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1883 January Council RecordsRegular Session January 1, 1883 No quorum being present to attend the council the recorder adjourned the meeting to Tuesday January 2nd at nine oclock am attest Martin Kane Recorder Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford Minuts of the December sessions were read and approved the petition of F W Kringle asking for a reduction of this assessment for 1882 was referred to the committee on delinquent tax The petition of Robt Roberts to reduce the assessment of 1882 was referred to the committee on delinquent tax the city engineer presented the following to the Hon Mayor and City council Gentlemen the contractor of the 16th street bridge and filling desires me to make out a bill for the bridge which is completed but as the terms of teh contract require the work to be completed entirely both the bridge and filling cannot make out the bill until the committee on streets have accepted the work The contract price of teh bridge is $194.75 to which there has been added a railing costing $17.50 Total $212.25 respectfully submitted M Tschirgi Jr City Engineer The above communication was on motion of Ald Olinger referred to the committee on streets Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The city treasurer H A Schrunk presented the following communication City Hall Dubuque Jan 2 1883 to the Mayor and city council city of Dubuque Gentlemen I have advanced to M ORegan the sum of $1250 being award for damages for opening Grand View Avenue throguh lots nos 4 and 7 Summer Hill Addition to Dubuque for which please authorize the recorder to issue a warrant in my favor Please find voucher hereto attached Your Respy H A Schrunk Treasurer Dubuque Dec 21 1882 Received of H A Schrunk Treas $12.50 being award for damages for opening Grand View Avenue through lots 4 and 7 Summer Hill Addition to Dubuque M ORegan X his mark Witness H A Schrunk Treasurer the communication was received and filed and that a warrant be drawn in favor of Treasurer Schrunk for the above amount G F Hedley Auctioneer reported teh number and teh amount of sales made during the month of December The amount sold for being $1623.95 Amount due the city on transient sales $116.05 at 5% $5.80 subscribed and swornt to by mr Hedley before C Leckie Notary Public and receipt of treasurer attached for $5.80 report received and filed Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford Dominique Hoffman presented the following communication to the Hon Mayor J J Linehan I hereby tender my resignation as policeman of the city of Dubuque to take effect January 1st 1883 Yours respectfully Dominique Hoffman The above resignation was received and field and ordered that regrets be expressed at the loss to the police force of an efficient officer The petition of Mrs J W Parker asking for a reduction of assessment on subdivision lot 3 of outlot 738 of lot 2 for 1882 was referred to the committee on delinquent tax E R Shankland presented the following petition To the honorable mayor and Aldermen of the city of Dubuque Gentlemen the Iowa State Horticultural Society will hold their next annual meeting in this city commencing on the third Tuesday in January 1883 At said meeting there will be a fine exhibit of fruits from our own and adjoining states Also a choice collection of California fruits We respectfully ask your honorable body to allow said society to use the council chamber for their meetings and the city court room for exhibiting fruits yours truly E R Shankland Rules were suspended to allow Mr Shankland to address hte council on motion the prayer of the petition was then granted Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The petition of H Corrance asking to have his assessment for the year 1882 reduced to the amount paid for the same was referred to the committee on delinquent tax The petition of John T Hancock and others asking to change the name of "High Street" to Highland Place was referred to the committee on streets and the committee on ordinances An ordinance entitled An ordinance changing the name of High Street to Highland Place was also presented by Messrs John T Hancock and others and was also referred to the same committees The petition of Mrs Florence McCarthy asking to cancel her tax was referred to the committee on delinquent tax The petition of Bridget Burke for cancellation of the tax of 1882 was referred to the committee on delinquent tax The petition of Patrick Smith to cancel his tax for the year 1882 was referred to the committee on delinquent tax The petition of John Mueller asking the cancellation of the tax on the estate of John Sutter for the year 1882 was referred to the committee on delinquent tax The petition of Mrs Pat Fox to cancel tax was referred to the committee on Del Ta Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The petition of R Martin asking to refund money paid upon Transient Merchant license or to apply to his credit upon taxes was referred to the committee on claims the communication of C J Brayton auditor asking the council to order a warrant for $24.20 drawn in his favor for the purpose of redeeming part of mineral lot 158 containing 2 67/100 acres and known as the John T Hancock property was referred to the committee on finance The petition of Catherine Pantins asking the remission of aes for 1882 was referred to the committee on delinquent tax The petition of Mrs George Siege asking for the cancellation of the taxes of 1882 was referred to the committee on delinquent tax the petition of George Zumhoff and son asking the reduction of their assessment for 1882 was referred to the committee on delinquent tax The petition of Mrs Bridget Roach to cancel the tax of 1882 was referred to the committee on delinquent tax The petition of John J Curley for the refunding of the sum of $3.60 as over assessment for the year 1882 was referred to the committee on delinquent tax the petition of Ms Michael Kelly asking to redeem her homestead was referred to the committee on del tax Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The following communication was presented and read Dubuque January 2 1883 Hon Ciy Council City of Dubuque Gentlemen I respectfully state to your hon body that I have this day appointed T OSullivan my assistant in making the assessment of the city Dubuque for the year 1883 Hoping this appointment will have the approval of your Hon Body I remain Your obedient servant Gottfried Gmehle Ald Jones moved that the appointment made by Mr Gmehle be approved and the communication ordered received and filed The petition of Mrs Wm Mussehl asking the council to order her tax cancelled for the year 1882 on lot no 6 Dribblebies Addition was referred to the committee on Del Tax The petition of Michael Watters and Others for a four foot sidewalk and a lamp near Roberts Avenue was referred to the committee on streets and the committee on police and gas The petition of Margaret Kuntzmann asking the council to cancel her tax on lot No 20 Hoopers Addition was referred to the committee on delinquent tax The petition of Mrs Kate Bannon asking the council to cancel her tax for the year 1882 on city lot N 1/3 of 556 was referred to the committee on del tax Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford the petition of John P Page asking the icty to sell him part of lot No 304 situated upon the corner of Fourth and White streets was referred to the committee on public grounds and buildings The petition of John M Keneaty to refund him the sum of $3.50 as amount of over assessment was referred to the committee on claims the petition of John Sullivan and others asking the council to cause the obstructions on west locust street to be removed was referred to the committee on streets and the marshal The petition of Messrs Carr Ryder and Wheeler asking for a reduction of their assessment on lot no 501 in East Dubuque was on motion of Ald Jones referred to the committee of the whole the petition of Charles Stafford asking for a rebate of his taxes on his property which was destroyed by fire was referred to the committee on claims the petition of Sister Mary Xavier and others asking for the placing of a lamp on alta Vista Street about 200 feet north of Julien Avenue was referred to the committee on police and gas The city council then adjourned until 2 o'clock pm the city council met at 2 o'clock pm Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The city auditor reported the total amount due the city officers and employees for the month of December 1882 at $1230.74 Report was received and filed and ordered that warrants be drawn in favor of the different persons for the several amounts due them The city marshal reported the amount required o pay the regular and special police during the month of December at $1015.00 He also reported the number of arrests made during the same month at 40 The report was received and filed and ordered that warrants be drawn n favor of the different persons for the several amounts due them Street