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1882 June Council RecordsRegular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Glab Jones Kavanaugh and Olinger 9 Absent Ald Foley 1 City council met in regular session at 9 oclock am The minutes of previous sessions were read and approved The petition of the Iowa Iron Works Co to remove the Globe Gas Lamps at the corner of Ninth and Washington Streets and place a gas lamp was referred to the committee on police and gas Marshal Harriman presented a communication asking to have his salary increased to the sum of $1200 per year Ald Jones moved to receive and file the same Amended to refer to the committee of the whole by Ald Doerfler Amendment adopted the petition of Mary Ryan for the cancellation of her tax on lot No 11 Bradley's subdivision for the eyar 1881 ws referred to the Delinquent Tax committee The petition of G Ganahl for the remission of saloon license was presented ald Altman moved to receive and file amended by doerfler to refer t the mayor with power Adopted as follows Yeas Ald Clancy Crawford Doerfler Deckert and Glab Nays Ald Altman and Jones Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Glab Jones Kavanaugh and Olinger 9 Absent Ald Foley 1 The petition of Mrs Lorenz for the privilege of setting curbstone on Jackson Street from 19th st to the alley east was referred to the committee on streets and the engineer The petition of M Dowling Ex st commissioner asking to be allowed the sum of $200 as services was referred to the committee of the whole The petition of J A Johnston et al to fill street and alley near lots 5 8 to 62 and lots 82 to 86. Mc McGraneys subdivision was referred to the street committee The petition of Absalom Cain asking to be llowed the sum of one hundred dollars on the special assessment for the improvement of center place alley was referred to the committee on streets the engineer and attorney The petition of S P Adams et al fo the closing up of all saloons in the city was referred to the mayor with power The petition of Mary Boyle for the cancellation of her tax for the year 1881 was referred to the delinquent tax commitee The petition of John Sullivan for the removal of obstructions on Union Avenue was referred to the marshal to enforce the ordinance The petition of Jacob Kurt et al for a line to be aken on the straightening of Division Street Wick's Addition was referred to the committee on streets Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Glab Jones Kavanaugh and Olinger 9 Absent Ald Foley 1 The petition of Edward Blake for teh cancellation of the regular tax of 1881 on lots no 1 and 2 Langworthy's addition was referred to the delinquent tax committee John Bohn et al presented a petition to abate a nuisance on twenty second street from Couler Avenue to teh creek Ald Doerfler moved to refer to the street committee and Engineer Amended by Ald Deckert to refer to the committee of the whole Amendment adopted John Lawry et al presented a petition asking to place a policeman to patrol Dodge Street from the Gas House to Grand View Avenue was referred to the city marshal as was also the advisability of replacing a policeman on the patrol on Southern Avenue The petition of J A Hill asking to redeedm from Wm Hintrager sale of 1869 was received and filed the fire department presented a communication for the purpose of sending a delegation of firemen to the tournament to be held at Muscatine and that an appropriation be made to defray expenses. Also to be allowed to take along one of the steamers Ald Doerfler moved $150.00 be taken from the city treasury to defray the expenses of the delegation adopted Ald Doerfler moved that the steamer J J Linehan be sent to Muscatine The yeas and nays were had and resultsed Yas Ald Altman clancy Doerfler and Deckert 4 Nays Ald Crawford Glab Jones and Kavanaugh Lost by the Mayor's vote in the negative Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Glab Jones Kavanaugh and Olinger 9 Absent Ald Foley 1 Mrs Ann O'Neill presented a petition asking for the payment of $20.00 to pay for rent of house to Thos Conkling up to July 1st 1882 Ald Crawford moved that the same be paid adopted The petition of Mrs John Molony for the cancellation of her taxes for the year 1881 was referred to the delinquent tax committee The petition of Smedley and Meyer to fill up a portion of Lake and Kniest Streets to established grace was referred to the street committee with power The petition of Mrs John Kelly for the removal of obstructions in front of her premises on Southern Avenue was referred to the street committee The petition of H Hahn et al to put over Couler creek at its intersection with High Street and to put the same in passable condition was referred to the street committee with power The petition of August Lange et al for the improvement of the alley running along the west side of Rogers Subdivision of out lot 719 was referred to the committee on streets The petition of J S Mergan et al for the establishment of the grade on Sanford and High Streets was referred to the street committee and engineer A petition was presented and read from the gentlemen of East Dubuque asking the passage of an ordinance granting to the East Dubuque Bridge Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Glab Jones Kavanaugh and Olinger 9 Absent Ald Foley 1 company authority to construct a pile pontoon wagon and foot bridge across the Mississippi River Referred to the ordinance committee An ordinance granting such right to construct said bridge was read the first time Rule 11 was suspended to hear from Mr Switzer The ordinance was then adopted and referred to the ordinance commttee for further consideration The petition of James Donnelly for remission of oil express license was referred to the committee on claims The petition of M McMahon and others to improve teh street running from Dodge to Curtis streets was referred to the street committee Ald Doerfler moved that when the council would adjourn it be made the next Thursday evening at 7:30 o'clock adopted Ald Crawford presented the following communication from W E Massey the expert employed to audit the books to the effect that it would take two or three days more before a detailed report could be made To the committee of City Council appointed to settle with city auditor and treasurer Gentlemen For compliance with your request I have made a thorough examination and comparison of accounts of auditor and treasurer and so far I have formed no discrepancy in amount of cash actually received by treasurer Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Glab Jones Kavanaugh and Olinger 9 Absent Ald Foley 1 I have compared accounts of redemption funds in hands of Auditor compared warrants cancelled and paid with accounts investigated the accounts of coupons paid with the bond book corrected entries in the ledgers of auditor and treasurer so as to make them agree in balances and have compared the stub receipts for taxes with the tax books with is not quite completed and will take two or three more days when I will make a detailed report of the condition of the books Respectfully W E Massey Received and filed and the committee extended time to Thursday to have report ready Adjourned to 2 oclock p.m. afternoon session city council met at 2 oclock p.m. Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger N W Boyes and others presented a petition to repair Julien Avenue from Diamond House to Broad Street and the Delhi Road from Broad Street to Grand View Avenue referred to the street committee with power to expand the sum of $500.00 The petition of Ella M Wiegel for permission to make some changes in the East one half of lot W 687 was referred to the street committee with power Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger the petition of C W Duncan for the refunding of $288 paid upon lot No 55 cooks addition for delinquent tax of 1859 was referred to the committee on claims the petition of P Tibey et al asking to put in passable condition the street running between Fifth and Dodge Streets was referred to the committee on streets Auditor Brayton reported that the amount due city officers and employees for the month of May was $1260.71 for which orders had to be claim Report received and filed and ordered paid The following report was submitted by the special committee appointed on the investigation of the condition of the Barracks complained of by the petition of W C Parsons et al To the Honorable Mayor and council of this city of Dubuque Gentlemen Your committee to which was referred to the communication of W C Parsons Frank Jaeger V J Williams and many others relating to the condition of the premises on the corner of Eleventh and Race streets your alley known as the Barracks and asking that the same be abated as a nuisance would respectfully report that your committee visited the said premises and made a thorough examination of the same we found the premises in the most filthy condition the cellar filled with stagnant water the privy vaults filled to the surface the yard connected with the premises strewn with filth the well Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger from which the only water supply is obtained by the tenants in close proximity to the privy vaults and vaults and the whole premisess in are unfit condition for the habitation of human beings We further found the porch running along th enorth side of the building and extending to the top thereof three stories in height in constant use by the occupants to be in a rotten and unsafe condition We recommend that the Board of health at once take steps to have the said premises thoroughly cleaned renovated new vaults made and repaird at the expenses of the owners thereof and in default of an immmediate compliance by such owners with the orders of the board that the tenants be ejected from the premises and the law enforced to compel said owners to abate a nuisance that has been tolerated too long The poweres conferred by law and ordinance upon the board of health are ample to cover the case in question and we recommend that immediate and vigerous action be taken J H Shields Atty M E Connolly MD P W Crawford John Glab W E Harriman Report adopted and referred to the board of health The street commissioner the amounts expended on streets during the month of May at $2160.90 th ereceipt of the treasurer attached for $79 collected from cleaning of alleys report referred to the committee on streets Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger the city marshal reported that the amount due the regular and special police during the month of May to be $1104.90 and making 81 arrests during the same month report received and filed and ordered that the different amounts be ordered paid The city engineer presented a communication asking that the amount of $8.13 be deducted from the special assessment against H L Stout for the improvement of Tenth Street between Washington and Elm Streets received and amount ordered deducted as recommended The engineer presented an estimate of the cost of grading macadamizing and guttering Fifth Street from Nevada street to the Delhi Road as follows Grading Macadam Paving total report received and filed The engineer presented a profile of High Street from Johnson Avenue to Lake Street referred to street committee Engineer presented the following report Hon Mayor and city council Gentlemen the petition of Jacob Kurtz and others referred to me has been carefully examined The records show that division street was opened by the city in proper form damages awarded and paid No peat of said division street as opened through Wick's addition is to be found It is possible and positive that the city Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger extended the street in a direct line and not as the parties have now fenced. the accompanying plat shows by red lines as the street is fenced I would therefore recommend that the marshal be instructed to remove the fences on the south side of said street to the proper line as no doubt the street was so laid out mr Tschirgi Jr Engineer report referred to the street committee Engineer presented a profile of the grade of Hodge street from Grand View Avenue to Mr Spenseleys referred to the street committee Engineeer presented a profile of Jackson street from 18th to Lake street refered to the street committee Treasurer schunk presented a communication as follows Dubuque June 3 1882 To the honorable mayor and council Gentlemen I irespectfully ask that you order that a warrant be drawn in my favor for the sums of money dispensed as specified below Interest on warrant No 2683 Interest on Warrant No 204 and 205 By order of city atorney paid to Tschirgi and Schroind damages for opening of W 14th St By order of city attorney paid to Elizabeth Crindan damages for Grand View Avenue extension through lot 9 Summer Hill Addition By order of City attorney paid John Collins Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger damages for Grand View Extension through lots no 10 and 11 summer hill addition Herewith you will find vouchers for the above amounts yours very truly H A Schunk City Treasurer The above communication was received and filed and ordered that the recorder be instructed to draw warrants to reimburse the treasurer Treasurer presented a communication reporting having paid Timothy Dillon $1790 as damages for opening Grand View Avenue through Mineral Lot No 12 received and filed and ordered that a warrant be drawn in favor of treasurer for the said amount Treasurer also presented the following Dubuque June 5 1881 To the honorable mayor and council City of Dubuque Gentlemen From estimates of street commissioner marshal auditor and recorder I find that the payroll for May aggregates $7526.51 having but $2500 cash on hand it will be necessary for the council to provide for the borrowing of $5000 to defray expenses Yours very truly H A Schunk City Treasurer report received and filed and ordered that the financial committee be empowered to borrow the necessary amount of $4000 Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger N C Ryan reported having weighed 96 drafts at 15 cents per draft on the first ward scales during the month of may Amount collected $14.40 receipt of the treasurer $215 attached being 15 percent due the city report received and filed The city recorder reported having issued licenses to the amount of $3337.00 during the month of May received and filed G Schollian reported having weighed 363 drafts from September 1st 1881 to May 1st 1882 at 15 cents per draft amount $54.45 receipt of treasurer attached for $8.15 being 15 percent of amount due the city report received and filed Lamplighter Nicol reported having lighted 188 gas lamps during the mnth of May report received and filed Frank Fosselman reported having weighed on the fifth ward scales during the month of May 117 drafts gross amount of $17.55 the receipt of the treasurer was attached for $265 being 15 percent due the city report received and filed market Master Rice reported having weighed 151 drafts on the market house scales during the month of May Receipt of Treasurer attached for the amount of $22.65 for rent of huckster stands $20.00 receipt also attached due for board of prisoners 170 meals at 20 cents per meal $34.00 report received and filed amount due ordered paid mr. Rice Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger Chas Pitschner reported having weighed 84 drafts on the west dubuque scles during the month of May Gross amount $11.60 receipt of treasurer attached for $1.75 being the amount due the city report received and filed Pound master Koenig submitted the report of the receipts from impounding animals The receipt of the treasurer attached for amount of $7.20 report received and filed Wood measurer reported having measured during the month of may 888 7/8 cords of wood received for measuring the same $31.15 received and filed Police Justice Hoerner reported the amount of fines due the city at $7.00 which was paid the treasurer report received and filed Reports and committees Ordinance committee presented the following An ordinance to amend SEc 13 of an ordinance entitled "An ordinance in relation to licenses" said section relating to saloons Sec 1 Be it ordained by the city council of the city of Dubuque that suvdivision "D" and "E" of section 13 of an ordinance entitled "an ordinance in relation to licenses" be amended by adding to each of said subdivisions as an additional penalty for the violation of the provisions thereof the following to wit Upon the conviction of such person for a violation of the provisions hereof his or her license Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger shall be revoked and cancelled and any person continuing the business of saloon keeper after such conviction and cancellation shall be liable to the penalties provided for in section 13 for retailing liquors without license Section 2 This ordinance shall be in force from and after its passage and one publication in the official papers of the city Ordinance as read was adopted and final action deferred until the next regular meeting Same committee also presented the following An ordinance Granting to the Illinois Central Railroad Co the right to lay a switch and side track be it ordained by the city council of the city of Dubuque Section 1 that permission be and is hereby granted to the Illinois Central Railroad Co its successors and assigns to lay and operate a switch or single railway track on Washington Street in the city of Dubuque from the main line of railway on said street to a point opposite and along the Dubuque Oat meal Mills Section 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 over which said track may be laid and pave or plank the space between the rails and the ends of teh ties in such a manner as will afford an easy passage for wagons or other vehicles and place the grade of Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger said track as may be directed by the city authorities and in all things comply with ordinances of said city so far as the obstruction of streets and gutters are concerned and not inconsistent with the provisions herein given Section 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 SEction 4 That this ordinance shall be in force from and after its passage and one publication in the official papers of said city at the expense of said Illinois Central Railroad Company Ordinance as read the first time was adopted and final action deferred to the next regular session of council Same committee presented the following An ordinance To amend section 8 of an ordinance entitled "An ordinance in relation to licenses" Be it ordained by the city council of the city of Dubuque Section 1 that subdivision "B" of section 8 of an ordinance entitled "An ordinance in relation to licenses" be and the same is hereby amended by striking from the seventh line of said subdivision the words "Two and a half" and inserting in lieu thereof the word "five" and said subdivision 8 shall be further amended by adding thereto the following to wit "The Mayor shall if he deems it necessary employ a competent person who shall attend any auction sale and keep an accurate account of all sales made such account to be the basis upon which to levy the five percent under the pro Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger visions hereof such person to receive such pay as may be argreed upon between him and the mayor to be paid from the percentage derived from such sale by auction Section 2 This ordinance shall be in force from and after its passage and one publication in the official papers of the city Ordinance read the first time and adopted and final action deferred to the regular session next held Same ordinance committee presented the following To amend and repeal certain portions of sections 80 81 and 84 of an ordinance entitled "An ordinance to provide for the assessment and collection of taxes in the city of Dubuque" Be it ordained by the city council of the city of Dubuque Section 1 That so much of sections 80 81 and 84 of an ordinance entitled An Ordinance to provide for the assessment and collection of taxes in the city of Dubuque" as provides for the return to any purchaser at tax sale of the amount paid by such purchaser at tax sale with interest in case of the invalidity or irregularity of such tax sale be and the same are hereby repealed except that in the case where a sale of property has been made for taxes and thereafter it appears that the tax for which such sale has been made had been paid before such sale then and in such case the treasurer shall refund to such purchaser the amount paid by him at such tax sale without interest Read the first time and de- Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger ferred for action to the next regular session of the council Section 2 being omitted to be presented at the next session reports of committee the committee on claims reported on the claim of G Klein for the sum of five dollars recommending that the recorder be