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1883 September Council RecordsRegular Session September 3, 1883 Mayor O'Donnell in the chair Present Ald Clancy Glab Kavanaugh Martin McCarthy and Olinger Absent Ald Altman Crawford Deckert and Hollnagle On motion the council adjourned until 9 oclock am Tuesday September 4 1883 Attest J W Halpin recorder Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger the minutes of the previous regular and adjourned sessions were read and approved Petitions the petition of Ella Weigle protesting against the improvement of the Weigle alley on motion further action in relation to said improvment was postponed the petition of Peter Kline asking the city to purchase some macadam owned by him was referred to the committee on streets the petition of John Corcoran asking the abatement of a nuisance in the shape of a dancing platform on west hill received and filed the petition of R W Stewart agent in relation to the improvement of Water Street was referred to the committee on streets the petition of Jane Young in relation to taxes was referred to theh committee on delinquent taxes the petition of H Buseman et al asking for the furtner extension of the fourteenth sewer was referred to the committee on streets the petition of Mrs Ann McLaughlin asking remission of taxes was referred to the committee on Delinquent taxes the petition of James Wallace et al asking for the improvement of a sidealk referred to the com on streets the petition of John Wimmer complaining of an overflow of water on Fourth Street was offered to the com on streets with power the petition of mrs Rachel Davis asking for remission of taxes was referred to the com on delinquent tax Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger Petitions the petition of Richard Cox in relation to an error in the assessment was referred to the com on Del Tax with the city attorney The petition of Cath McCann for remission of taxes was referred to the com on del tax The petition of R H Collier et al in relation to the extension of Grand View Avenue to the Mississippi was referred to teh com on streets with the city attorney The petition of Jacob Auer protesting against the improvement of Brad Street as now proposed was referred to the committee on streets The petition of Danl Breen asking for additional filling on Harrison Street adjoining his property was referred to the com streets The petition of Joseph Vogel et al asking for the opening of a certain street in Dribelbee's addition was referred to the city engineer A communication from the city engineer in relation to an error in making out a special assessment was referred to the city attorney The city engineer made a report with an estimate of cost on the petition of Geo W Andrew referred to the committee on streets the petition of P B Martin et al protesting against the proposed improvement of Julien Ave to the com on streets A communication ofrom Wharfmaster Warring in relation to placing notices at the entrance to the Ice Harbor notifying rafts not to enter was referred to the committee on harbors with power The petition and claim of Robert Waller claiming damages caused by change of grade was refered to the committee on streets with the engineer The petition of the standard lumber co asking to have the order passed June 4th 1877 in relation to the placing of water pipes and fire plugs on 7th street enforced referred to the com on fire and city attorney with power Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger The petition of Chief Drehouse asking that the city pay for telephone in his residence and used in cases of fire granted The petition of Mrs mary Murphy in relation to damage to her property caused by the overflow of Bluff Street extension was on motion referred to the committee on streets and Ald McCarthy The petition of Jms M Lillig in relation to taxes was referred to the committee on del tax Reports of officers Lamplighter Hackney reported having lighted 195 gas lamps during the month of August received and filed Justice O O Coakley reported having tried two cases for violation of city ordinances and returns fifteen dollars as fines collected in the two cases received and filed the city weighers reported as follows West Dub Scales 100 drafts 15.00 Fifth Ward Scales 204 drafts 30.60 First Ward Scales 360 drafts 54.00 received and filed woodmeasurer warring reported having weighed on the central market scales 176 drafts for which he received the um of 26.40 and for rent of huckster stands the sum of 24.75 for which amount he returns a receipt from the treasurer also that he had furnished 90 meals to prisoners and lodgers for which he asks a city warrant in his favor the report was received and filed and the recorder instructed to draw the necessary warrant Treasurer Traut reported having paid out the sum of 240.00 as interest on loan warrants and asks for warrant for the amount the report was received and filed and the recorder instructed to draw a warrant for the amount