commissioner W H Foster reported the total amount expended on streets during the month of December 1882 at $461.00 for which orders were necessary to be drawn to pay the several men employed The report was received and filed and ordered that warrants be drawn in favor of the different persons N C Ryan reported having weighed 207 drafts on the first ward during the month of December 1882 Amount collected $31.15 The receipt of the treasurer attached for 4.65 being 15 percent due the city Report received and filed The wood measurer reported having measured 991 1/2 cords of wood during the month of december amount received for measuring the same $4605 report received and filed Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The city recorder reported having issued licenses during the month of December amounting to the sum of $105.00 report received and filed The lamp lighter reported having lighted 196 gas lamps during the month of December 1882 Report received and filed Charles Pitschner reported that he had weighed at the west dubuque scales during the month of December 190 drafs Gross receipts are $28.50 the receipt of the treasurer attached for $4.27 being 15 percent of the amount due the city report received and filed The market master reported having weighed 209 drafts on the market house scales during the month of December 1882 Gross amount of recceipts $31.35 the receipt of the treasurer attached for that amount Also to board of prisoners 169 meals at 20 cents per meal amount due the officer $33.80 Report received and filed and ordered that a warrant be drawn in favor of mr Rice Market master for $33.80 the city engineer presented the following To the hon Mayor and city council of Dubuque Gentlemen Herewith is presented as ordered by your hon body October 7 1882 a profile and plat of eleventh street west of bluff Street showing the proposed chang of grade from the red line to the blue line north the Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford plans of improving the intersection of Eleventh and Grove Streets Respectfully M Tschirgi Jr City Engineer Plat and profile was referred to the committee on streets The petition of Rev Joseph Kuemper asking the council to cancel the tax of Mrs. Dr Risatsch for the year 1882 was referred to the committee on delinquent tax The petition of Margaret Loetscher for cancellation of the tax of 1882 was referred to the committee on delinquent tax The petition of Rev Pat'k Burke asking for a reduction of the rent due upon the use of city hall as a place of holding the recent Cathedral fair was referred to the committee on public grounds and buildings The communication of the recorder asking for the compilation of an index book was referred to the committee on finance The committee on claims with the city attorney made the following report upon the petition of Henry Hagerman who sustained injuries from an accident Your committee would report that after careful investigation that petitioner be allowed the sum of $500.00 in full of all demands and the suit of dismissed each party paying its own costs report adopted and ordered that a warrant be drawn in favor of Mr Hagerman for $500.00 Theo Altman Pat Clancy Louis Doerfler Com Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford the committee on claims reported upon the petition of P H Halpin recommending that the prayer of the petitioner be granted and that a warrant be drawn in favor of Mr Halpin for $5.00 to compensate for repair to fire plug The committee on claims reported adversely upon the petition of Mary Brunskill asking the correction of tax receipts report adopted The committee on printing to whom was referred the bill of the daily telegraph of one hundred dollars made the following report Your committee has investigated the bill of the daily telegraph and find that for the past six moths the bill calls for about one half the work therefore we recommend to allow fifty dollars for said work one half what the bill calls for Report adopted and ordered that a warrant be drawn in favor of the daily telegraph for $58.00 The committee on police to whom was referred the petition of Charles Stuart complaining of a nuisance reported upon said petition as follows Your committee have waited upon mr Roberts and he has complied with what they wanted report adopted The committee on delinquent tax reported upon the petition of Mr H WAgner asking to cancel her tax of 1882 Cox's addition recommending that the petition be granted Report adopted Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The committee on Delinquent Tax to which was referred the petition of the Norwegian Plow Company reported as follows Your committee recommend to cancel the personal property assessed to Norwegian Plow Company for 1882 Also to reduce the assessment on lots 2 and 3 of Block 11 Dubuque Harbor Company Addition to $1400.00 for 1882 Report adopted The committee on delinquent tax reported on the petition of Mrs Bridget McMahon recommending that her tax for 1882 on lot no 5 of outlot 682 be cancelled report adopted The committee on delinquent tax reported upon the petition of Mary Gilmore recommending that petitioner pay ten dollars in full for the tax of 1882 report adopted the committee on delinquent tax reported upon the petition of Ann Curtis asking to cancel her tax for the year 1882 on lot 23 in the subdivision of Mineral lot 149 recommending that the petition be granted report adopted The committee on delinquent tax reported upon the petition of Susanna Bornheiser asking to cancel her tax for 1882 recommending that the said petition be received and filed report adopted Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The committee on delinquent tax reported on the petition of Geo W Suckett asking to cancel his taxes for the years 1881 and 1882 and also his team license for 1882 recommending that the said petition be received and filed. Report adopted The committee on delinquent tax reported on the petition of C Consur recommending that lot 27 Fengler's addition be exempt for 1882 report adopted The committee of the whole reported on the petition of J R Waller recommending that the assessment on lot 565 be reduced to $9000.00 for the year 1882. Report adopted The same committee reported on the petition of GEo Richardson recommending that his assessment for 1882 be reduced to $7000.00 report adopted The same committee reported on the petition of Albert Leute recommending that the same be received and filed report adopted The same committee reported on the petition of Elizabeth Martin recommending that the same be received and filed report adopted The same committee reported on the petition of E H Sheppley recommending that the assessment for the year 1882 be reduced to $600.00 report adopted Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The same committee reported on the petition of Mrs M J Everett recommending that the assessment be reduced to the sum of $1500.00 for 1882 report adopted The same committee reported on the petition of John D Bush asking to refund the sum of $2000.00 paid on Nightengale damage case recommending that the same be received and filed report adopted The same committee reported on the petition of Wm Corcoran recommending that the assessment be reduced to $2500.00 for the year 1882 on lot 562 report adopted The same committee reported on the petition of Michael McMahon recommending that his property on 19th street be reduced to $740.00 and the south 31 feet of 125 to $785.00 report adopted The same committee reported on the petition of Joseph Herig recommending that his hotel property be reduced to $11,00 and Kriegs ad lot left as is report adopted the same committee reported on the petition of mrs Bernard Kistler recommending that the same be received and filed report adopted Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The chairman of the committee of the whole recommended that Mr James Beach be requested to attend and give required information in relation to his assessment on motion adopted The committee on finance reported on the communication of C J Brayton recommending that the recorder be instructed to draw a warrant in favor of C J Brayton Auditor for $4.50 for the purpose of redeeming lot no 11 Bradley's subdivision assessed to Mary Ryan report adopted The committee on finance reported upon the communication of James F Hedley in relation to auction sales recommending that the same be received and filed report adopted The committee on finance reported on the communication of the city attorney in relation to new tax sales book recommending that the same be received and filed report adopted The committee of the whole reported on the petition of A Palmer and T W Reute recommending that the assessment for 1882 be reduced to $5000.00 report adopted The same committee reported upon the petition of Emma Scott for the estate of George W Scott recommending that the assessment on moneys and credits for 1882 be reduced to $6000.00 report adopted Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The petition of