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1881 August Council Proceedings the minutes of the July sessions were read and approved Petition of John D Bush to refund overtax on lot 601 East Dubuque of 1871 was referred to the committee on claims and city attorney Petition of James Mulligan asking to be refunded wholesale liquor license of 1873 was referred to the committee on claims the petition of Dolan and Langworthy to be allowed to py one half of the amount of personal assessment for receipt in full was referred to the delinquent tax committee to report in the afternoon Petition of Ann McLaughlin to cancel her tax for 1880 on lot 39 Kelly's addition was referred to the committee on delinquent tax Petition of Catherine Newhouse to cancel tax of 1880 lot 454 was referred to the same committee Petition of Mrs F Herbst for a reduction of butcher license was referred to the committee on markets Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Absent - Alderman Altman The petition of Albert Kulas et al for abatement of a nuisance on 14th street sewer was referred to the committee on streets The petition of J W Hoffmann et al to abate a nuisance on Iowa between 7th and 8th street being obnoxious smell from stables was referred to marshal to take action necessary thereon Petition of Frank Parson to set curbstone was referred to the committee on streets the petition of C H Mead et al for posts to be erected along the levee ws on motion of ald Altman received and filed The petition of J D Callahan and others to abate a nuisance near the Chicago Milwaukee and St Paul Railroad machine shops was referred to the executive committee of the board of health with the marshal The petition of John H to improve 22nd st from Couler Aavenue to elm St was referred dto the committee on streets the petition of F Agnew to improve Harrison St was referred to the same committee the petition of Catherin farrell to construct a wall on dodge street was referred to the same committee Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Absent - Alderman Altman the remonsterance of H A Schimk and others against improving Bluff Street was referred to the committee on streets to report upon at the afternoon session the petition of Mary Shannon to cancel her tax of 1880 on Min lot 59 N 29 ft was referred to the committee on delinquent tax the petition of Bridget Burke to cancel her tax of 1880 on lot Nos 10 and 11 Levis Addition was referred to the committee on delinquent tax the petition of L Duccini to cancel his tax of 1880 on 297 east dubuque was referred to the same committee The petition of D G Scott et al for a lamp on third street Hill was referred to the committee on police The petition of James McBride for a correction of assessment of tax 1878 on lots 13 14 and 15 S MLangworthy Addition was referred to the committee on delinquent tax the petition of M Dewslot et al to open an alley in Corkery's subdiviion was referred to the committee on streets and engineer The petition of A Haisler asking payment of $3.00 was granted an on motion of ald Rath recorder was instructed to draw an order for said amount the petition of chas Anderson calling attention to Dodge Street was referred to the street committee The petition of H Miller for a sidewalk on eagle point avenue was referred to the street committee Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Absent - Alderman Altman the petition of Margaret Jordan was read It was moved that it be referred to the committee on delinquent tax Amended by Ald Kavanaugh to receie $100 in full for special tax and that the regular tax of 1880 be cancelled the yeas and nays were had upon the amendmnt as follows yeas Ald clancy foley kavanaugh and rath 4 Nays Ald Altman crawford doerfler and jones 4 The mayor voted in favor of the amendment and then declared it adopted Petition of Klein and Schoeder to be permitted to erect a frame structure ws referred to the committee on fire with power. the petition of Chamberlain Peron company for remission of taxes for eight years was referred to the committee of the whole. The petition of Ann Egan to fill up to grade a low place along the sidewalk in front of lots 14 and 15 of subdivision mineral lot 79 on 5th street was referred to the committee on streets Communication of H Limbeck Assessor stating that the assessment roll of 1881 was ready except marking up water tax was received and filed Street commissioner reported $2490.30 expended during july to street committee Auditor reported salaries for July at $1260.70 report received and filed and several claims ordered paid Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Absent - Alderman Altman the recorder reported having issued licenses during the month of July amounting to $3427.00 report received and filed The city engineer reported on the petition of John conlin et al recommending the riprapping of a portion of the slope along petitioners property at an expense of $35.00 referred to the street committee The city marshal reported the sum of $1118.35 required as pay for the police for July he also reported 59 arrests and collected $1.00 as fines returned by justice Hoerner for which was attached receipt of treasurer report received and filed and several claims ordered paid The marketmaster reported having weighed 93 drafts on the market house scales during July. Amount collected $13.58 receipt of measurer attached for board prisoners and lodgers $9.00 report received and filed and claim of market master ordered paid N C Ryan reported having weighed 90 drafts during the month of July. Amount $13.50 receipt of treasurer attached for $2.00 being 15 percent due the city report received and filed Charles Pitschner reported that he had weighed 50 drafts during July