instructed to draw an order for that amount report adopted The committee on streets reported on the payroll of the street commissioner finding the same to be in regular form and apparently correct and recommending the payment of all the claims report adopted The same commitee presented the following To the city council of the city of Dubuque Your committee on streets to which was referred the communication of John R Waller and a large number of the principal property holders and business men on Main Street granting their consent to the erection by the Western Telephone Company of a line of poles on Main Street under certain conditions and limitations therein stated respectfully report that in the judgment of your committee the telephone company is deserving of and entitled to all the encouragement and privileges which can be granted ti without detriment to the interests of the city and without obstructing or interfering in any manner with the use of the public streets and side- Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger walks or marring their appearance Your committee in considering the application of the Western Telephone Company has been saved much embarrassment and individual doubt on the subject by the great unanimity with which the great majority of the leading business men and principal propety holders on the line of the street have expressed themselves by giving their written consent and apparent desire that the council should grant the privilege asked for While this does not relieve the city council from the responsibility for any action it may take in the matter nor from the duty of considering the question carefully and judiciously for itself yet it is a strong argument in favor of the privilege that those most interested and who would be most affected by it consent and desire it to be granted As no valid objections have been presented to your committee against granting the privilege applied for we respectfully recommend tht the application be granted and that the city attorney be instructed to draft a contract embodying all the limitations and conditions specified in the communication from John R Waller and others and such additional ones as the council may deem it necessary or expedient to impose and that said contract shall not be executed on behalf of the city until it shall be approved and its erection ordered by the council Report was adopted and on motion of committee of three consisting of Ald Crawford Clancy and mayor Linehan to make negotiations with the Telephone Company as to conditions and considerations of the contract were appointed Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger Same committee presented the following to the city council of the city of Dubuque Your committee on streets to which was referred the petition of Philip PIer and other residents of Wests Hill asking the completion of the bluff street extension respectfully report that we find the improvement prayed for by the petitioners to be a very desireable one and one that would be a very great convenience to the citizens of that rapidly improving portion of the city A large amount of money variously estimated at from $7000 to $9000 has already been expended by the city in the work yet the street is almost entirely useless for ordinary travel Having carefully examined the ground in company with the city engineer and after a full consideration of the subject your comittee are of the opinion that any further expenditure of money on the extension short of what would be sufficient to complete the improvement in a permanent and substantial manner would be a waste of money and comparatively useless At the request of the committee the city engineer has prepared an approximate estimate of what in his judgment will be required to complete the work in the manner above indicated His estimate is as follows Madam Gutter Grading Solid Rock Retaining Wall Total This estimate seems to your committee very moderate and one more likely judging from experience to fall below than to exceed the actual Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger cost While a portion of this expense might be assessed to the abutting property holders the great portion of it would have to come from the city treasury In the present condition of the city finances your committee is clearly of the opinion that the completion of this street ought not to be undertaken the present season At the first meeting of your honorble body the present year the council by resolution held out to the people the promise of economy and a reduction in the rate of taxation this promise can only be kept by rigidly abstaining from any large and expensive improvements To keep in good repair and condition the streets and highways already opened and improved rendered more difficult and expensive by the continuous rains of last fallt the open winter and wet spring is all the city can do or afford to do and will strain the present resource of the city treasury to the utmost Your committee therefore recommends that the completion of the Bluff Street Extension be postponed for the present season We make this recommendation with less reluctance for the reason that the city has just completed at considerable expense the improvement of rising Avenue a street which though more circuitous will afford the residents of Wests Hills a very easy means of communicating with the business portion of the city report adopted the same committee made the following report to the city council of the city of Dubuque Your committee on streets to which Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger was referred the petition for the grading and macadamizing of Ninth Street from Washington Street to the C M and St Paul Railroad track report that the prelimnary estimate of the expense of filling to grade that portion of said sreet is as follows 2933 cubic yards at 30 cents per yard $879.90 This cost of grading would be at the expense of the city the proposed improvement is a very desireable one and is especially important to a number of large manufacturing establishments which it is the policy of the city government to specially from and encourage On the other hand the expenditure is so large a sum at this time for any improvement not absolutely necessary is incompatible with the situation of the city finances and contravenes the present policy of the council in attempting to lighten the burden of taxation upon the people In this state of affairs your committee have finally concluded that a certain portion of the improvement can be made at present Which will answer present purposes and be satisfactory to all parties without creating any large expense for the city to pay The improvement is especially important to the proprietors of the Iowa Iron Works in order to enable them to complete their Ninth Street front and to put the street and sidewalk in a proper condition to accommodate their business This object will be accomplished by the grading and macadamizing of the portion of the street between Washington