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Revised Book of Ordinances 1893 '1:., TREASURER, LAWRENCE M., GOl'ìNER. AUDITOR" ' JOHN M. KENETY. , MARSHAL: S. B.RICE. ASSESSOR, JOHN F. STßMM, CITY ENGINEER, EDWA,RD C. BLÀKE: STREET COMMISSIONER, ' JOliN CARTER. HEALTH PHYSICIAN, DR. F. W. WIEI~AND, SßWER INSPECTOR, ' BENTLEY RAWSON. CHIEF OF FIRE, DEPARTMENT, JOE REINFRIED. OFFICERS OF THE CÌTY GOVERNMENT OF THE CITY OF DUBUQ{jE From its Organization to 1893. TRUSTEES. 1837. '1'. S.Wilson, Pres.l T. C. Fassitt, J Plnmbe, Jr" J Wm. Meyers, Charles Miller, Timothy Fan1l1ng. 1838. ,P. C. Morhiser,pr} John Plumbe, Jr. 1 Johl1 McKel,lzie, Alex Bl11terworth, E. Langworthy, r Benj. Rupert. 1839. Pat'k Quigley, Pres. E. Lan,gworthY, } Loriug, Wheeler,' S. D. Dickson, Dr. '1'. Mason, 'I'hos. C. Fassitt. 1840. S. D',Dixon, pres.} Chas. Miller, J P. Farley, Patrick Quigley, E. C. Dougherty. GOVERNMENT, l'IAYORAND ALDERMEN. 1841. CALEB H. BOOTH, 'Mayor. Jesse P. Farley, Charles Miller, ALDERMEN. E. Langworthy, W. W. Coriell, H. Simplot, Timothy Fanning. 1842. SAMUEL D. DIXON; Mayor. John Thompson, J~sse P. Farley, , ALDERMEN, James Fanning, Joseph Ogilby, Joseph T. Fales, A.Cline. 1843. JAMES FANNING, Mayor. ALDERMEN, Timothy Fanning, ,p, C. Morhiscr, F. K 0' Ferrall, David Slate.r, ' John H. Thedinga, Joseph Ogilby. 1844. F. K. O'FERRAI<I" Mayor. ALDERMEN. John Blake, , Elisha DweJle, John G. Shields, Robert. Rogers, Timothy Fa.nning, John H. Thedinga, , 1845. F. K. O'FERRALL, Mayor. , Elisha Dwelle, Robert Rog"rs, ALDERMEN. Timothy Fanning, John Blake, John H. Theding-a, John G. Shields. omc\m, OF THE c¡'ry GOVERNMENT. 1846. F. K. O'FERRALL, Mayor. ALDERMEN. Hngh Treanor, Wm H. Robbirs, Michael McNamara,M. Mobley, Amos Matthews, Lewis L. Wood. 1847. P. A. LORIMIER, Mayor. ALDERME,N. Michael McNamara,Wm. H. Rpbbins, Morgan Cnrran, W. J. Gilliam, Amos Matthews, Lewis L. Wopd. 1848. GEORGE 1<. NIGHTINGAIÆ, Mayor, Hngh Treanor, Patrick Finn, ALDERMEN. Wm. H. Robbins, Jphn Gnnn, H. S, Hetherington, Lewis L. Wood. 1849. WARNER LEWIS, Mayor. W. D. Waples, } Philip Powers. John G. Shields, ALDERMEN. J. J. E. Norman, F. V. Goodrich, 1850. J H. EMERSON, Mayor, L, D. Randall, David Bec,ker, ALDERMEN. John D. Bnsh, Robert'Rogers, 1851. P. A. LORIMIER. Mayor. \, L. Molony, Caleb H. Booth, ALDJ;<:RMEN. Joseph Ogilby, Jesse P. Farley, Thomas Hardie, John Gnnn. Ed. Langworthy, H. V. Gildea. John D. Bush, Lewis t Wood. "meERS U,' ThE cnv GOVERNMENT. 1852. JESSE P. FARI<EY, Mayor. ALDERMEN. MMcNamara vim. D. Wapl~s, James Bnrt, Henry L. Stout, Christopher Felan, George McHenry. 