Gross receipts $7.30 receipt of treasurer attached for $1.10 being 15 percent due the city report received ad filed Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Absent - Alderman Altman Frank Fosselman reported having weighed 92 drafts in the Fifth Ward scales during the mnth of July. Gross receipts $13.00 rceipt of treasurer attached for $2.00 being 15 percent due the city report received and filed Wm Kenig reported the number of dogs captured in June at 2 and in July at 24. Three had been redeemed and 21 were killed Receipt of treasurer attached for $5.75 collected from impounding of animals report received and filed Lamplighter reported the number of lamps lighted during the month of July at 186. One of which was used but one half of the month. report received and filed Wm Warring wood measurer reported having measured 843 cords of wood during the month of July and received $27.80 report received and filed Report of Justice Duffy was read and referred to the committee on police to report upon at the afternoon session Council then adjourned to 2 o'clock pm Afternoon session Met at 2 Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath report of justice Hoerner was read for July and on motion referred to the committee on police to eamine and report upon Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath The communicatiom of Martin and Strane contractors asking to be allowed for 210 cubic yards claimed due them for work done on Seminary Street was referred to the committee of the whole the committee on ordinance presented an ordinance entitled an ordinance to amend an ordinance entitled an ordinance to provide for the registration of births deaths burials and contagious diseases on motion the ordinance was adopted rules were suspended by the following vote Yeas ald crawford doerfler fengler foley herod jones kavanaugh and rath 8 nays none Committee on claims reported on the bill of John Maclay and co of $16.70 to pay same report adopted Same committee reported on the petition of C H Meyer recommending that the recorder be instructed to draw an order for the sum of $34.65 Same committee reported in favor of paying claim of John McCoy of $12.85 report adopted the executive committee of the board of health reported on the nuisance complaned of on city lot no 558 to the effect that the said nuisance had been attended to and the water ordered to be drained report adopted Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath the committee on streets reported on the report made by the city engineer on Emmet street recommending that the filling on said street be done when Bluff street is graded and the grading deposited on Emmett Street report adopted Same committee reported on the petition of Euegene Flynn and others recommending that the remonstrance be received and filed a the improvement of seminary street had been indefinitely postponed. Report adopted Same committee reported on the petition of John Mcgrether and leopold Voulker recommending to receive and file the same asking to set curbstone report adopted Same committee reported on the petition of N H Schilling recommending that the street commissioner be instructed to fill up the ditch in the rear of his lots on couler avenue report adopted Same committee reported on the petition of S M Langworthy to the effect that the repairing of 16th street sewer had already been completed report adopted Same committee reported on the petition of John Dury et al recommending that the street commissioner be instructed to repair the gutter petitioned on in such a manner as to allow the water to run into the sewer report adopted Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath The same committee reported that the crossing on 14th street sewer was repaired and roller removed. report adopted the same committee reported on the petition of Mrs Bridget Keogh advere to the prayer as the contractor had almost completed the work and that the epense in chanring the plan of the street would be too great to justify the proposed widening of the street report adopted The same committee reported on the petition of George W Jones recommending that the street commissioner be instructed put Cox street in passable condition report adopted The same committee repoted on the Windsor Avenue sewer to the effect that the repair was now in progress report adopted The came committee reported on te petition of John Deery for manage of grade of 17th street recommending that the prayer of the same be granted and that the city engineer be instructed to prepare a profile of the proposed grade and to submit the same to the city council for adoption report adopted The same committee reportd on the petition of H C Durrah as follows that the prayer be granted and that the marshal be instructed to take the proper steps to abate the nuisance at once report adopted Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath The same committee reported on the grade of Sanford street recommending that the red line on the profiles of Sanford Street from Prince street to Windsor avenue of Queen Street from sanford street to eagle point avenue of prince street from sanford st to eagle point avenue and of regent street from prince st to windsor avenue be adopted as the official grades of said streets report adopted The same committee reported on the grade of Iowa street recommending that the change of grade as shown on the red line of the profile of Iowa Street from Seminary Street north be declared as the official grade of said street report adopted The same committee reported that they had advertised for bids for 1,000 yards of macadam report approved and adopted The same committee reporrted that the tile pipes for 16th street sewer was on the ground and that