street and the alley east of it the amount of filling required prepatory to the macadam will be comparatively small and the expense to Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger the city very light The remaining portion of the street which is quite soft at times can be temporarily improved by a light coating of hard filling Your committee therefore recommend that that portion of Ninth STreet between WAshington Street and the alley first last of it be graded guttered curbed and macadamized the grading to be done at the expense of teh city and the curbing and macadamizing at the expense of the abutting property Also that the city engineer be instructed to prepare and file the proper plans and specifications for the proposed improvement and are estimate of the cost specified by ordinance report adopted the same committee made the following report to the city council of the city of Dubuq Your committee on streets to which was referred the resolution offered by Alderman Glab for the grading and macadamizing of West Fifth street respectfully report that we have examined the condition of that street and find that in wet seasons of the year that portion of it west of Nevada Street is almost entirely impassable and greatly needs improvement of some kind The surface being composed mostly of clay filling in time of heavy rains or when the ground is freezing and thawing the street becomes little better than a quagmire The committee has obtained from the city engineer an extimate of the probable cost of grading the street preparatory to macadamizing The engineer estimates the expense of grading according Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger to the present established as follows 5400 cubic yards of filling at 25 cents $1350.00 For financial reasons your committee cannot recommend the expendiure of so large an amount at the present time from the city treasury The engineer has given his opinion however that the grade of the street at and near the intersection of Nevada Street as now established and also of the contiguous portion of Nevada Street can be reduced considerably to the great advantage of both the streets and abutting property of this can be done it would greatly lessen the amount of filling to be done on the outer part of Fifth Street and greatly reduce the expense. We therefore recommend that the city engineer be instructed to prepare and present to this council a plat and profile showing such a change in the grade of West Fifth Street and Nevada Streets as he would recommend as expedient and desireable and also the resulting expense of the proposed change Of the change of grade proposed shall prove impracticable or inexpedient we recommend that that portion of fifth Street West of Nevada Street be improved so that it shall be passable at all seasons of the year at the expense of the city by putting on a coat of quarry strippings or some other kind of hard filling suitable for the purpose the work to be done by the street commissioner under the supervision of the street committee and the expense ot to exceed five hundred dollars report adopted the same committee reported on the petition of Bridget Brennan as follows that the prayer of the petitioner was a Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger reasonable one and recommended that the city engineer be instructed to report an estimate of the cost of planking the sewer on West Locust Street where it has not already been done Ald Jones moved that the street commissioner be instructed to put a bridge in front of Mrs Brennans residence providing the same was necessary Adopted The same committee reported on the petition of Margaret Carr recommending that the engineer be instructed to prepare and report a suitable plan for carrying off the storm water from the point mentioned without injury to the street or private property and the cost of carrying it out report adopted The same committee reported on the petition of Wm Davis and others recommending that the city engineer be instructed to report the profile of a suitable grade of the street named report adopted The same committee reported on the petition of D J Hennessy as follows that upon investigation we find that the officers of the city proceeded regularly in securing the repair of the sidewalk mentioned herein and that there is no ground for the statements and claim of petitioner We further recommend that the collection of the Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger special assessment on lot 275 be enforced in the usual manner report adopted the same committee reported as follows on the resolution of Ald Jones Your committee on streets report that we find that in grading the alley between White and Jackson and Tenth and Eleventh Streets that the work was done in such a manner that the water does not drain off but remains stagnant We recommend that the engineer be instructed to report a suitable method for obviating the trouble and the cost of effecting a remedy report adopted The same committee reported on the petition of John Deery recommending that the prayer of the petitioner be granted and that as soon as the grade of Seventeenth Street at the intersection with Clark Street shall be settled the engineer shall submit the profile of a grade for Clark Street from said 17th Street to West Locust Street Report adopted The same committee made the following report on the opinion of the city attorney on Millville Street To the city Council Your committee on streets respectfully recommend that the city enginer be instructed to survey and mark out the boundary of the street referred to and that the city attorney be instructed if he considers said Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger street to be a legal highway in law to take immediate steps to remove all obstructions from the line of the street and for that purpose shall instruct the marshal how and in what manner to proceed report adopted The same committee reported on the petition of T B Cleaver and others recommending that the city engineer be instructed to make a survey and estimate of the probable cost of putting the street in a good condition for travel report adopted the same committee reported on the petition of John Ruegamer et al recommending that the street commissioner be authorized to expend a sum not exceeding $40.00 in the improvement of the street within mentioned provided that in the opinion of the engineer that sum will be sufficient to put the street in a fair condition for travel report adopted The same committee reported on the petition of John Hodgdon and others recommending that the prayer of the petition be granted and that the city engineer be instructed to prepare and submit to the council a proper plan and estimate for the improvement asked for report adopted the same committee reported on the petition of patrick O'Mara recommending that the engineer be in- Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger structed to examine the locality of the petitioners property and the situation