the Key City Furniture was taken up Ald Jones that the action had at the December session be reconsidered carried Ald Jones thenmoved that the assessment of the said furniture company for the year 1882 on real estate be placed at $5000.00 and on personal property at $3000.00 adopted The committee on finance reported as follows on the petition of Mr A Graham to the honorable the council of the city of Dubuque Gentlemen Your committee to which was referred the communication of A Graham in relation to a settlement made with Wm Hintrager by the city and Graham an dWooton and in which setlement the premises of Graham and Wooton were to be relieved from a tax deed held byb said Hintrager would respectfully report that over a year ago terms of settlement were agreed upon onder which the city was to pay a certain part and said Graham and Wooton a certain part each That the consideration for such payment by the city was the legal establishment of Hill street south of Fifth Street where the same runs through and over the premises of said Wooten and Graham That in pursuance of such settlement an order was drawn in favor of Hintrager and the sums to be paid by Wooton and Graham were deposited with the treasurer that since the deposits were so madde the city through its attorney and also the finance committee preceding the present one Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford has often and persistantly endeavored to persuade and compel said Hintrager to take the money so agreed upon and deposited as aforesaid and quit claim the premises to send Graham and Wooton but that said Hintrager neglecs to do so though he does not deny the terms of settlement Your committee would further state that suits are pending in the District Court brought by Hintrager agianst said Graham and Wooton to quit title in said premises under his tax deeds that the city has through its attorney defended said suits that soon after the said settlement was made by the court of the cases aforesaid and that at the next term of said court a decree will be entered cancelling the deed aforesaid and further that the money of said Hintrager on deposit as aforesaid is not drawing any interest The foregoing report was referred to the committee on Finance Ald Jones offered the following report as chairman of the finance Committee on the instructions referred to the said committee The Finance Committee to whom was referred the matter of issuing new loan warrants in place of defaced warrants held by mary S Blake have ascertained that said defaced loan warrants are as follows No 1312 1313 1314 each for Two Thousand Dollars dated August 1 1881 payable February 2nd 1882 and bearing interest at 6% per annum interest for six months being paid Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford on each warrant Also loan warrant No 2671 for one thousand dollars dated February 17 1881 due one year from date and bearing interest at 6% per annum one years interest paid on this warrant Also loan warrant 2672 for one thousand four hundred and ninety four dollars and sixty nine cents dated Febriaru 17 1881 due two years from date and bearing interest at 6% per annum one years interest paid on this warrant report adopted Ald Jones thereupon offered the following in connection with the foregoing report therefore be it resolved that the city recorder be and is hereby instructd to draw new loan warrants to replace defaced warrants by making 1 loan warrant for $2000.00 dated August 1 1881 1 loan warrant for $1000.00 dated February 17 1881 1 loan warrant for $1494.69 dated February 17 1881 The first three nos 1313 1314 1312 due Februry 2 1881 hearing 6 percent interest per annum with interst for six months paid The fourth no 2671 due one year fromn date bearing 6% per annum with interest for one year paid resolved further that the Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford defaced warrants be destroyed in open counci at its next session B W Jones Theo altman the foregoing resolution was adopted Ald Kavanaugh offered the following Where as it is deemed adviseable by the city council of the city of Dubuque to lay out and extend Grand View Avenue through and over a part of lot no 5 mineral lot no 20 owned by Bridget McMahon said Grand View Avenue to be a public highway therefore be it resolved by the city council of the city of Dubuque that the city Engineer be and is hereby directed to make a survey and plat of such proposed improvement and extension and the premises aforeaid showing the land and lot through and over which said street is proposed to be extended the same of the owner or owners thereof and the quantity of land proposed to be taken and file said plat in his office for public inspection and give the notice required by ordinance to the owner or owners of said premises Resolution adopted Ald Altman offered the following whereas our fellow citizens have seen fit to recognize the ability and integrity of our efficient officer Mr Dominick Hoffman and elected him to the office of Justice of the Peace Be it resolved by this council that in accepting Mr Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford Hoffmann's resignation we not only lose one of our oldest policemen but one whos place it will be difficult to fill Therefore be it resolved that we as a council extend to him our regrets at his loss and our congratulations on his success in the late election Resolution adopted the special committee to whom was referred the petition of Mrssrs G K Graves and others asking for to have fourth street extended so as to reach the West line of Stone quarry as follows Your Committee moved report that they have considered the within petition that they have visited the place that the city engineer has made a diagram showing the location and elevation and we find the grade is a fraction over 44 feet to the 100 which makes it inpracticable for street purposes Therefore we report adversely to the granting of the petition B W Jones Theo Altman Pat Clancy Louis Doerfler Report adopted the following claims were then read and ordered paid D W Linehan Key City Hook and Ladder Co Fred Kleih W M Faust H F Deckert Advanced by Marshals M Mhoney committed in payroll Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford Andrew Tredway and Sons Sol Turck Engine House christman & Healey Arnold Tschirgi Joseph Klinfried Woodward Strinsky and Comp Phil Pier Felix Agnew C H McMaster F Schloz James Kelly Hansen and Linehan Steam Supply Company Mrs Koenig John Hartig Rent of engine House Key City Gas Company Larry Daley John Finnerty John McCoy (repairs) Laflin and Rand Powder Co Sol Turck Engine Co Dubuque Daily Times Ffith Ward Hose Company Dubuque Daily Herlad John Harvey J J Linehan Host Co Dubuque Water Company Knapp Stout and Company John Rankin Chamberlain Plow Co Western Telephone Company Phil Pier Spear and Lee Peter Vogel C H McMaster H A Schunk Geo W Burden Dr Asa Horr E H Dickinson Peter Klauer T O Sullivan Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford Henry smith Phil Doerr Anton Heisler John Corbert Martin Gleason Omitted from payroll in November H Martin Seventh W to Jack James Gillespie John Laven M finnigan John Ahern Pat Dempsey Michael Laven Mike Kane Janatz Schuster John Leitinger John Gilleas Macadam broken in the month of December T E Frith J J Linehan Engine Comp thomas Murray John Harvey Howard and Linehan D D O'Connell F Mencel Wm G WAtters Phil Pier Fitzpatrick and O'Rourke A Matthews (Duffy Lease) The claim of A Matthews which was ordered paid was on motion recommended and then by motion of Ald Jones was received and filed an order having been passed in favor of Treasurer Schrunk for the same amount being advanced to mr Matthews The claim of F Roehl of $1.65 for Wheel barrow was referred to the committee on streets The claim of D S Wilson for $26.40 as expense in the Duffy case was referred to the commitee on Finance Regular Session January 2 1883 Mayor Linehan in the chair Present Ald Altman Clancy Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger 9 Absent Ald Crawford The claim of John Murphy of $13.75 for labor on streets was referred to the committee on streets The claim of T J Donohue for $56.40 for furnishing broken rock was referred to the committee on streets the claim of Michael Lavan of $6.08 as back pay on streets was referred to the committee on streets The claim of Larry Daley of 40 cents for taking drunken gentlemen to the calaboose was referred to the committee on police the claim of J C Paine of $1.65 for repairs was referred to the committee on police The claim of N H Thedinga for $24.00 supplies to streets was referred to the committee on streets the council then adjourned to Monday evening January 8 1883 at half past seven oclock Attest Martin Kane Recorder Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger the petition of Sarah Devine asking to cancel her taxes for 1882 was referred to the committee on delinquent tax The petition of Mrs Kate Seidel to cancel the tax of 1882 was referred to the committee on delinquent