the same would be laid as soon as practicable. report adopted The same committee reported on the change of grade of Seminary street as follows That the engineer be and is hereby instructed to make a profile of the proposed change of grade on Seminary street and to submit the same to the council report adopted The same committee reported adverse to the prayer of the petition of Mrs. mary Hogan for repairs report adopted The same committee reported adversely on the petition of H A Schunk et al protesting against the improvement of Bluff street from Jones to pt sts report adopted Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath the same committee reported adversely on the petition of J H Morgan as he had received more than the amount due him for the improvement of seminary street report adopted The committee on ordinances and the executive committee of the board of health reported on the resolution offered by Ald Rath to adopte the state board of health certificates of births and deaths and that they be transferred every month to the county clerk recommending that the resolution be adopted and to instruct the committee on ordinances to draft an ordinance to comply with said resolution. report adopted the committee on ordinances reported on the communication of the engineer recommending to receive and file the same and that the recorder be requested to have permit plans printed for the use of the engineer report adopted The committee on harbors reported on the petition of George Smith for a bath house at the foot of 3rd St recommending that the petition be received and filed report adopted the committee on streets having approved the report of the street commissioner the recorder was requested to draw order to pay the different amounts due report adopted and pay Reported on teh petition of Margaretta Graff for damages, adverse to the claims report adopted the same committee repoted that through instructions received from the council a fire plug had been placed on west eagle point avenue report adopted Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath The same committee reported on the petition of James Halloran et al to abate a nuisance recommending that the petition be received and filed. report adopted Ald herod chairman of the committee on finance reported having sold the $500.00 Sioux City Railroad bond to Mr. maurice brown for $400.00 as per order of council. report adopted The committee on fire reported that the bill of John McCoy for $29.85 was correct and recommended its payment report adopted Ald clancy moved that the sum of $25.00 be paid Alds foley and doerfler as expenses they had incurred while engaged purchasing a horse for the fire department adopted Ald doerfler reported as follows in that the committee had attended to the purcahse of a horse for the use of the fire department paying therefore the sum of $225.00 action approved The committee on police reported on the report of justice duffy for the month of June to the effect that the same was correct and recommended it be received and filed report adopted the committee on delinquent tax reported on the petition of dolan and langworthy to the effect that the statement made in the petition was correct and recommended that the sum of thirty dollars be accepted for payment for the taxes due for the year 1880 as a full and satisfactory settlement report adopted Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath the same committee reported adversely on the petition of J H Morgan as he had received more than the amount due him for the improvement of Seminary street report adopted the committee on ordinances and the executive committee of the board of health reported on the resolution offered by Ald Rath to adopt the state board of health certificates of births and deaths and that they be transfered every month to the county clerk recommending that the resolution be adopted and to instruct the committee on ordinances to draft an ordinance to comply with said resolution report adopted the committee on ordinances reported on the communication of the engineer recommending to recieve and file the same and that the recorder be requested to have permit plans printed for the use of the engineer report adopted The committee on harbors reported on the petition of George Smith for a bath house at the foot of 3rd st recommending that the petition be received and filed report adopted the committee on streets having approved the report of the street commissiner the recorder was requested to draw order to pay the different amounts due report adopted and pay the committee on fire reported on the petition of Margaretta Graff for damages adverse to the claims report adopted the same committe reported that through instructions received from the council a fire plug had been placed on west eagle point avenue report adopted Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath The same committee reported on the petition of James Halloran et al to abate a nuisance recommending that the petition be received and filed report adopted Ald Herod Chairman of the committee on finance reported having sold the $500.00 sioux city railroad bond to Mr. maurice Brown for $400.00 as per order of council report adopted The committee on fire reported that the bill of John McCoy for $29.85 was correct and recommended its payment report adopted Ald Clancy moved that the sum of $25.00 be paid Alds Foley and Doerfler as expenses they had incurred while engaged away purchasing a horse for the fire department adopted Ald Doerfler reported as follows that the committee had attended to the purchase of a horse for the use of the fire department paying therefore the sum of $225.00 Action approved The committee on police reported on the report