of the street in front of same and submit a plan for obviating and preventing the damage complained of also an estimate of the cost of carrying out the same report adopted The same committee reported on the petition of Wm J Burns as follows Your committee on streets reports that it has examined the premises of petitioner and the street on which be fronts and are the opinion that the city is not liable for the damages alleged by petitioner to have been sustained by him under the decisions of the supreme court the city is not liable for damages resulting from errors of judgment on the part of the city officials report adopted The same committee reported on the petition of James Ronan and others as follows To the city council Your committee on streets respectfully recommend that the city engineer be instructed to prepare and submit a plat of the street extension asked for by petitioners including that portion of the street for which the right of way has already been acquired by the city Also that the engineer be directed to prepare and submit a profile of the grade of said proposed street from Southern Avenue to Grand View Avenue in order that the city council may be able to determine whether said street would be feasible as a highway report adopted Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger The same committee reported on the petition of Ellen Quinnlivan recommending that the fences and premises of the petitioner be allowed to remain as they now are undisturbed until the first day of may 1883 provided that she execute to the city before the first day of July next a deed relinquishing the right of way for the street as surveyed and laid out by the city on the ayment to her of the amount awarded her by the jury as damages report adopted The same committee reported on the petition of John W Norton as follows Your committee on streets in view of the peculiar circumstances of this case and of the great difficulty experienced by the petitioner in making use of his property since the improvement of the street respectfully recommend that the special tax levied on lot No 7 of the subdivision of lot 710 be remitted and cancelled on condition that all other taxes on lots 7 and 8 in said subdivision be paid on or before the first of July next and that petitioner makes no further claim against the city on account of the improvement of the street report adopted The same committee reported on the petition of John Barry as follows To the city Council your committee on streets has carefully examined and considered Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger the matters stated in the within petition and whilte satisfied that there is some hardship in this case and possibly some injustice done petitioner we are clearly of the opinion that after the jury summoned to assess the damages has made its award which the council has approved and accepted and the street declared a public highway and the damages awarded set apart in the treasury it is beyond the power of the council to interfere with the award of the jury The law defines how the damages for opening streets shall be ascertained and the council having acopted that method and accepted the award is bound by the result The only remedy opened to petntioner if not now too late is an appeal to the courts report adopted The same committee reported on the petition of W E Massey and others recommending that the prayer of the petitioner be granted provided the right of way for the proposed alley can be obtained without expense to the city Also that the Engineer be instructed to prepare and submit a plat of the proposed alley showing the name of persons whos property would be taken and the amount of ground taken report adopted The same committee reported on the petition of Geo W Jones recommending that the street commissioner be instructed to deposit a sufficient amount of hard filling Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger on Cox street north of the intersection of Fourteenth street to make the same passable at all times report adopted The same committee reported on the petition of Edward Norton and others recommending that the engineer be instructed to prepare and submit an estimate of the cost of the work asked for report adopted The committee on delinquent tax reported on the petition of Gibson Collinson recommending that the tax on lot No 76 west Dubuque for 1881 be cancelled report adopted the city engineer presented the plats of Smedley's subdivision and of high street subdivision referred to street committee The committee on Public G and B made the following report Your committee report that they have insured the city hall for an additional $10000 in the following agencies James Plaister W C Parsons Jas Beck Kingman & Stanley report adopted The same committee reported on the petition of N Kauffman as follows In favor of granting mr Winters license for year 1881 report adopted Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger The same committee reported in favor of receiving and filing the bill of W C Parsons and son for $80.00 report adopted The committee on fire reported adversely on the bill of R Nolte for $18.00 as he agreed to give the use of ground without pay report adopted The same committee report on the petition of C Rhomberg adverse to the prayer of petitioner as the city of Dubuque had never entered into an agreement for the use of said lot report adopted theh committee on police reported on the petition of J M Kennety to the effect that they had visited the place and considered the awning in front of store to be no obstruction report adopted The same committee reported on the petition of R Walter to the effect that they had visited the place and found that the nuisance complained of was nothing but spring water running there from the engine of Carr Ryder and Wheeler report adopted The same committee reported in favor of locating a water fountain at the corner of 13th and Elm Streets report adopted Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger The committee on delinquent tax reported adverse to the petition of Mrs A Matthews for reduction of assessment report adopted Ald Foley and Ald altman reported on the petition of Ingram Kennedy and Day recommending that the prayer of the petitioners be granted and an order for $29.90 be drawn in favor of said parties to refund extra tax paid by them report adopted the committee on delinquent tax reported on the petition of Margaret Quinn recommending that the tax for 1881 be cancelled report adopted The same committee reported on the petition of Mrs B Keogh recommending that her tax for 1881 be cancelled on part of lot No 7 Collins Subdivision report adopted The same committee reported on the petition of kate Ferguson recommending that an order be drawn in favor of petitioner for $250 report adopted The same committee reported on the resolution of ex Ald Fengler to redeem lot W one half of 813 recommending that the same be not adopted report adopted Same committee reported adverse to the petition