Auctioneer Hedley reported sales to the amount of $8221.35 and no transient sales received and filed Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger Reports of officers Street commissioner foster reported that the sum of $2057.25 was necessary to pay for work done on streets during the month of August expended as follows Iowa Street Prairie Chestnut and Fourteenth Street Fifth Street West Fifth Street and Hill North Cascade Road Division Street Middle Street Stafaford venue Schuler Ave Ham's Hollow Eagle Point Ave Diaganol St Park Hill Ave Jackson St High St Seminary St Carpenter Work Miscellaneous Total The report was received and filed and warrants ordered drawn for the several amounts Marshal Zugenbuehler reported that the sum of $1055.80 was necessary to pay the police force for the month of August also the sum of 16.50 for killing dogs and 17.75 for removing a nuisance and asks that warrants be drawn for the several amounts he also returns treasurers receipts for 4.75 collected for impounding animals the recorder reported having issued licences to the amount of $2745.25 for which he holds receipts from the treasurer received and filed reports of Committees Ald P Clancy from the com on poilce and gas reported in favor of granting thepetitions of Mrs K Glab Peter Keine and J W Wallace sking for lamps to be placed in several places Ald Chas Hollnagle chairman of the com on delinquent tax reported on the petition of Patk Kennedy asking a reduction of assessment that the same be not allowed On the peteition of E P Lyman asking that the sum of 3.60 erroneously collected be refunded to him the com report advrsely That the taxes of Cath Dolter on lot 35 Tivola add be remitted On the petition of Jennie West that the assessment of personalty be reduced from $6.50 to $5.00 and that $1.80 be returned to petitioner On the petition of Mrs Eugene Earley that the regular tax be remitted and that the special tax remain one year with interest at 6% that Caroline Kundart be allowed to pay one half her special tax this year and the other half remain for one year at 6% interest adopted Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger Ald H C Deckert Chmn Com on streets reported On the petition of Hugh Martin that he be released from his contract provided the assignee furnish the proper bonds The petition of Jacob Klung to the city attorney that the claim for damages of Mary Murphy be referred to the attorney and the water complained of be turned down Bluff Street extension a communication from the city engineer received and filed on the resolution of Ald Altman in favor of laying the crossing on the petition of A Heeb in favor of doing the necessary paving on the petition of John Schrup et al in favor of improving the alley on the petition of James Sloan in favor of opening the alley if petitioner procure the right of way the petition of John spear in favor of ordering said sidewalk laid in favor of grantng the petition of A Cain et al The petition of the iowa Iron Works was granted provided no permanent obstruction is made in the sidewalk on the petition of Wm Harkett that the sewer walls be raised in front of petitioners property A Communication from the city engineer in relation to the improvement of Julien Ave was received and filed The committee reported on the petition of Frank Rafferty that the sidewalk on the west side bekept open and also 25 ft east of said sidewalk be kept free for a roadway on south locust st also that unless the amount of 158.10 paid by the city for lumber used in covering Dodge Street sewer be refunded to the city by C W Robison & Co that the city marshal be instructed to have the lumber now piled on said sewer removed the com recommend that the grade of an alley petitioned for W P Lange be granted provided the abutters pay all damages Ald McCarthy moved that the report be received and filed lost Ald McCarthy then moved that the matter be referred to a special committee of three carried The mayor appointed Ald Altman Glab and Clancy as such committee The street com reported favorable to the petition of W P Large et al in relation to a change of grade also on establishing a grade on Brad Street and South Street adopted Ald Altman Chamn Com on claims reported in favor of paying the claim of Grosvener & Harger adopted Ald Crawford chrmn Con ordinances reported on the Eagle Point Street railway ordinance that committee had made a few changes and asked the recorder to have the ordinance engrossed with the changes mde Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger Ald Crawford from the special committee to which was referred the remonstrance of Wm Hintrager against the amount of his assessment for monies and credits reported To the city council of the city of Dubuque your special committee consisting of the aldermen of the fourth ward to which was referred the communication of William Hintrager remonstrating against the raising of his assessment of monies and credits for the year 1882 by the board of equalization of