of Justice Duffy for the month of June to the effect that the same was correct and recommended it be received and filed report adopted The committee on delinquent tax reported on the petition of Dolan and Langworthy to the effect that the statement made in the petition was correct and recommended that the sum of thirty dollars be accepted for payment for the tasks due for the year 1880 as a full and satisfactory settlement report adopted Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath The same committee reported adverseley to granting the petition of Mrs. Henke asking to cancel her tax for 1880 report adopted The same committee reported adversely on the petition of Mary Mullins asking to cancel her tax for 1880 report adopted The same committee reported on the petition of Catherine Sand recommending that her tax of 1880 be cancelled report adopted The committee on delinquent tax reported on the petition of Agens Turner recommending that her tax of 1880 be cancelled report adopted The same committee reported adversely on the petition of Mary F Levens asking to cancel her tax of 1880 report adopted The same committee reported on the petition of Mrs. Margaret Donohue recommending that her tax for the year 1880 be cancelled report adopted Ald Foley presented the following which was referred to the street committee resolved by the city council of the city of dubuque that a crossing be placed at the corner of 4th and clay streets west side Ald foley also presented the following which was referred to the committee on harbors resolved by the city council of the city of Dubuque that the levee in front of steamboat landing be taken up and macadamized to at least 50 feet east from curbstone towards the water it being almost impossible for teams to haul up over it in its present condition Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Ald Foley offered the following be it resolved by the city council of Dubuque that the engineer be instructed to make a suvey of a proposed street from Dodge Street to Peabody Avenue and to prepare a plat of same to be submitted to this council at its next regular session. Also to make an estimate of putting the same in a passable condition with the names of the owners of land proposed to be taken with the quantity of land proposed to be taken from each referred to the street committee Ald Crawford offered the following whereas it is absolutely essential in order to prevent an increase in the present rate of taxation that the utmost economy possible should be exercised in all departments of the city government be it therefore resolved that the street commissioner be and is hereby instructed to limit the expenses on street improvements and repairs under his supervision to the sum of $1500.00 for the month August and also for each subsequent month during the present season until otherwise ordered by this council resolution adopted Ald Fengler offered the following resolved by the city council of dubuque that the street commissioner be and is hereby instructed to notify the chicago milwaukee & St Paul Railroad company to plank their railroad crossings on fifth sixth and seventh streets according to ordinance resolution adopted Ald fengler offered the following resolved by the city council of Dubuque that an order for $720.00 be drawn on the city treasurer in favor of Martin and Strane for grading done on Fourteenth street west of Cox street resolution adopted Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Ald fengler offered the following be it resolved by the city council of the city of dubuque that the improvment of seminary street ordered at the regularsession of the city council be indefinitely postponed resolution adopted Ald fengler offered the following resolved by the city council of Dubuque that an order for $992.68 be drawn on teh city treasurer in favor of Martin and Strane for the balance due them for grading and building the wall on Seminary Street resolution adopted Ald Fengler offered the following be it resolved by the city council of Dubuque that the change of grade as shown by the red line on the accompanying profile of Iowa street from Seminary street north the written consent of abutters being attached be declared the official grade of said street the yeas and nays were had upon the resolution and the same was adopted buy a unanimouse vote as follows Yeas ald altman clancy crawford doerfler fengler foley jones kavanaugh and rath Ald Herod Mayor Pro tem being in the chair Ald Fengler offered the following be it resolved by the city council of the city of dubuque that the red lines on teh accompanying profiles of Sanford Street from Prince Street to Windsor Avenue of queen street from Sanford Street to Eagle Point Avenue of prince street from Sanford Street to EAgle Point Avenue and of Regent street from prince street to windsor avenue be declared the official grades of said streets respectively adopted by a full vote as follows yeas ald altman clancy crawrford doerfler fengler foley jones kavanaugh and rath Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Alderman fengler offered the following resolution be it resolved by the cit council of dubuque that the street commissioner be and is hereby instructed to take up the sidewalks belonging to the city on the west Locust street Ald Fengler moved to adopt the resolution Amended to lay the resolution on the table. The yeas and nays were taken on the amendment which was rejected three to seven as follows yeas Ald crawford herod and kavanaugh 3 Nays Ald altman Clandy Doerfler Fengler Foley Jones an dRath 7 The resolution was then adopted as per motion of Ald Fengler Ald Fengler offered the following resolved by the city council of the city of Dubuque that a sidewalk four feet