tax the petition of John Dietrich for a reimbursement on an erroneous assessment and tax sale was referred to the committee on Finance and the City Attorney The petition of G Blocklinger to cancel an old tax sale upon lot 316 of the year 1859 was referred to the committee on finance and the attorney The petition of Mary A Mulkern asking to cancel her tax on lot no 221 was referred to the committee on delinquent tax The petition of clayton Wells stating that he had been seriously injured onon the evening of May 2 1882 by falling into an open excavation in one of the streets of the city while crossing the same was referred to the committee on claims and attorney to examine and report upon the matter of the claim of damages for the injuries claimed to hve been sustained Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger The petition of wm K de Lorimier asking the council to cancel the assessment of 1882 on moneys and credits was referred to the committee of the whole The petition of Mrs H Krueger to cancel her tax of 1882 ws referred to the commitee on delinquent tax the petition of Wm Carter asking to cancel taxes on property used as church edifice for services was referred to the committee on delinquent tax and attorney the petition of Henry Hune to reduce the assessment of the year 1882 was referred to the committee of the whole Frank Fosselman reported that he had weighed on the Fifth ward scales in the month of December 1882 177 drafts gross amount $26.55 The treasurer's receipt attached for $4.00 being 15 percent of the gross amount report received and filed Bernard Schulte made the following report of the hogs beeves and veals weighed during the month of December No of hogs 1442 carcases of beef (or quarters) 428 Veal 103 Amount received $270.05 The treasurers receipt attached $40.08 report received and filed The bill of C H Robinson for $2.50 for labor was referred to the committee on streets Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger The claim of T J Donohue for the sum of $56.80 for furnishing rock together with an affidavit vouching for the correctness of the same from an employee of Mr Donohue by the name of Mr B Coulon was referred to the committee on streets The bill of Th Reichel of $1.40 for stove blacking was ordered paid and a warrant ordered drawn for that amount The bill of Messrs Pfiffner and Kriebs for $21.80 as supplies to the committee of Fire Department for the use of the Fire Department was ordered to be paid and a warrant ordered drawn for that amount. the bill of M Bewer and Son of $3.00 for furnishing gloves on Decoration Day was ordered paid The following bills were read and ordered paid having been omited by Mr Reynolds in the month of December George Schon Peter Spahn Wm Reimann Peter Jurding the bill of the Dubuque Cabinet Makers Association of $6.00 was ordered referred to the committee on police The bill of Jas J Dunn Clerk of Courts presented the costs of the court in teh Hagerman case to the amount of $41.90 referred to the city attorney Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger The bill of A L Clark for $5.08 for repairs in Treasurers office was ordered paid the bill of M J G LaNicca for $1.85 for supplies to the city hall was ordered paid The bill of T OSullivan for $25.00 for making abstract for special railroad committee per order chairman was ordered paid George Reynolds ex-street commissioner reported the following street employed laborers and the amounts due them as having been omitted in the month of December 1882 all of which were ordered paid Mike McCome Jerry Griffin James McGovern Mike Finnigan anthony McGrain John McBride Con Sullivan John Ahern John Corbett Mike McGraw James Mallory Chris Moser John Collins John Finnerty John Ney John Brachtenbach Mike Kane Dan McClain Mike Ahern Con Mahony Jhn Kenna Patrick O'Connor felix Flanagan Martin Gleason Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger Tom Allen Jeff mcGrath Mrs Whalan William Howard Mike Reynolds John Murphy The above expenses were distributed in the following places Julien Avenue Locust Street South Dodge Fifth Street Wall General Repairs and Cleaning Total 141.20 The bill of the Key City Gas Company for $17.50 for the Fire Department was ordered paid The bill of the John McCoy for $16.75 for repairs to foot bridge on 19th street was ordered paid Ald Crawford Chairman of the Committee on Streets reported upon the bill of T J Donohue for 56.40 for rock recommending the payment of $35.70 having been reduced to that amount by street commissioner Reynolds Report adopted and ordered that a warrant be drawn for $35.70 in favor of Mr Donohue Ald Crawford from the committee on strets reported in favor of making a settlement with mrs Polly Jarrett for injuries sustained by falling over obstruction and moved that the recorder be requested to draw the following orders which motion was adopted 1 warrant in favor of mrs Jarrett for $100.00 1 warrant in favor of Isaac Evens for $28.00 for her care and one warrant in favor of Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger Dr Geo Minges for $20.00 for professional services from September 29th 1882 to October 24h 1882 Upon the following release the recorder complied with the foregoing instructions Dubuque January 11 1883 For and in consideration of one hundred dollars in hand paid by the city of Dubuque I hereby release and discharge said city of Dubuque from any and all claims whatsoever and particularly on account of any and all claims for damages for injuries receeived by me by falling over or upon an obstruction alleged to have been on the sidewalk or street of said city on or about September 26, 1882 Polly Jarrett her mark x Witness J H Shields Martin Kane Esq City Recorder On delivery of this receipt please give the bearer mrs Polly Jarrett the $100.00 order allowed her at last adjourned session of the council as I understand it there is also due Isaac Evans $28.00 and Dr G Minges $20.00 on account of this matter J H Shields Attorney & C The special committee to whom was referred the application of the Illinois Central Railroad Company made the following report to the City Council of the City of Dubuque The undersigned your special committee to Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger which was referred the application of the Illinois Central Railroad Co for right of way and certain trackage facilities respectfully submit the following report The right of way asked for by the railroad company is for a track connecting with the Dubuque and Dunleith Bridge Company's track at a point north of 5th street and running thence southerly parallel with and 28 feet east of the bridge company track to the south side of Jones street From the point of commencement of the track at its connection with the bridge track to the north line of the Ice Harbor ground the proposed track will occupy the westerly fourteen feet of the one hundred foot strip recently conveyed to the city by Messrs Booth and Stout This will have remaining of the one hundred foot strip eighty six feet 86 a width broad enough for six additional railroad tracks each fourteen wide which your committee believe will be amply sufficient to accomodate all the lines of new railways that are at all likely to enter or pass through the city from the east or south for many years to come this is in addition to the twenty foot strip reserved by Messer Booth and Stout east of the bridge track which can only be used for public purposes from the north line of the ice harbor ground at the terminus of the one hundred foot strip owned by the city to first street the proposed track will occupy the westerly fourteen feet of the ground conveyed by Booth and Stout for the ic e harbor from first to Jones street the track will run on the east side of Iowa street on ground which will mostly have to be filled to grade This portion of Iowa Street at present Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger lacks about twelve feet of being filled to its full width on its Easterly side of teh railroad company proposes to fill the street its full width remove the sidewalk to the east line of the street and lay new track inside of the sidewalk It will be seen that after the street is filled to its full width and the new track laid as proposed there wil be as much or more of the street left free for ordinary travel than at present A large proportion of the new track will have to be filled The estimated expense of teh necessary filling is about five thousand dollars which is at the rate of about eight thousand dollars per acre It certainly cannot be said that the railroad company will obtain the right of way for nothing In asking for the right of way in question the officials of the company state that the growth of Dubuque and the large increase of their business at this point renders it absolutely essential that they should have greatly increased facilities for doing business than heretofore in order to accommodate shippers and the traveling public At present all trains run through the