1853. JESSE P. FARLEY, Mayor. James Burt, Thomas McCraney, Ben. M. Samuel., M. McNamara, ALDERMEN. Edward O'Hare, M. Mobley, Henry L Stout, John D. Bnsh, Anton Heeb, George Wilde, } E Langworthy. 1854. JESSE P. FARLEY, Mayor. John D. Bnsh, James A. Reed, E. Langworthy, Patrick Qnigley, George Connell, ALDERMEN. } Ch'ristopher Felan, M. McNamara, 'I'hos. McCraney, Anton Heeb, Matthias Ham, John King, } Fred. WeiRd, . Edward O'Hare, '\ Fred. E. Bissell. J 1855. JOHN G. SHIELDS, Mayor. Patrick Qnigley, M. McNamara, Morgan Curran, George Connell, ALDERMEN. Fred Weigel, } Edward Spottswoocl, G. L. Nightingale John King, Ben. M. Samuels, Matthias Ham. Christopher Felan, l- I, 1856. DAVID S. WII<SON, Mayor. ALDERMEN. Ben. M. Samuels, Robert Mitton, N. Nadean, Matthias Ham, Warner Lewis, G. C. Kreichbautl1. Edward Spottswood, M. McNamara, J. J. E. Norman, Morgan Curran, G. L. NightinRale, o"",'eERB OF THE em GOVERNMENT, 1857. *DAVID S. WILSON, tGEO. L. NIGHTINGALE, l Mayor. J ALDERMEN, M. McNamara, Sam pel Virden, J. J. E Norman, ,Warner I<ewis, i"G. L. Nightingale,N. Nadean, James Woolnongh, Robert Mitton, Geo. Ord Karrick, G. C,' Kreichbaum } Anton Heeb, Adam Jaeger. 1858. HENRY S. HE'1'HERINGTON, Mayor. M. McNamara, Hng-h Treanor, Samnel Virden, John B. Lane, Hngh Treanor, Patrick Quigley, John B. I<ane, A. Kaufmann, Patrick Quigley, Hngh Treanor, A, Kanfmann, John B, Lane, ADDERME"f. George McHenry, } N. Nadeau, Franklin Hinds, Robert Mittpn, Geo. Ord Karrick, } Adam Jaeger, B. B. Richards, Mathias Ham. 1859. JOHN HODGDON, Mayor. ALDERMEN. John Mehlhop, Geo. 1<. Matthews, Joseph A. Chapline, Mathias Ham, Robert Mitton, John King. 1860. HENRY L. STOU'T, Mayor. ALDERMEN, Geo. Connell, Freol. Weigel, Geo. D. Wood, John King, Geo. L. Matthews, Joll1l Bittmann, "Resigned on his election to the State Senate, ,857. tElected Mayor, ,857, to fill vacancy cansed by resignation of D. S, Wilson. HENRY L. S'1'OUT, Maypf. ALDERMEN, Geo. B. Lane, Geo. Connell, Geo. D. Wood, ~ Patrick Qnig1ey, Hngh Treanor, Geo. 1<. Torbert, Jno. Bittmann, om""" OF THE nTV GOVERNMENT, 1861. 1862. Geo. L. Matthews, F. WeigeJ, Jno. Ruegamer. J. H. 'l'HEDINGA, Mayor. ALDERMEN. Geo. L. Torbert, Geo. Connell, D. S. ,Cnmmings, Hugh Treanor Patrick Quigley, M. B. Mnlkern Peter Kiene. Geo. L. Matthews, J. Christman, Jno Ruegamer. 1863. J. H. THEDINGA, Mayor,. ALDERMEN, ¡). \, , Hngh Treanor, Patrick Quigley, M. B. Mulkern, Titns Schmidt, Jno. Rnss, D. S. Cumming-s, H. L. Stont, J. Christman, Geo. L Matthews, Peter Kiene. 1864. JOHN '1'HOMPSON, Mayor. -ALDERMEN. 