wide of no 1 two inch plank be within 2 days of this notice constructed and laid in conformity with the ordinance in relation to the sidewalks on teh south side of Eagle Point Avenue between washington street and the Couler Creek or on the north side of lot 100 Ald Fengler moved that the resolution be adopted The yeas and nays were taken and the resolution was adopted by a unaminous vote as follows Yeas Ald altman clancy crawford doerfler fengler foley herod jones kavanaugh and rath Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Ald Fengler moved that action be reconsidered which was had upon the resolution at the July session to improve Seminary street 80 feet west etc carried and the improvement postponed indefinitely Ald fengler offered the following resolved by the city council of Dubuque that the street commissioner be and is hereby instructed to place the alley between 15th and 16th streets from washington to Jackson streets in a healthy condition at an expense not to exceed $35.00 resolution adopted Ald Fengler offered the following wich was referred to the committee on claims and the attorney resolved by teh city council of the city of Dubuque that to pay for laying a sidewalk per order of the city council by Tuttle Bros contractors in front of and adjoining the same a tax be and is hereby levied on the several lots and parts of lots and parcels of real estate herein after named situate and owned and for the several amouns set opposite each lot or parcel of real estate as follows DJ Hennessy City lot 275 $250.50 Same was offered the following which was adopted resolved by the city council of the city of Dubuque That to pay for curbing guttering and macadamizing 19th street from couler avenue to white street by W H Rebman contractor in front of and adjoining the same a special tax be and is hereby laid on the several lots and parts of lots and parcels of real estate hereinafter named situate and owned and for the several amounts set opposite each lot or parcel of real estate Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath as follows N Muntsch N 2/5 city 436 162.60 Francis Jaeger S71 feet city 437 Ald fengler offered the following which was adopted resolved by the city council of the city of Dubuque that to pay for guttering and macadamizing Wilson Avenue from Julien Avenue to Eighth Street by Spear and Lee contractors in front of and adjoining the same a special tax be and is hereby levied on teh several lots and parts of lots and parcels of real estate herein after named situate and owned and for the several amounts set opposite each lot or parcel of real estate as follows Wm L Bradley Co Lot 1 Wilsons Subd M J Farley Lot 32 Wilsons Subd Robert Armstring Lot 3 Mobleys Dub D A Mahony's Est Lot 5 Mobley's Dub John Bell Lot 3 of Lot 9 Collins Subd John Harms Lot 2 of Lot 9 collins Subd Mrs. B Keogh Lot 1 of Lot 9 Collin's Subd John Bell Lot 5 of Collins Subd D A Mahony Est Lot 6 of Collins Subd Mrs B Keogh Lot 1 of Lot 7 Collins Subd Lot 8 of Lot 7 Collins Subd Francis mangold Lot 2 of Lot 2 of Min Lot 79 Francis Mangold Lot 1 of Lot 7 Collins Subd Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Ald Fengler offered the following which was adopted resolved by the city council of the city of dubuque that to pay for curbing guttering and macadamizing seminary street from 17th street to Iowa street by Martin and Strane contractors in front of and adjoining the same a specail tax be and is hereby levied on teh several lots and parts of lots and parcels of real estate hereinafter named situate and owned and for the several amounts set opposite each lot or parcel of real estate as follows German Presbyterian Seminary lot 7 of outlot 675 W H REbman lot 1 of lot 1 of lot 4 Langworthy's subd or M A Rebman's subd J H Trieb lot 2 of lot 1 of lot 4 Langworthys subd or M A Rebman's subd W H Rebman Lot 3 of lot 1 of lot 4 Langworthy's subd or M A Rebman's subd W H Rebman Lot 4 of lot 1 of lot 4 Langworthy's subd or MA Rebman's subd Lance Duncan Lot 2 of lot 8 Langs Subd lot 2 of lot 4 Geo C Rath Lot 5 Langworthy's dubd Nic Brandt Lot 3 of outlot 675 Lot 4 German M E Church Lot 5 of outlot 675 lots 11 of 438 439 and pt 676 Adam Vogel lot 6 of outlot 675 Catherine Borgheiser lot 1 of outlot 675 Joseph Therman lot 2 of outlot 675 Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Ald Fengler offered the following resolutins resolved by the city council of the city of dubuque that to pay for macadamizing alley from thirteenth to fourteenth between white and jackson streets by W H Rebman contractor in front of and adjoining the same a specail tax be and is hereby levied on the several lots and parts of lots and parcels of real estate hereinafter named situate and owned and for the several amounts set opposite each lot or parcel of real estate as follows Francis Paren S 45 city 482 J Strane M 1/5 City 482 Josephine Wasser N 1/2 N M 1/5 city 482 Chas Weber N 1/5 482 City F Kleinschmidt N 1/5 city 495 Jacob Kratz N M 1/5 city 495 J Strane S 1/2 N M 1/5 482 Jacob Plapp S 3/5 City 495 Resolution Adopted The committee on ordinances reported upon the resolution offered by Ald Rath recommending that a franchise be given the electric light company and that the commtitee on ordinances with the city attorney be instructed to draw up an ordinance for the said electric light company report adopted Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Ald Crawford offered the following whereas it is important that the question of the continued operating of the west dubuque and hill street railway should be definitely settled as soon as possible in order that the owners of said railway may feel justified inmaking the necessary expenditures of money required to put the tracks cars and