of Wm Carter report adopted Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger The committee of the whole made the following report to the city council your committee of the whole to whom was referred the official bonds of the present city officers respectfully report that the committee has examined the following bonds and find them in proper form and the security sufficient and recommends that they be approved by the council to wit 1 Bond of martin Kane as city recorder in the sum of $5000 with James Rowan and James McDonnell as surities 2 Bond of W E Harriman a city marshal in the sum of $5000 with C H Beig J W Newbergh and E A Lowell as sureties 3 Bond of Allen Leathers as street commissioner in the sum of $1500 with Wm G Stewart and patrick Tibey as sureties 4 Bond of James H Shields as city attorney in the sum of $5000 with W J Knight as surety report adopted Attornrey Shields presented teh following to the hon mayor and council of the city of Dubuque Gentlemen Your committee to whom was referred the petition of Wm Tiede relating to the refunding of certain taxes collected by levy upon personal property would respectfully report that upon a careful examination of the matter the personal property in question was not liable for the tax and could Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger not be held under the restraint That said ta was levied against Stahlman Reed and Co and can be collected from them or their successors in business and therefore recommend that the said sum of $60.05 be refunded as no receipt was given therefore but the same held until the matter could be investigated the report was adopted and on motion of Ald Crawford the Treasurer was instructed to collect the said amount from Sahlman reed and Co The committee of the whole reported on the petition of J K Beeckman recommending that the petitioner be allowed the sum of $75 in full of his claim recommitted for further consideration The same committee reported on the petition of the Minute men of the fire department recommending that one dollar be allowed each of the minute men who turn out at any false alarm of fire and are present at roll call report adopted Ald Clancy presented the following be it resolved by the city council that the street commissioner be instructed to repair both streets leading to the levee between Jones and First streets at once on motion referred to the street committee with power Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger Ald Doerfler presented the following be it resolved by the city council of the city of Dubuque that an order be drawn on the treasurer for the sum of $150.00 in favor of the delegation of firemen to attend the firemen's tournament at muscatine resolution adopted Ald Doerfler presented the following be it resolved by the city council of the city of Dubuque that lots no 172 and 173 on couler avenue between Sanford and Twenty Second Streets and lots nos 179 and 187 on Jackson street between Sanford and Twenty streets be hereby declared a public nuisance and that the owners of said property be required to abate said nuisance by filling up or draining said lots within 20 days of this date resolution adopted Ald Crawford called attention to the vote had on the motion made in the forenoon session on sending the steamer J J Linehan to Muscatine and moved that the action taken be reconsidered adopted On motion the Steamer Linehan was ordered to accompany the delegation to Muscatine Ald Crawford presented the following Resolved by the city council of the city of Dubuque that Ninth Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger Street between Washington Street and the alley East of Washington Street be graded guttered curbed and macadamized in conformity with the ordinance upon that subject That the city Engineer be and he is hereby directed to make the necessary plans and specifications for said improvement and the city recorder directed to give the proper notice for bids and proposals for the performance of the work the guttering curbing and macadamizing to be done at the expense of the owners of the abutting property Adopted by a full vote as follows Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger Ald Crawford presented the following which was adopted Resolved by the city council of the city of Dubuque that to pay for curbing guttering and macadamizing Jackson Street from 17th to 18th Streets by W H Rebman contractor in front of and adjoining the same a special tax be and is hereby levied on the several lots and parts of lots and parcels of real estate hereinafter named situated and owned and for the several amounts set opposite each lot or parcel of real estate as follows Geo Raepoch N 1235 East Dubuque Chas Luther S 1235 East Dubuque Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger Chas Luther N 20 ft 36 East Dubuque John Trexler S 21 2 ft 36 East Dubuque Peter Weist N 1/5 491 city Robt Woodward N M 1/5 491 city Mary Baade M 1/5 491 city Geo May S M 1/5 491 city Peter Meyer S 1/5 491 city Margaret Lear N 1/2 32 East Dubuque Ellen Skellon S 1/2 32 East Dubuque Pauline Struber N 1/2 33 East Dubuque C W Schreiber S 1/2 33 East Dubuque Auton Manahl 34 East Dubuque Ald Crawford peresented the following which was adopted Resolved by the city council of the city of Dubuque that to pay for macadamizing alley from Julien Avenue to Rose Street East of Center Place by D W Linehan 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 situated and owned and for the several amounts set opposite each lot or parcel of real estate as follows the several lots being named Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger special asst on East Center Place A Cain Min lot 85 A Cain lot 1 min lot 88 Mrs A Cummings S 179 ft lot 2 min lot 88 Wm Hopkins N 50 ft lot 2 min lot 88 Wm hopkins lot 16 McNulty's subd Jos Bott lot 7 of lots 5 8 9 Mcnulty's subd Geo F Jackson lot 6 of lots 5 8 9 McNulty subd Sephen Grove lot 1 of subd 1 and 4 McN Sub Anna Scott lot 1 of lot 13 McN sub wm Beck lot 12 McNulty's sub Wm Beck lot 1 of sub 5 8 9 McN sub Geo F Jackson lot 4 of sub 5 8 9 McN sub Wm Beck lot3 of lots 5 8 9 McN sub Stephen Groves lot 2 of sub lots 184 McN sub Ald Crawford presented the following Resolved that the street commissioner under the direction of the street committee be instructed to repair the sewer on Hill Street in the vicinity of Harketts nursery and put it in such a condition that the streets and property in the vicinity shall not receive further damage resolution adopted Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger The claim of C H McMaster having been found to be correct on motion of ald Crawford it was ordered paid the bond of M Tschirgi Jr as city engineer was ordered approved and placed on file the claim of John Leidinger for $650 was referred to the committee on streets the claim of Andrew Tredway and Sons of $13.05 was referred to the committee on streets The claim of J J Dunn of ten dollars as balance due on court costs was referred to the city attorney The following