taxes of $50,000 respectfully submit the following report after due notice to Mr Hintrager your committee met at the city hall where Mr Hintrager appeared before us and stated the grounds of his objection to the increase made by the board of Equalization these objections were in substance as follows 1.that his monies were mainly interested in purchaes of real estate at tax salse and were therefore not legally assessable as monies and credits 2 that the amount of the assessment as increased is n excess of the monies and credits possessed by him In regard to the first objection your committee is clearly of the opinion that money invested in purchases at tax sales are subject to assessment as monies and credits In fact tht is the only method by which money so invested can be taxed Until the expiration of the period of redemption from delinquent tax sales has expired the purchase merely constitutes a lien on the property subject to be paid of at any time by the owner we have no doubt that money invested in such purchaes should be assessed as mmonies and credits up to the time the tax purchaser obtains a tax deed After careful consideration and investigation of the second ground of objection to th eincrease of the assessment and after twice postponing of final action on the matter at the request of Mr Hintrager in order that he might be enabled to make a sworn statement of his monies and credits to the committee which he has wholly failed to do your committee have been unable to find any good reason for reversing the action of the board of equalization which in our opinions was adopted on substantial grounds Your committee found that the notices of the change in assessment proposed by the board of Equalization was properly posted in the manner required by ordinance and that Mr Hintrager failed to interpose any objection to the increase at the proper time or for several months thereafter your committee therefore recommend that the action of the board of equalization be confined and that the amount of Mr Hintragers Assessment of Monies and credits for the year 1882 remain as raised and fixed by said board at fifty thousand 50,000 dollars P W Crawford John Glab Committee Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger Ald Crawford reported in favor of allowing Michael Clark the sum of thirty dollars in lieu of all damage caused by the falling of a wall on Walnut Street adopted Ald Glab from the commitee on the board of health reported on the bill of Dr M C Connelly for attendance on small pox patients reported in favor of allowing the doctor three hundred and seventy 370 dollars adopted A communication was read from Eva Hunt manager of the telephone exchange in relation to the condition of the fire alarm boxes which was received and filed An ordinance authorizing the construction and operation of the eagle point street railway Be it ordained by the city council of the city of Dubuque Sec 1 that John Rugamer John Trexler J P Schroeder John Klien Frank Schroeder and Geo Fengler and their assigns be and are hereby granted the right and privilege to construct maintain and operate a street railway over and along the streets of said city hereinafter amed for the transportation of persons and property for the period of 25 years from the passage of this ordinance Sec 2 That said granteed and their assigns may construct maintain and operate a single track of their railway with such side tracks switches and turnouts as they may deem necessary for the convenient operation of said railway upon the following named streets in said cit yof Dubuque beginning at the intersection of 4th street with the east line of Clay Street thence eastwardly on 4th street to the west line of the Chicago Milwaukee and St Paul Railway on White Street thence on White Street northerly to 18th street thence eastwardly on 18th street to washington street thence on Washington Street northerly to 19th street thence on 19th street to Pine Street thence north on Pine street to lake street thence on lake street t Johnson Avenue thence westerly to Johnson avenue to division street thence northeasterly on division street to the levee on the mississippi river at eagle point in said city Sec 3 that said grantees and their assigns shall within two years from the passage of this ordinance commence the construction of said railway and have the same commpletd and in full operation within one year thereafter and a failure to operate said railway continuously when completed shall work a forfeiture of the rights herein granted Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger Street Railway Ordinance Sec 4 that in the construction of said railway said grantees and assigns shall lay their track to the established grade where the street is graded and as near to the center line of the street as practicable and place in such manner and position as not to obstruct the passage of other vehicles along and across said street and shall put and keep the space between the rails of said trck and for