engines in complete repair and condition so as to render them entirely safe for the large amount of travel on said line of railway and whereas on the 6th day of June last the question as to the liability of the city of Dubuque for all damages occasioned by the operation of said railway was referred to the city attorney in connection with two other legal gentlemen for their opinion on the same and two months have now elapsed without any report on said question. And whereas the city attorney the legal advisor of the city council has separately given his opinion that the city is not so liable while the said railway is operated under the charter granted by the city and confirmed by the legislature of iowa be it therefore resolved that the action of the council referring said legal question is hereby rescinded and revoked resolved further that the resolution of this council adopted on teh 2nd of May 1881 declaring said railway a nuisance and the contract authorizing the construction and operation of the same to be forefeited be and the same is hereby annulled and rescinded and declared of no force and effect and that the west dubuque and hill street railway company or their legal representation be reinstated in all the rights and privledges granted by the city of Dubuque in its original contract with said city Ald Crawford moved Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath that the foregoing resolution be adopted Amended by Alderman Fengler that the resolution be laid on the table the yeas and nays were called upon the amendment and resulted as follows yeas ald altman, clancy, doerfler, fengler, foley, jones and rath 7 nays ald crawford herod and kavanaugh 3 the amendment was decided and carried Ald Fengler then moved that the existing committee of legal genglemen heretofore appointed be dismissed and that Messers W J Knight D E Lyon with Attorney J H Shields be appointed instead for the purpose of submitting their written opinion on the motor position Ald Crawford amended to continue the committee already appointed yeas and nays were taken upon the amendment as follows yeas ald clancy crawford herod kavanaugh and rath 5 nays ald altman doerfler fengler foley and jones 5 it being a tie Mayor in favor of the amendment and then declared it carried the committee being instructed to report August 16 1881 Ald jones offered the following which was adopted be it resolved by the city council of the city of dubuque that the city marshal be and is hereby instructed to enforce the ordinance in relation to buildings ald herod offered the following which was adopted be it resolved by the city council of the city of dubuque that the committee on fire with the city engineer be instructed to relocate and extend the fire limits in accordance with the present existing hydrants and report their work to this council two weeks from date Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Ald Herod offered the following resolved by the city council of the city of dubuque that the city recorder be instructed to draw an order in favor of Pollock and mcNulty for $75 as part payment in the case of Coulin vs the city of dubuque Resolution adopted Ald Herod offered the following resolved by the city council of the City of Dubuque that the city treasurer be instructed to take up loan arrants nos 1330 1331 1332 issued August 2 1880 to Mary S Blake for two thousand dollars each and bearing 7% interest per annum and to pay the interest accrued thereon And be it further resolved that the city recorder by directed to issue new warrants for same amounts in their place to run six months from August 2 at the rate of six percent interest per annum resolution adopted ald Herod offered the following resolved by the city council of the city of Dubuque that the finance committee be and are hereby instructed to borrow the sum of $800.00 to pay last month's expenses of the city amount due contractors and interest on warrants due this date resolution adopted On motion of Ald Herod it was ordered that the recorder be directed to instruct the city marshal to dismiss the persons employed by the city in the capacity of dog catchers Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath The following bills were read and ordered paid Telephone Ex Co T E Frith J W Newburgh Bluckner and Post Doerfler & foley Morrison Bros W H Rebman D A Gehrig F E Moser Mrs Schwatka P Clancy L B Tuttle C McElrth Dubuque Water Co E V Hayden C McElrath Mrs Koenig John Hamm Adam Doerr Dubuque Times Key City Gas Co Dubuque Daily TelegraphJohn Bower McLaughlin Reilly N H Thedinga Illinois Central R R Co Peter Olinger Key City Hook & Lad Co Sol Turck Hose Co Fifth Ward Hose Co J K Graves Hose Co C W Robison C H McMaster D D O'Connell John Kleik Junkermann & Haas Robert Jess Tuttle Bros A G McDonald F Roehl John Maclay D Meauer Vogel and Ferguson Key City Gas Co D W LInehan Dr. Asa Horr Larry Daly C A Voelker Joseph Geiger P C Foley Wm Koenig C McElrath L B Tuttle Jacob Kruntz James Crawford M Mahony John McCoy Chas Hollnagel John Bower Morrison Bros Hansen and Linehan North W G Gas L Co J W Coy Dubuque Herald Hansen & Linehan Key City Iron John Eichhorn P McGregor Wm Foley M Stag Harvey and O'Connor The bill of Morrison Bros of $3.30 for labor performed on the street frontage was referred to the committee on streets Regular Session August 1, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath The bill of J F Conant for $4.00 for hauling lumber was referred to the commitee on streets the bill of T O'sullivan for $690.80 was read and on motion the recorder was instructed to draw an order in favor of Mr Sullivan for $200.00 The balance ofbill was then referred to the committee of the whole The bill of Henry Lembecke for $500.00 was also read