claims were read and allowed N W Globe Gas Light Co M Tschirgi Jr Peter Olinger vogel and Ferguson Key city Hook and Ladder Co St Louis Packing Co Jos S Norton McLaughlin and Reilly Peter Olinger Patrick O'Mara N W Globe Gas Co F E Moser A L Clark J J Linehan Engine Co J F Conant Key City Gas Co John Ganahl H A Schunk Christman and Healey Telephone Comp Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger N Hilger W H Rebman Mike Wagner James Kelly W H rebman Morrison Bros J F Conant W Howard N H thedinga W Koenig F Schloz J C Dunning J Eichhorn J Reinfried S M Langworthy B Gmehl Laflin and Rand Powder Co A C Siege and Bro D D OConnell John Harvey John Klein Laflin and Rand Powder Co Morrison Bros C N Clark and Co Geo J Henion Dubuque Times Knapp Stout and Comp co Key City Gas Co J S Dunning Meuser and Co thos McCoy W E Harriman Fred Liebe james Plaister Kingman and Stanley Warner Lewis J R Beck W M Faust Jos Woodhouse M Lavan C H McMaster Arnold Tschirgi James Uphorn Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger J and A Christman A Felter Mrs Koenig Ham and Carver Schreiber Conchar & Co mrs Koenig Dubuque Water Co C J Brayton Iowa Iron Works Co Larry Daily W H Rebman J F ODea John Rankin Peter Olinger Thos E Frith Peter Olinger Sol Turck Hose Co J McBride Andrew Cullen Martin and Strane Key City Gas Co Bids for the improvement of the alley from 15th to 16th between Iowa and Clay streets and of the alley grom 14th to 15th between clay and white streets were read and referred to the committee on streets and engineer to report at once The committee reported as follows Alley between 14th and 15th W H Rebman D W Linehan A Leicht J E Foye Jackson Strane Alley between 15th and 16th W H Rebman D W Linehan A Leicht J E Foye Jack Strane Regular Session June 5, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Foley Glab Jones Kavanaugh and Olinger Jackson Strane being the lowest bidder on motion the contract was awarded to him for both alleys the mayor appointed the following as the committee on Equalization of Taxes for 1881 Ald Crawford Ald Clancy Ald Foley Ald Olinger Ald Doerfler It was ordered that the water district be defined as the session to be held on the 8th inst Ald Clancy presented a catalogue of drinking fountains from J W Fiske of new york received and filed City council then adjourend to Thursday Eve June 8 1882 Attest Martin Kane City Recorder Regular Session June 8, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Glab Jones and Olinger 8 City Council met at 8 o'clock pm Ald Jones presented the following resolved by the city council of Dubuque that the recorder be ordered to draw a warranbt for the sum of $3000 in favor of D G Scott agent and also one warrant in favor of H H Schunk Treas for $1000 to bear interest at teh rate of 6 percent per annum from June 6 1881 payable on or before january 1st 1883 Resolution adopted Ald Jones made inquiry from the police committee in regard to the erection of a hydrant at the corner of 13th and Elm streets and moved that the said committee be instructed to place one at the said named place Ald Glab moved that it be placed at the corner of 14th and Elm Streets Amendment was lost and the original motion by Ald Jones adopted The committee on ordinances presented the following which was read the second time an ordinance Granting to the East Dubuque Bridge Company and assigns authority to construct a pile pontoon Regular Session June 8, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Glab Jones and Olinger 8 pontoon bridge wagon and foot bridge from the city of Dubuque over the Mississippi River to the East side On motion of Ald Doerfler Rule 29 was suspended by the following vote Yeas Ald Altman Clancy Crawford Doerfler Deckert Glab Jones and olinger Nays none Ald Jones then moved to read the ordinance by its title which was done and the ordinance was adopted finally Ald Deckert offered the following which was adopted Resolved by the City Council of Dubuque that the city recorder be instructed to draw an order oin favor of D W linehan for the sum of $600.00 as part payment for work done on the improvement of East and West Center Place Ald Doerfler presented the following together with the plans and specifications of a proposed engine house Your committee report that they have prepared plans for an engine house north of 17th street and would recommend that said engine house be located on city lot cor of Couler Avenue and 18th Streets Report was withdrawn Ald Jones then moved that an engine house be built in the fifth ward not to exceed $4000 the yeas and nays were called as follows Yeas Ald Clancy Doerfler Deckert and Regular Session June 8, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Glab Jones and Olinger 8 Jones Nays Ald Altman Crawford glab and Olinger Mayor Pro tem Crawford decided the motion as lost it being a tie vote but not a majority Ald Doerfler presented the following An ordinance providing a penalty for having in possession or using a catapult sling or other devide for throwing missiles Be it ordained by the city council of the city of Dubuque Sec 1 that any person in said city in whose possession may be found a catapult sling or other devide for throwing stones pebbles shot or other missiles shall upon conviction thereof be fined $1.00 and the costs of prosecution and any person who shall use any catapult sling or other device by throwing any missiles therewith shall upon conviction thereof be fined $5.00 and the costs of prosecution and stand committed until such fine and costs are paid Sec 2 It is hereby made the duty of all police and peace officers in said city to arrest and prosecute any peson found violating the provisions of the first section hereof and to take and destroy any catapult sling or other device aforesaid and found in the possession of any person Sec 3 this ordinance shall be in force from and after its passage and one publiction Regular Session June 8, 1882 Mayor Linehan in the Chair Present - Ald Altman Clancy Crawford Doerfler Deckert Glab Jones and Olinger 8 in the official papers of the city Ald Doerfler moved to suspend the rules which was done as follows Yeas Ald Altman Clancy Crawford Doerfler Deckert Glab Jones and Olinger Nays none the ordinance was then read by its title and on motion of Ald Doerfler was adopted finally Ald Altman asked for a report by the committee on ordinances on the resolution heretofore presented for the repeal of the ordinance requiring livery stables and boarding houses to pay a license and moved that the said committee be instructed to report said ordinance lost ald olinger moved that the marshal be requested to collect unpaid team licenses carried A bill of $10.50 from the Fifth Ward Hose company was presented by Ald Doerfler and on motion was ordered paid ald Olinger moved that the street commissioner be instructed to fill all the holes found in the low portions of the city Amended that the matter be referred to the committee on streets with power adopted adjourned attest Martin kane Recorder