city on one track Frequently when crowds of people are assembled awaiting the arrival or departure of passenger trins long freight trains are compelled to either run through the passenger depot on the one soliray track to imminent danger of life or are delayed until the track can be cleared In view of the situation it is certainly most fortunate that serious accidents to life and property have not already occured After a careful considertion of the subject and consultation with our principal business men and others most interested in the prosperity of Dubuque Your committee Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger are ckearkt of the opinion that it is for the best interests of the city that the application of the Railroad Company should be granted In coming to this conclusion however we recommend that the concession should be carefully guarded and such considerations stipulated as will prevent any possible detriment from resulting to the city and also render it impossible that the privileges granted to the Central Company can be so used as to create any obstruction or hinderance in the way of any other railroad company desiring to enter or pass through the city To this end we have conferred freely with the officials representing the company and have agreed with them upon certain conditions which are all we could reasonably ask and are entirely sufficient to guard our interests The principal of these stipulations are that any new railroad company coming into the city should be allowed to cross the tracks of the Central Company at any point North of the South side of First Street each company to pay one half the expense of putting in and mamintaining each crossing that the Central Company if called on at any time within three years shall be obligated to fill a track outside of and adjoining the present proposed track for the use of any new railroad entering the city for a reasonable compensation not to exceed Six Thousand Dollars $6,000.00 that the rights granted shall not be used in any way to obstruct any new in entering or passing through the city that the slolpes at the foot of Second and Fourth Streets shall be extended out on the outside of the proposed track as far and on so easy an incline as at present and covered with suitable hard material that the company will plank between the tracks and between the rails of each track at all street crossings the full width of the streets crossed so as to afford easy crossing for trains and vehicles and that the company will proceed to fill to grade the blocks of ground on both sides of Iowa Street from First to Dodge Street in conformity with the resolutions of the Council heretofore adopted with these conditions carried out in good faith by the Railroad Company as they are necessarily bound to be we believe that the advantages which will result to the city therefore will be at least equal to those derived by the company Your committee was anxious to obtain the further stipulation that the company would erect a new passenger depot within two years to take the place of the wretched structure which at present disgraces the railroad and the city but found it to be impossible Mr Jeffrey the general superintendent stated to the committee that while he intended if possible to erect a new passenger depot during 1883 yet that it was impossible for him to bind the company to do so and that if the committee insisted on that condition it would be tantamount to a direct refusal to grant the rights asked for by the company Under these circumstances the committee deemed it the wisest course to reced from a condition which if insisted on would have put an end to all negotiations We are confident however from the assurances of Mr Jeffrey who impressed the committee as a reliable and honorable gentleman of enlarged and liveral views that it is his intention so far as he can control the matter Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger to erect a new depot at as early a day as possible The last condition above mentioned as agreed to by the company that of filling the blocks on both sides of Iowa Street from First to Dodge Street is regarded by your committee as very important and one which will result in great benefit to the whole lower part of the cit yIt is already being carried into effect by the company with great energy giving employment to upward of one hundred and fifty 150 laborers the most of whom would otherwise be idle or cimpelled to leave the city to obtain work With the present rapid progress of these improvements below First street which should be contained as rapidly as possible without causing hardship until all the stagment pools shall be filled up and the prospective dredging out of the Ice Harbor between First and Third Streets by the United States Government transforming it into a broad basin with paved levees on its three sides and the improvements planned by messrs Booth and Stout of their property North of the Ice Harbor carried into effct our River front which has now so forborn and dismal an aspect with its sloughs and desolute mud islands will begin to take on a new form and shape and present a more attractive appearance the stpulations agree upon between the officials of the Railroad Company and your committee have been embodied in an ordinance which we present herewith We recommend that the application of the Illinois Central Railroad Company be granted on the conditions heretofore mentioned in this report and Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger such others as are stated in said ordinance We further recommend that the ordinance accompanying this report entitled An ordinance granting Right Way to the Illinois Central Railroad Company over certain streets and public grounds in the city of Dubuque be put on its passage and adopted Respectfully submitted P W Crawford Pat Clancy P C Foley Ald Crawford moved that the foregoing report be adopted by the city council The rules were suspended and Mr W J Knight allowed to address the council advocating the adoption of the report and presented his views upon the advantages to be derived from the granting of the ordinance about to be presented A vote was taken then upon the motion of Ald Crawford to adopt the report of the committee and was carried by a vote of seven for and three against as follows Yeas ald Altman Clancy Crawford Foley Glab Kavanaugh and Olinger 7 Nays Ald Doerfler Deckert and Jones 3 Ald Crawford then presented the following ordinance an ordinance granting right of way to the Illinois Central Railroad Company over certain streets and public grounds in the city of Dubuque Be it ordained by the city council of the city of Dubuque Section 1 that authority be and the same is hereby granted Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger to the Illinois Central Railroad Company its successors and assigns to use so much of the public grounds and highways of this city as may be necessary on which to construct operate and forever maintain and use railroad tracks for the running of locomotives cars and trains of cars for the uses and purposes of its railroad as follows: A single track from a point of junction with the Dubuque and Dunleith Bridge Company's track north of fifth Street to be selected by the Engineers of said Railroad Company then southerly to a point where the center line of said bridge company's track will be twenty eight (28) feet distant from the center line of said new track thence southerly and parallel to said bridge company's track maintaining said distance from center to center therefrom to and across Jones Street Also such tracks as may be necessary to connect in a proper and suitable manner the track to be laid as aforesaid with whatever tracks may be laid by said company its successors or assigns on Block No Two in the Dubuque Harbor Company's Addition to the City of Dubuque Also such tracks as may be necessary across Jones Dodge Charter and Camp Streets and Railroad Avenuein said Harbor Company's Addition East or West of Iowa Street to connect or etend any tracks said Railroad Company may construct or lay on or along the property now owned by it on either side of said street Also a track from the south side of First Street along Warren Street in said harbor Company's Addition Southerly to connect with tracks laid or that may be laid by said company on Iowa Street it is understood that Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger this ordinance shall be construed to be a mutual contract between the City of Dubuque and said Illinois Central Company and in consideration of the rights and privleges hereby conferred upon said company it hereby agrees and by acting in any manner in pursuance of this ordinance shall be taken to contract and agree as follows that with all reasonable diligence after the passage of this ordinance it will lay the track from Jones Street north first hereinbefore provided that as required by the resolution of the city council of this city heretofore passed on the subject it will fill to grade the west one hundred