one foot along the outer side of each rail in the same condition of repair as the balance of said street and in cae of failure to so put and keep said parts of street in repair after reasonable notice therefore the city of Dubuque may make such repairs at the expense of said grantees the amount thereof to be collected by the city the city reserves the right to require said grantees and assigns to take up and remove the tracks of said railway whenever said city desires it done in order to make repairs or improvements on said streets or to lay gas or water or other pipes or to construct sewers drains or other public works said tracks to be take up and replaced in such cases at the expense of the propietors of said railway Sec 5 Whenever any street or a part thereof while occupied by these grantees shall be macadamized or paved in any manner by order of the city council of the city of Dubuque the expense of so macadamizing or paving the space between and under the rails of the road of these grantees and one foot on each side thereof shall be paid by them on the on the completion of such work upon an estimate to be made by the city engineer Sec 6 In the construction of said railway upon the streets herein named the granteed shall make proper and ample provision for the flow of water across or under their tracks and all gutters crossings sewers and drains necessary therefore shall be constructed by said grantees in the manner directed by and under the supervision of the city engineer Sec 7 that in the construction of said railway the grantees shall adopt and lay down only such rail as may be first approved by the city council of the city of Dubuque Sec 8 that in operating said railway said grantees and assigns shall have precedence over other presons using said streets and if any person shall unnecessarily obstruct or impede the running of cars on said railway he shall be subject to a fine not exceeding ten dollars for each offense by any court having jurisdiction of the case Sec 9 that said granteed and assigns shall have the right to make such rules and regulations for the operation of sai railway as they may deem proper or necessary and establish from time to time the rates of fare to be charged and collected by them for the transportation of persons and property on said railway but the city of Dubuque reserves the right to make all necessary and usual police regulations concerning the operation and management of said railway and to regulate and reduce the rtes of fare if necessary but not to reduce the fare to be charged such passenger on said railway Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger Street railway ord lower than five centes Sec 10 nothing herein contained shall deprive other railway companies duly authorized by the city council of the rights to cross the tracks laid down by these grantees under the authority of this ordinance Sec 11 that this ordinance shall take effect and be in force from and after its passage and the written acceptance thereof filed with the city recorder and publication of the ordinance at their own expense in some official paper of the city The ordinance was read a second time by its title and adopted by a full vote of the council the ordinance of the electric light and power company was read and further action postponed until the arjourned session to be held Sept 10th 1883 a petition and an ordinance for the construction and operation of water gas company in th ecity of Dubuque was on motion to the com of the whole On motion the rules were suspenced and Mr J B Harvard addressed the council ion the gas question asking that a committee be appointed to confer with the key city gast company Ald Olinger moved that a committee of three be appointed to confer with the key city gas company The mayor appointed Ald Crawford Deckert and McCarthy as such committee On motion of Ald Crawford the rules were suspended and Mr McBride was allowed to address the council in relation to a wall on eleventh street for the falling down of which he holds a judgement against the city in the sum of twenty five dollars he stated that he would settle with the city for $300.00 On motion the matter was referred to the committee on claims with the city attorney for investigation The consideration of the motor and funding ordinances was on motion deferred Ald Crawford moved that the vote by which the vote by which the matter of the erection of the Fifth Ward Engine House was postponed be reconsidered Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger Ald McCarthy ammended that the vote by which the matter of the erection of both engine houses was indefinitely postponed be reconsidered which was lost The original motion was then put and carried Ald Crawford then offered the following Resolved that the bid of B W Jones for the erection of the fifth ward engine house be accepted and that the mayor and recorder be instructed to enter into contract for the construction of said engine house in accordance with the plans and specifications