two hundred dollars allowed and the balance of bill referred to the committee of the whole The bill of Morrison Bros of $4.10 for repairs to Sol Turck Engine House was referred to the committee on fire the bill of Farley Loetscher and Co $2.50 was referred to the committee on fire The bill of Iowa Iron Works Co of $7.67 was referred to the committee on fire Bids for work on streets were opened read and referred to the committee on streets and the engineer with instructions to report in 30 minutes The committee to whom said bids were referred reported that no report could be prepared and the report was deferred to August 16 1881 Ald Doerfler moved that the recorder be instructed to notify the telephone ex company to discontinue the charge in their monthly bill against the city of the use of a telephone meter the head and style of street commissioner or executive committee of the board of health adopted adjourned attest martin Kane Recorder Adjourned Regular Session August 16, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath The city council met at 9:30 am Mayor stated that the object of the meeting of the council was to hear the report of the committee appointed for the purpose of examining into the question of the liability of the city for damages occasioned by the operation of the west dubuque and hill street motor railway and also to consider the report of the committee on streets upon the bids referred to them at the regular session in August 1st J H Shields City Attorney Chairman of the said special committee reported as follows which report was on motion of Ald Crawford ordered spread upon the records To the city council Genglemen At a former meeting of the council the question of the liability of the city for damages arising from the operation of the west dubuque and hill street railway company was submitted to myself with messrs knight and henderson with the request that the opinions upon the matter in controvery be submitted before the matter was so submitted I gave it a thorough investigation and have been at all times ready to report thereon I am informed that Col Henderson for reasons whilch he deems sufficient and which I also deem sufficient has declined to act. When a gentleman whose gratituous services are asked in a judicial capacity is accused by the party soliciting the favor of acting the parts of judge and attorney at the same time he cannot do less than decline to serve. Mr. Knight is not ready to report an opinion and in Adjourned Regular Session August 16, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath explanation has sent me a communication which I herewith submit I still adhere to my former opinion upon the question submitted. A municipal corporation cannot be made liable for damages arising from the operation of railroads upon its streets when the right to grant such a franchise is given the corporation by law. the legislature of Iowa has legalized the ordinance of this city passed April 27, 1877 granting to said railroad the right to operate is road upon certain streets and the city of Dubuque cannot be held liable for the exercise of such right by said company respectfully J H Shields City Attorney The following from W J Knight was read and received and filed James H Shields Esq Dear Sir since you notified me on Thursday last of the meeting of the council to be held on tomorrow to consider the motor question which was the first information I had of it I have not had time to write what I intended to write on teh subject and now I am called away and obliged to leave tonight, to be absent probably two days. Had I known earlier the expectation of the council that we should report at this adjourned meeting I could have been prepared. I can now only express my regret at being obliged to disappoint the council in the matter. I will take it as a favor if you will explain to the genglemen of the council the reason for my seeming neglect to comply with their request yours W J Knight Adjourned Regular Session August 16, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Ald Fengler then moved that the three legal genglemen appointed to give their opinions upon the motor question Messrs Shields Knight and Henderson he dismissed and that a new committee of three be selected instead Adopted seven to three as follows Yeas Ald Altman Clancy Doerfler Fengler foley Jones and Rath 7 Nays Ald Crawford Herod and Kavanaugh 3 Ald Fengler moved that the aldermen voting in the minority choose the chairman of said committee the majority choose the second member and the two thus chosen to select a third. The minority refused to comply and by consent the motion as made was withdrawn and Ald Fengler then moved that the committee consist of Messrs D E Lyon Fred O'Donnell and Ed McCeney. Mr. O'Donnell to act as chairman and the recorder to notify them in two days time of their appointment adopted Ald Herod offered the following resolved by the city council of the city of dubuque that the city recorder be and is hereby instructed to draw an order for four thousand dollars in favor of the dubuque building and loan association for money borrowed by order of council said order to draw interest at the rate of 6 percent from July 7 1881 payable on the first of January 1882 resolution adopted Ald Crawford offered the following resolved that the sum of two hundred dollars be appropriated to the improvement of West Locust Street to be expended under the supervision of the street commissioner resolution adopted Adjourned Regular Session August 16, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Ald Fengler offered the following resolved by the city council of Dubuque that the appropriation of $200.00 be made by this council to improve Dodge Street resolution adopted