feet of Blocks Two Three and Nine in the East half of Block one and ten in the Dubuque Harbor Company's addition that it will fill for a street to its full width between First and Jones Streets and construct and maintain a substantial plank sidewalk four feet wide as nearly as practicable along the East side of that portion of that street that it will grade and macadamize said portion of said street the full width of the same on either side of the bridge company's track that it will not allow its cars to stand to be loaded or unloaded on Iowa Street at its junction with First street or on First Street that it will plank with good oak plank between the rails of all its tracks on Iowa Street where it joins First Street and on First Street and in a similar manner between said tracks that where any of its said tracks lie next to said bridge company's tracks or the track of the Chicago Milwaukee and St Paul railway company it will plank as aforesaid one half of the space from any of its said tracks toward the track of such Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger other company as aforesaid that it will at all times maintain the planking so to be done in good oder and condition that it will so grade and cover with hard material the slopes from said bridg companys track at Second and Fourth streets the full width of said streets that the incline on them shall not be any greater than it is at present that any railroad company which has not now a line of road into this city and which hereafter builds a new line of railroad into this city shall have the right to cross with its main line of road at any point north of the south line of First Street the track authorized by this ordinance to be laid North thereof the point of crossing to be designated by the city council and the crossing to be put in and maintained at the joint expense of both companies that it will in a proper and suitable manner at all street crossings of the tracks hereinbefore contemplated plank in manner aforesaid between the rails and between the track where it has more than one track and maintain the same in good order and condition that it will carry all sewers and drains crossed by any of said tracks under and across the same so that said drains and sewers shall not be obstructed by the constructio of any of said tracks that it will construct and maintain whenever required by the city council other suitable culverts and drains under said tracks to admit a proper drinage under the same that as the property abutting on Warren Street is filled by the owners said company will fill said street to keep apace with such filling so that said street shall Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger at all times be filled as high as said abutting property that all of said work shall be done to the satisfaction of the city council of this city and the planking hereinbefore provided for shall be done so that vehicles can easily pass over the said tracks and crossings and shall extend across the full width of the streets crossed and said Illinois Central Railroad Company shall further be taken to agree as aforesaid that if within three years from the date of this passage of this ordinance it is requested so to do by the city council for the main line of a new road built into the city after the passage of this ordinance or at the time of such request so being built by a company not now having such a line of road it will within a reasonable time after such request is made and for a resonable compensation in no event to exceed the sum of Six Thousand Dollars ($6,000) and after proper legal authority is assured to it by the city authorizing it so to do do whatever filling may be necessary to prepare a bed on which and such main railroad track can be laid from the north line of first street to the south line of Sixth street the center line of such main track not at any point to be more than fourteen (14) feet east from the center line of the track which shall be laid by said Illinois Central Railroad Company in the same locality in pursuance of this ordinance The compensation herein provided to be paid said Illinois Central Railroad Company for the doing of the filling as aforesaid to be paid or secured to be paid to the satisfaction of said company before it shall be obliged to do Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger said work Section 2 That the track laid in pursuance of this ordinance shall be laid to grade established or that may be established by the city council and shall be raised or lowered at the expense of said Illinois Central Company as said council may after the grade of the street affected by them Section 3 that said company shall strictly comply with all responsible police regulations which the authorities of said city may establish in relation to the running of cars on said tracks within the city limits Section 4 This ordinance shall take effect from and after one publication thereof in the Dubuque Daily Herald the Dubuque Daily Times and the Dubuque Daily Telegraph Newspapers published in this city at the expense of said Illinois Central Railroad Company Passed this 8th day of January 1883 Published January 11th 1883 J J Linehan Mayor Attest Martin Kane Recorder the foregoing ordinance was read the first time when Rule 29 was suspended by the following vote of 7 to 3 Yeas Ald Altman Clancy Crawford Foley Glab Kavanaugh and Olinger 7 Nays Ald Doerfler Deckert and Jones 3 The ordinance was read a second time Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger by its title and passed by a vote of seven for and three against as follows: Yeas Ald Altman Clancy Crawford Foley Glab Kavanaugh and Olinger 7 Nays Ald Doerfler Deckert and Jones 3 Moved that adjournment be had a vote was taken on the motion and rejected by a vote of 3 in favor and 7 against as follows Yeas Ald Altman Doerfler and Jones 3 Nays Clancy Crawford Deckert Foley Glab Kavanaugh and Olinger 7 the special committee to whom was referred the conveyance by the city of Dubuque of deeds to Messrs Booth and Stout in reference to the Ice Harbor and what is known as the 20 foot strip made the following report To the Hon the Mayor and Council of the city of Dubuque Gentlemen Your committee to which was referred the resolution of inquiry as to the regularity and correctness of the deeds of conveyance made by the city of C H Booth and H L Stout and by said Booth and Stout to the City in the matter of the Ice harbor and which is known as the 20 foot strip would respectfully report that on the 7th of October 1882 at the insistance of the board of trade a public meeting of the citizens was held at the Court House with a view to reconcile the differences then existing between the city and Messrs Booth and Stout Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger in relation to the Ice Harbor and to procure the site therefor as selected by the government Engineers that there was a very large representation of the levied tax payers present at said meeting ad after a full and free discussion of the subject the hon J K Graves presented the following resolutions which were read by the meeting unanimously adopted Whereas it is important that title to the lcation for the Ice Harbor as selected by the government be procured immediately upon terms at once just to the city and to the parties owning said premises therefore be it resolved by the board of trace and citizens in meeting assembled that we recomend to the city of Dubuque to procure the title to said site for the Ice Harbor upon the following terms to wit The city to relinquish to Messrs Booth and Stout all right and claim to the property formerly owned by the Central Island Improvement company lying north of said proposed Ice Harbor except the outer levee as shown on the plat of said Central Island Improvement Company and the one hundred foot strip lying immediately east of the twenty foot strip heretofore reserved for an additional bridge company track In consideration whereof said Booth and Stout to covey to the city of Dubuque to used in perpetuity as an Ice Harbor and surrounding levees all the property lying south of a line running parallel with third Street Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger and one hundred feet south thereof and north of the north ine of the Dubuque Harbor Company's property and further that the city shall not be required to fill any streets connecting with the levees of the Ice Harbor and other portions of the plat to be filed until the owners of the property adjoining said streets properly fill said property to grade it being understood that nothing within this paragraph has any deference whatever to the filling of any street or alley by the city North of third Street Adopted October 9 1882 by Council General Booth who was present and took part in the discussion stated in the presence of the meeting that the terms as embraced in the resolutions were entirely satisfactory and if accepted by the city council would end the controversy that thereupon a committee was appointed