1865. JOHN THOMPSON, Mayor. ALDERMEN, L. N. Gibbs, D. S. Cumings, Henry Lembeck, Patrick Quigley, J. H. Emerson, John Russ, John Rnegamer, q J. H. Emerson, Patrick Qnigley, M. B. Mnlkern, , John King, M. B. Mnlkern, H. L. Stout, D. S, Cnmings, Geo. L. Matthews, H. S. Hetherington. '1'itns'Schmidt. H. S. Hetheringtou. John D. Bush, - John Ruegamer. OF",CERò OF '!HE crrv COVERNMENT, 1866. JOHN THOMPSON, Mayor. 'atrick Quigley, ~rthur McCann', ohn Lucas, :,. N. Gibbs, ALDERMEN. 1 Beni. F. Smith, I H. Lembeèk, D. S. Cnmings, John D. Bush, 1867. J. K. GRAVES, Mayor. H. S. Hetherington, John King, A. F. Jaeger. ALDERMEN. D. S. Cumings, M. Kingman, Hilal'Ìns' Pleins, A. F. Jaeger. H.S.Hetherington }M. Wening-. H. P. Ward, John Lucas, N. C. Ryau, B. F. Smith, Thomas C. Fassitt, 1868. SOLOMON TURCK, Mayor. John Lucas, James Rowan,. Thos. C. Fassitt,} Geo. W. Scott, ALDERMEN. Joseph Gehrig, Hilarins,Pleins, E. G. Yonng, M. Kingman. James Rowan, John Lucas, Joseph Gehrig', Peter Kiene, 1869. W. J. KNIGHT, Mayor. ALDERMEN. B.D. I~enehan, Ernst G. Yonng, Hilarius Pleins, Thomas P. Coates, M. Wening, A. F. Jaeger. 'Thos. P. Coates, Fred. Weigel, A. F. Jaeger. 187°. W. J. KNIGHT, Mayor. ALDERMEN. Joseph Gehrig, Hilarins PIeing, J. M. Robison, John Lucas, N, C. Ryan, B. D Lenebau, Fre,d Weigel, Tho,. P. Coates, Peter Kiene, A. F. Jaeger. .. OFF'eERS OF THE CITY GOVERNMENT. , N. C. RYall, Jqhn Lncas, Joseph Gehrig, '1'hornas P. Coates, John Lucas, John P. Quigley, J C. Chapmati, F. M. Robin,on, ., John P. Quigley, A. A. Cooper, John Pier, James Beach, 1871. JAMES BURT, Mayor. ALDERMEN. J. C. Chapman, J. M. Robison, Hilarius Pleiug, F. M. Robinson, , A. F. Jaeger, A. Kaiser. L. W. McMaster,:t A, H. Peaslee, § A, Kaiser, Peter Kiene, Jr.-'¡ 1873. A. H. PEASLEE, Mayor. ALDERMEN. J. J. Linehan, J. B. Howard, John Krayer, 1874. A. H. PEASLEE, . ALDERMEN, A, A. Cooper, Philip Pier, Patrick I<agen, John Krayer, J. J. Linehan, Henry Hnne, J. O'Hea Cantillol1, J. W. Parker, 1872. SOLOMON TURCK, * } A. F. JAEGER,t Mayor. ALDERMEN. John Pier, Hilarius PIeing, J. B. Howard, A. F. Jàeger, 1875. JAMES CUSHING, Mayor. ~LDERMEN. J. J. Linehan, F. 1'. Walker, J. O'Hea Canti11on, George Fengler, John Wunderlich, M. Blumel1auer. I \.: . Patrick Lagel1, J. P. Qnigley, Philip Pier, John Maclay, J W Parker A. F: Jaeger: A. Kaiser. Mayor, } John Maclay A. Kaiser, George Fengler. "Solomon Turck, res;gned. IL. W. McMaster, died Septembe,. ,87" tA. F, Jaeger appo;nted to.fill vacancy September 5, 187' §A. H. Pe"lee appo;nted to .fill vacancy. ~TP. Kiene, J,.,appointed to fill vacancy Septembel' 5, ,872- ~ OFFWERS OF ,BE CITV GOVERNMENT, OFFICE" OF THE CrTV GOVERNMENT, H. S. Hetherington, John King, A. F. Jaeger. ! I , N. C. Ryan, John Lncas, Joseph Gehrig, Thomas P. Coates, 1866. JOHN THOMPSON, Mayor. ALDERMEN, Patrick Quigley, 1 Benj. P. Smith, Arthnr McCann, r H. Lembe~k, John Lucas, D. S. Cumings, L. N. Gibbs, John D, Bnsh, John Lncas, N. C. Ryan, B. F. Smith, '-';'homas C. Fassitt, 1871. JAMES BURT, Mayor. ALDERMEN. J. C. Chapman, J. M. Robison, Hilarius PIeing, ! '1 F. M. Robinson, , A. P. Jaeger, A. Kaiser. 