly) 68
Attorney, City —Duties of (Sec. 16 of charter) 11 16
Auditor —Duties of (Sec. 13 of charter) 10 13
Australian ----Election law (chapter 33, Twenty-fourth General
Assembly)
Board of Health —Generally (chapter 151, Eighteenth Gen-
eral Assembly)
Board of Health —In special charter cities (chapter 168, Nine-
teenth General Assembly)
Bonds of City —Issue of, to pay for street paving
Boundaries of City —(Sec. 1 of charter)
Bridge Fund —Cities shall have full control of (chapter 16,
Twenty-second General £ssembly) 63
Bridges —Aid in construction of (chapters 13 and 173, Twenty-
first General Assembly) 161
Charter of City of Dubuque
Charges against officers (Sec. 26 of -charter) 13 26
City Limits —Extension of (chapter 158, Twentieth General
Assembly) 16
49
5
79
41
51
97
3
3
24
5
6
4-5
INDEX TO APPENDIX.
Acts of Congress—Conti/med.
Council —Member of expelled (Sec. 27 of charter)
Code of Iowa —(Chapter 1o, title 4—Secs. 454 to 479)
Election of Officers —(Sec. 4 of charter)
Elections —Manner of holding (chapter , 33, Twenty-fourth
General Assembly)
Equalization of Assessments —(chapter too, Eighteenth Gen-
eral Assembly)
Fees of Officers —(Chapter 56, Seventeenth General As-
sembly)
Filling and Draining of stagnant water ,lots —(chapter 9o,
Nineteenth General Assembly)
Fire Department, special tax for (chapter 171, Twenty-first
General _Assembly) '
'Grading —Council may levy special tax for (Charter)
Grades —Change of, proceedings, Secs. 8 to 11, Sixteenth
General Assembly
Grant to the City of Dubuque (chapter , Seventh General
Assembly)
Health of City -Council may make regulations to se-
cure (Sec. 7 of Charter) paragraph 27,
Health —State Board of (chapter 151, Eighteenth General As-
sembly
Health —Board of, in cities under special charters (chapter
168, Nineteenth General Assembly
Indebtedness —Refunding of (chapter 19, Twenty-second Gen-
eral Assembly)
Limits of City —Extension of (chapter 47, Sixteenth General
Assembly, and chapter 158, Twentieth General As-
sembly
Marshal —City, powers and duties of (Sec. 14 of charter)
Council may provide for terms of two years (chapter
93, Twenty-first General Assembly.
Mayor —Powers and duties of (Sec. 11 of Charter)
Council may provide fora term of two years
Nuisances —Power of Council to abate (Sec. 7 of Charter)
Numbering of Houses —Council may provide for
Officers —City, elective, terms of office (chapter 93, Sec. 3,
Twenty-first General Assembly, and Chapter 27,
Twent y-second General Assembly
Officers —City, appointive (Sec. 3-of Charter)
Ordinances —When to take effect by publication (Sec. 8 of
Charter)
57-67
XLIX
PAGE. SECTION.
14 27
19
4
79
40
36
48
12
33
17
9
16 2
10 14
57 3
To II
57
6 7
35 TT
4 3
9
1. INDEX 7'(. APPENDIX.
Acts of Congress —Continued. PAGE. SEGTIO\
Ordinances —Printed copies, and transcripts of, admissable in
evidence (Sec. 3720, Revised Code, made applicable by
chapter 93, Sec. r, Twenty-first General Assembly)57
Parks and Park Commissioners, (Chapter 151, Twentieth
General Assembly 16
Policemen —To be appointed by Mayor. (Chapter 23, Twen-
ty-second General Assembly) 67
Powers of City Council, granted by City Charter 5-14
Public Works —City may establish. (Chapter 4, Taenty-
fourth General Assembly 103
Recorder, City —Duties of. (Section 12 of Charter) 10 12
Registration of voters 69
Refunding city indebtedness. (Chapter 19, Twenty-second
General Assembly 63
Salaries —Fixed by Council. (Section 7 of Charter) 6 7
Sewers. (Chapter 54, Sixteenth General Assembly, 27
Special tax for filling lots 48
Special tax for grading, paving or macadamizing streets, alleys,
etc. (Charter) 12 21
Special tax for improving streets, alleys, etc. (Revised Code) 22 466
Special tax for constructing sewers. (Chapter 54, Sixteenth
General Assembly) 27
Special tax for removing snowand ice 62
State Board of Health 41
Stagnant water —Prevention of 48
.Terms of Officers —Elective. (Chapter 93, Section 3,Twenty-
first General Assembly, and Chapter 27, Twenty-second
General Assembly) 57-67
Terms of Officers —Appointive. (Section 3 of Charter) 4 3
Treasurer, City —Duties of (Charter) 11 15
Vacancies —Filled' by Council 6
Veto -Mayor empowered to 59
Voters —Registration of 69
Warrants, City —Manner of issuing and paying. Chapter 3,
Twenty-second General Assembly 59
Waterworks. (Revised Code) 23 471