provided mr Jones shall enter into bond with god security for the faithful performance of the worth The ayes and nays were called for and resulted as follows Ayes Ald Clancy Crawford Deckert Glab Hollnagle Martin McCarthy and Olinger 8 Nays Ald Altman and Kavanaugh 2 Ald McCarthy moved that the whole engine house matter be reconsidered Ald Crawford moved to lay the motion on the table Ayes Ald Crawford Deckert Glab hollnagle and Olinger 5 Nays Ald Altman Clancy Kavanaugh martin and McCarthy 5 The mayor voted nay Ald McCarthy moved that the contract for building the fourth street engine house be let to Mr Jones Ald Olinger moved to lay the motion on the table which was lost Ald Crawford then moved that further consideration of the building of the fourth street engine house be postponed unti next March Ald McCarthy moved to lay the motion on the table which after some discussion on the matter was lost by a vote of 6 t o4 The question recurring on the motion of Ald McCarthy that the contract for building the 4th street engine house be let to Mr Jones and the work to be commenced on the 15th of March 1884 Ald Crawford moved to lay the motion on the table was lost Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger Ald Crawford then ammended Ald McCarthy motion that the work be not commenced until april 1st 1884 the ayes and nays were called Ayes Ald Altman clancy Glab Hollnagle Kavanaugh Martin and McCarthy 7 Nays Ald Crawford Deckert and Olinger 3 Resolutions Ald Crawford offered the following Whereas it is deemed advisable by the city council to extend West Eight Street from its present westerly terminus to Wilson Avenue the same width as the other portion of said as prayed for in petition now on file Be it therefore resolved that the engineer be instructed to make a survey and plat of said proposed extension showing the land or lots through or over which the same is proposed to be made the names of the owners thereof and the quantity of land proposed to be taken and report said survey and plat to the council at its next regulara meeting adopted Ald Crawford offered the following Where as Walnut Street from 14th Street to Chestnut street is entirely impassible for teams owing to the steepness of the present grade therefore resolved that the city engineer be instructed to examine said street and report a profile of such a grade as will render it suitable for travel adopted Ald Olinter offered the following Be it resolved by the city council of the city of Dubuque that the city hay scales located in the rear of the city hall be removed to the hay market on 14th street and that the space south of the city hall be made a available for market Wagons referred to com on markets Ald Glab moved to reconsider the vote on the motion of Ald McCarthy whereby the city treasurer had ben authorized to employ a person to collect delinquent taxes of the city at two percent of the amount collected adopted Ald Glab then moved that the consideration for collecting said taxes be for the amount of three dollars or less so percent and all amounts over 3 5 percent adopted Regular Session September 4, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagle Kavanaugh Martin McCarthy and Olinger Resolutions Ald Deckert resolved that the sum of one hundred and fifty 150 dollars be approprited to the improvement of west 14th street from Alta Vista Street to the Delhi Road so as to put said street in a possible condition for travel adopted Ald Deckert resolved by the city council of the city of Dubuque that the alley from 17th to 18th between Clay and White streets be graded and macadamized in conformity with the ordinance on that subject that the city engineer be and 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 macadamizing to be done at the expense of the owners of the abutting property adopted Ald Deckert resolved by the city council of the city of Dubuque that a sidewalk four feet wide of good two inch inch plank be within 30 days of this notice laid in conformity with the ordinance in relation to sidewalks on the east side of Air Hill Street between West Eighty Street and Julien Avenue Adopted Ald Deckert resolved by the city council of the city of Dubuque that a sidewalk four feet wide of good two inch plank be within fifteen days of this notice constructed and laid in conformity with the ordinance in relation to sidewalks on the northerly side of the Delhi and between Julien Ave and Centre Street where a sidewalk is not already laid adopted A communication was read from the city treasurer asking that the finance committee be authorized to borrow the sum of Six Thousand Dollars to pay the current expenses of the month of August adopted Ald Glab resolved by the city council of the city of Dubuque that the recorder be instructed to loan and draw warrants as follows no 1 1000 no 2 1000 no 3 500 no 4 500 total $3000 payable Jan 15th 1884 rate of int 6% in favor of the Dubuque Fire and marine ins co for amount borrowed to pay expense of July 1883 Adopted