by the meeting consisting of Messrs GravesThompson Cooper and others to present said resolutions to and urge their acceptance by the council at a special meeting thereof to be called on the Monday following On Monday October 9th when the council was in special session the committee appeared when the following proceedings were had as shown by the record of the council of that date to wit Hon J K Graves addressed the council in favor of the Ice harbor and thought it would be of great importance to the city Ald Jones moved that the above resolutions adopted at the citizens' meeting be accepted by the city council and that the necessary steps be taken to carry out the purposes therein continued the yeas and nays were called for by Ald Altman and the motion of Ald Jones adopted by the following vote yeas Ad Altman Clancy Crawford Deckert Glab Jones kavanaugh and Olinger 8 Nays Ald Doerfler 1 On motion of Ald Glab the city attorney was instructed to draw up the necessary papers to consumate the trade between General Booth and the city and to submit them to the council said papers to coform to the above resolutions That after the foregoing action of the council and as soon as the plat of the Ice Harbor and premises could be prepared a special meeting of the council was called and the conveyances in question submitted by City Attorney Shields as instructed by the council Upon a careful consideration of the resolutions in the nature of a contract adopted by the citizens meeting and accepted by the council as aforesaid and the conveyances submitted by the attorney we find that said deeds are in exact accordance with said agreement and resolutions and the instructions of the council to the attorney the resolution accepted and adopted by the council locate the one hundred foot strip immediately past of the 20 foot strip heretofore Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger reserved for an additional bridge company track That was the contract and this is the exact description and location of the one hundred foot strip as set out in the deeds The foreging is a plain statement of the undeniable facts in the case as shown by the council records and should forever settle a matter about which there has been so much misapprehension mistatement and errof The status and ownership of the twenty foot strip lying immediately east of the bridge company track has not in any manner been changed by any recent negotiations The right of Messrs Booth and Stout and their grantors are the same now as they have been for the past twenty five years as they have been the owners thereof for that period of time In the contract of 1875 made by the city and Messrs Booth and Stout and found in Council Record No 12 page 24 appears this clause and the said Booth is to caused to be conveyed to the City for public use the following described land to wit A strip of land off the west side of the lands conveyed by the city to the Dubuque Central Island Improvement Company by deed dated October 17 1857 the eastern line of said strip being one hundred feet easterly of the eastern track of the D and D bridge company as now located and parallel thereto xxxx subject to the right of said bridge company to occupy a strip 20 feet wide East of its present Eastern Track and Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger adjacent thereto for the purpose of laying an additional track thereon or removing thereto its present track From the foregoing it is plan that the rights and franchises of the Bridge Companay in and to the said twenty foot strip remain the same now as they were under the contract of 1875 under this contract the 20 foot strip was reserved for an additional bridge company trck by the then owners thereof and whatever rights the bridge company has ever had in said 20 foot strip it still retains This report is necessarily long in order to fully understand the facts in connection with the transaction and in conclusion we think it but just to state that Messrs Booth and Stout have throughout acted fairly honorably and liberally with the city and the contract in its letter and spirit is fully and fairly set out in the conveyance made by the parties thereto xx the only changes made n the contract of 1875 is in favor of the city under said contract the city was to get a strip 80 feet wide outside of the 20 foot strip while now the city gets a strip one hundred feet wide Respectfully John Glab Thos Kavanaugh H C Deckert P C Foley The foregiong report was adopted by following vote Yeas Ald Altman Clancy Crawford Deckert Foley Glab Kavanaugh and Olinger 8 Nays Ald Jones Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger Ald B W Jones presented the following minority report upon the Booth and Stout deed to the city in relation to the transfer of the Ice Harbor made upon the following resolution Inasmuch as the Booth and Stout deed to the city in relation to the transfer of the Ice Harbor property does not conform to the resolution adopted by this council therefore be it resolved that the matter be referred to a special committee consisting of one alderman from each ward and the city attorney for the purpose of having new deed made or to have the same modified so as to conform to the true intent and meaning of the resolutions adopted by the council The report is as follows Mr Mayor I submit the following as the minority report of the special committee to whom was referred the resolution in reference to the Ice Harbor deeds The resolution as adopted by the council declares that they Booth and Stout are to convey to the city all the property lying south of a line running parallel with Third Street nd one hundred feet south thereof and north of the north line of the dubuque Harbor Company's property this is the exact language of the resolution the city is to relinquish to them all its right and claim to the property formerly owned by the Central Island Improvement Company lying north of the proposed Ice Harbor except the outer levee as shown Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger in the plat of said Central Island Improvement Company and the one hundred foot strip lying immediately east of the twenty foot strip hereto fore reserved for an additional Bridge Company track The deed executed by Messrs Booth and Stout is not in accordance with the resolution in these particulars 1 they reserve from their conveyance a strip twenty feet easterly from the center of the Dubuque and Dunleith Bridge Company's track and extending from the north line of the Dubuque Harbor Company's addition to the north line of Third Street extended the resolution does not authorize this reservation and exception the conveyance may be made subject to the right of the Bridge Company to use the twenty foot strip for its track but the title should be held by the city the use of this strip made by the Bridge Co or to be made by it is public use not private use and there is no authority for its reservation to private parties 2 A further objection to the deed is that the whole property south of Third Street is conveyed to be used in perpetuity as an Ice Harbor The strip one hundred feet wide lying immediately East of the twenty foot strip reserved for the Bridge Company is embraced in the same condition If the city accepts the deed offered by Messrs Booth and Stout under the condition referred to that the property shall be used forever "in perpetuity" for an ice harbor and the city diverts a portion of the property to other uses and purposes what will be the effect of such a violation of the condition? It may be said that it is well understood by all parties that the strip one hundred feet Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger wide may be and is to be used for other and railroad purposes but where is such understanding expressed? It is not in the deed. I understand that according to law that when property is conveyed upon and under the condition that it be used in perpetuity for a certain and specific purpose a violation of that condition or a diversion of the property to other uses and purposes will cause a reversion of the property to the grantors A committee of this council has already been appointed and has agreed to recommend the granting of a right of way to the Illinois Central Railroad Company over this property and under conditions contemplating a similar grant to another railroad company thus in fact before we have acquired the property under the conditions named we are violating that condition and may be become involved in trouble and litigtion on account of it B W Jones the foregoing report of Ald Jones was on motion received and filed Ald Crawford moved that the petition of C H Booth and H L Stout asking for right of way for a track across Third and sixth streets be taken from the hands of the committee of the whole A vote was taken upon said motion and was carried by a vote of 6 for and 3 against as follows Yeas Ald Clancy Crawford Foley Glab Kavanaugh and Olinger 6 Nays Ald Altman Deckert and Jones 3 Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger Ald Crawford chairman of the special committee then re-read the following report on the petition of Messrs Booth and Stout asking said right of way and moved that the report be adopted Report is as follows to the city council of the city of Dubuque Your special committee to which was referred the petition of C H Booth and H L Stout asking the city council to grant them the right of way for a railway track across the strip of ground owned by the city of Dubuque East of and adjoining the track of the Dubuque and Dunleith Bridge Company between 3rd and 6th streets beg leave to submit the following report The track for which the right of way is asked by petitioners is intended shall cross the strip owned by the city on a curve from some point on the bridge company's track between 4th and 5th streets and run thence to some point on the levee on the main river north of third Street It will also necessarily cross or occupy some portions of the streets and alleys shown on the plat of Booth's Addition. the petitioners propose to construct the track for the purpose of filling and otherwise improving their property between the Ice Harbor and Sixth Street and also in order to afford permanent connection between the tracks of the different lines of railway crossing into th ecity and the levee and the warehouses manufactories mills and other enterprises which they confidently anticipate will be constructed and put in operation on their property in the near future As the privilege asked Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger for is desired by our own citizens for the purpose of enableing them to improve and build up and render valuable a portion of the city at present valueless. Your committee recommend that the prayer of the petition be granted on the condition however that the track across the city's ground shall be put in at a grade to be approved by the city council and in such a manner as not to obstruct or interfere in any way with the use of said strip by any railway lines which the city may hereafter authorize it to be laid thereon and on the further condition that the city shall have the right to compose any reasonable police reguations and to reuqire said booth and stout their assigns or legal representatives to plank pave or macadamize between and adjacent to the rails of their said track where it may cross said strip or any steel or alley which it may cross or occupy in Booth's addition respectfully submitted P W Crawford P C Foley Pat clancy Ald Crawford moved that the foregoing report on the Booth and Stout petition be adopted A vote was taken upon the motion and was carried by 5 for and 4 against as follows Yeas Ald Clancy Crawford Foley Glab and Kavanaugh 5 Nays Ald Altman Deckert Jones and Olinger Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger Ald Crawford then presented the following An Ordinance Granting to C H Booth and H L Stout the Right of Way for a Railroad track over and along certain property and highways in the city of Dubuque. Be it ordained by the city council of the City of Dubuque Section 1 that permission be and the same is hereby granted to Caleb H Booth and Henry L Stout their successors assigns and legal representatives to lay down and operate a single railway track from a convenient point on the Dubuque and Dunleith Bridge Company's track between Fourth and Fifth Streets over and along the pubilc property owned by the city in an easterly direction to and along the alley between Third and Fourth streets and along said alley easterly to the levee as shown on the plat of Booth's Addition. Sec 2 The said franchise is given upon the express condition that the track so permitted to be laid and operated shall be put in at a grade to be approved by the city council and in such a manner as not to obstruct or in any way interfere with the use of what is known as the one hundred foot strip lying East of the bridge company's track by any line or lines of railway which the city may hereafter authorize to be laid thereon and upon the further condition that the city of Dubuque Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger shall have the right to impose any reasonable police regulations in connection with the use and operation of said track and also to require said Booth and Stout their assigns or legal representatives to plank pave or macadamize between and adjacent to the rails of their said track where it may cross the one hundred foot strip of any street or ally which it may cross or occupy in Booth's Addition Sec 3 That in the construction of the track provided for herein sufficient water ways shall be left in the discretion and under the direction of the City to allow the full flow of water where said track crosses the inner and outer sloughs Sec 4 the rights hereby conferred are to be accepted and acted upon and said track said and operated in accordance with the provisions of this ordinance within the period of five years from the date of the passage of this ordinance and if not so laid and operated in the time aforesaid all rights hereby granted shall cease and determine Sec 5 This ordinance shall be in force from and after its passage and one publication in the official papers of the city at the expense of said Booth and Stout Passed January 8 1883 J J Linehan Mayor Attest Martin Keane Recorder Published January 14 1883 Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger the foregoing ordinance having been read the first time Rule 29 was suspended by a vote of seven in favor and three against as follows Yeas ald Clancy Crawford Deckert Foley Glab kavanaugh and Olinger 7 Nays Ald Altman and Jones 2 the ordinance was then read a second time by its title and was passed by a vote of seven in favor and 2 against as follows Yeas Ald Clancy Crawford Deckert Foley Glab Kavanaugh and Olinger 7 Nays Ald Altman and Jones 2 Ald Crawford offered the following whereas lots numbers ne two three four five six seven eight nine ten and eleven in the west half of Block Ten in the Subdivision of the Dubuque Harbor company's addition to the city of Dubuque said half blk being situated on the East side of Main Street between Jones and Dodge Streets are subject to be and are covered by stagnant water at all seasons of the year to the great detriment of the health and prosperity of the neighborhood be it therefore resolved by the city council of the city of Dubuque that the owner or owners of said lots be and are hereby ordered and required to fill and raise each of said lots to a height even with the present surface of that position of Main Street even with the present surface of that portion of Main Street fronting said lots respectively said filling and raising to be fully completed on or before the first day of July AD 1883 2 that if any owner or owners of any of said lots above designated Regular Session January 8 1883 Mayor Linehan in the chair Present Ald Altman Clancy Crawford Glab Deckert Doerfler Foley Jones Kavanaugh and Olinger shall neglect or refuse to fill up and raise said lots or any or either of them within the time herein designated said filling shall be done at the expense of the city and the cost thereof with all incidental expenses connected with said filling assessed upon the lot or lots so filled respectively Ald Crawford moved that the foregoing resolution be adopted Amended by Ald Deckert that it be referred to the committee of the whole A vote was taken upon the amendment and adopted by 5 in favor and 4 against as follows Yeas Ald Altman Deckert Glab Jones and Olinger 5 Nays Ald Clancy Crawford Foley and Kavanaugh 4 the petition of Mr B B Richards on assessment was read again the rules were suspended and Mr Richards allowed to address the council asking to cancel his assessment on moneys and credits and on household furniture for the year 1882 maintaining that he was not possessed of such taxable property Ald Crawford moved that the said assessment be canceled adopted Ald Crawford offered the following Resolved that Booth's Addition as shown on the plat of the same submitted to the council at a former meeting be and the same is hereby approved A vote was had and the resolution rejected by four in favor to five against as follows Yeas Ald Clancy Crawford Foley and Kavanaugh Nays Ald altman Deckert Glab Jones and Olinger Ald Crawford then moved that mr. Booth be permitted to withdraw his plat motion withdrawn and Ald Glab thereupon moved that the action taken upon the aforesaid resolution be reconsidered carried Ald Glab then moved that the foregoing resolution be adopted and the plat ordered approved Adopted by a voe of 5 in favor and 4 against as follows Yeas Ald Clancy Crawford Foley Glab and kavanaugh 5 Nays Ald Altman Deckert Jones and Olinger 4 The petition of James Beach on the assessment of the year 1882 was read again Rules were suspended and mr Beach addressed the council asking to have his assessment reduced on his homestead to $18000.00 for 1882 On motion of Ald Glab granted and the reduced ordered made Adjourned Attest Martin Kane Recorder