Ald Jones offered the following resolved that the recorder be instructed to discontinue the issue of blanks for the return of births and deaths and to receive such returns on blanks issued by the state board of health: that the state board of Health certificate of birth be hereby adopted in place of what is now known in the recorder's office as blank No. 1 and that the state board of health certificate of death be hereby adopted in place of what is now known as blank No. 2 That the recorder be instructed to turn over to the clerk of the county count of Dubuque county on the first day of each month all said returns of births and deaths for the preceding month and to take his receipt therefore and that the recorder and the health physician be hereby instructed to procure suitable books for recording said blanks resolution adopted Ald Doerfler offered the following be it resolved by the mayor and city council of Dubuque that the blue line on the accompanying map of the water district of Dubuque be declared the official line of the water district for the ensuing year. the said line enclosing all property that can be reach by 500 feet of hose from the nearest hydrant resolution adopted Adjourned Regular Session August 16, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath The bill of the cabinet maker's association of $1.75 was ordered paid. The bill of Spear and Lee of $440.68 for improving Wilson Avenue from Julien Avenue to Eigth Street was ordered paid The bill of Paul Schlenken of $16.50 for repairs to the tower of the Graves Engine House was ordered paid The petition of the Knapp Stout and company and others for a lamp post to be erected at the northmost corner of eighth and Washington Streets was referred to the committee on police with power The petition of J H Morgan claiming a balance due him for the improvement of Seminary Street was referred to the committee on claims with the engineer and attorney The petition of Mary Siege to cancel her tax was referred to the committee on delinquent tax The petition of Adam Kress to cancel his tax for 1880 on lot 579 in Ham's Addition was referred to the committee on delinquent tax The petition of F Lange to widen the alley between Maple and Cedar Streets from 16th to 17th streets was referred to the committee on streets The petition of Mrs E J Lambert to abate a nuisance at Schloths Butcher shop on Julien Avenue was referred to the executive committee of the board of Health and the city marshal Adjourned Regular Session August 16, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath The petition of James Downey to rade the sidewalk in front of his residence on Eleventh between Washington and Jackson Streets was referred to the committee on streets The petition of the Dubuque Mattress Company asking the privilege of using the triangular lot on the northmost corner of fourth and white streets was referred to the committee on public grounds and buildings The petition of Philip Wacker in behalf of the german M E Church congreation for a unison of the special tax levied for the improvement of Seminary street was referred to the committee on delinquent tax The petition of M M Walker and others to repair the alley on Chestnut street west of walnut was referred to the committee on streets The petition of F F Plapp and others to abate a nuisance in the alley between white and jackson from 13th to 14th streets was referred to the marshal The city engineer presented a plat of semiary street from madison to gold streets referred to the committee on streetsThe committee on streets to whomwas referred the bids opened at the last regular session for street improvements made the following report bluff street from jones to fourth streets PG Flynn 3510.12 JE Foye 3772.30 Spear and Lee 3902.07 Adjourned Regular Session August 16, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath W H Rebman $4134.77 Mr. P J Flynn being the lowest bidder on Bluff Street was on motion of Ald Fengler awarded the contract by suggestion of Ald Fengler the subject of allowing property owners from third to Fourth Streets to do their own portion of the improvements was referred to the street committee to consult contractor Seventh Street bids W H Rebman 186.88 J E Foye 222.20 Mr. Rebman being the lowest bidder the contract was awarded to him Water Street J E Foye 484.50 W H Rebman 640.00 Mr. Foye being the lowest bidder the contract of improving Water Street was awarded to him. Mayor Linehan recommended that portion of Water Street on which a platform was standing be referred to the committee on streets to arrange the matter with the abutting property owners and the contractor in a satisfactory manner ordered to refer to street committee with power The application made by the Linseed Oil Co to lay a track in front of its mill on the sidewalk was referred to the committee on streets with a request to report at next session Ald Fengler moved that the matter of bay windows being allowed to protrude from the houses on the sidewalks in the northern part of the city be referred to the committee on public grounds and buildings with the attorney to report thereon at the next regular session Ald Carwford moved to reconsider and rescind the action on the resolution passed ordering the sidewalk on West Locust Street taken up carried Adjourned Regular Session August 16, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Light Print Adjourned Regular Session August 16, 1881 Mayor Linehan in the Chair Present - Aldermen Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones, Kavanaugh and Rath Light Print Two foot walk on loucst Seminary Street repairs Mr. Richards residence adopted Fourteenth St repairs the City council then adjourned Attest Martin Kane City Recorder