1867. J. K. GRAVES, Mayor. ALDERMEN, D. S. Cnmings, M. Kingma", HilarinsPleins, A. F. Jaeger. H.S.Hetherington}M. Wening. H. P. Ward, 1872. SOLOMON'1'URCK,* lM A. F. JAEGER,j- J ayor. ALDERMEN. John Pier, Hilarins PIeing, J. B. Howard, A. F.Jaeger, 1873. A. H. PEASLEE, Mayor. ALDERMEN. J. J. Unehan, J. B. Howard, John Krayer, John Lncas, John P. Quigley, J C. Chapman, F. M. Robinson, 1868. SOLOMON TURCK, Mayor. ALDERMEN. John Lncas, Joseph Gehrig, James Rowan, HilarinsPleins, Thos. C. Fassitt,} E. G. Yon, ng, Geo. W. Scott, M. Kingman. James Rowan, John Lncas, Joseph Gehrig, Peter Kiene, John Lucas, N; C. Ryau, B. D Lenehan, Fre.d Weigel, 1869. W. J. KNIGHT, Mayor. ALDERMEN. B.D. Lenehan, Ernst G. Young, HiJarins Pleins, 1870. W. J. KNIGHT, Mayor. ALDERMEN. Joseph Gehrig, Hilarius Pleins, J. M. Robison, 1875. JAMES CUSHING, Mayor. ALDERMEN, J. J. Linehan, F. T. Walker, J O'Hea Cantillon, George Feugler, John Wunderlich, 1\1. Blumel1ancr. ~ John P. Quigley, A. A. Cooper, John Pier, James Beach, Thomas P. Coates, M. Wening, A. F. Jaeger. 1874. A. H. PEASLEE, . ALDERMEN, A, A. Cooper, Philip Pier, Patrick I<agen, John Krayer, J. J. Linehan, Henry Hnne, J. O'Hea Cantillon, J. W. Parker, 'l'hos. P. Coates, Fred. Weigel, A. F. Jaeger. ií Patrick Lagen, J. P. Quigley, Philip Pier, John Maclay, Thos. P. Coates, Peter Kiene, A. F. Jaeger. L. W. McMaster,:r A, H. Peaslee,§ A, Kaiser, Peter Kiene, Jr.' J. W. Parker, A. F. Jaeger, A. Kaiser. Mayor, } J ohu Maclay A. Kaiser, George FengJer. <'SolomOB Turck, resigÚed. j:L, W, McMaster. died Septembe,. 187" j-A. F, Jae.or appointed to ,fill vacancy Septembe, 5, 187" §A. II. Peaslee appointed to fill vacancy. 11P. Kiene, J"appointed to fill vacancy Septembel' 5, 187' ... xu! OFFICERS OF THE CITY GOYERNMENT OFFICER" OF THE CITY GOVERNMENT, xu 1881. JOHN J, LINEHAN, Mayor. ALDERMEN. 1876. GEORGE B. BURCH, Mayor. ALDERMEN. Philip Pier, M. M. Walker, John Wunderlich, M. Blumenaner, J, O'Hea Cantillon, John M. Lillig. Thos. Kavanaugh, L. Doerfler, B. W. Jones. P. W.. Crawford, P. C. Foley, Geo. Fengler, P. Clancy, J os. He1'Oel, '1'heo. Altman, G. Rath, John P. Quigley, Arthur McCann, J. J. Linehan, F.'!'. W,;1ker, 1882. 1877. GEORGE B. BURCH, Mayor. ALDERMEN. J. J. Linehan, John D. Bnsh, J. O'Hea Cantillon, John M. Lillig, Peter Fay., Louis Doerfler. JOHN J. LINEHAN, Mayor. ALDERMEN. Thos. Kavanangh, B. W. Jones, John Glab, Theo. Altman, P. C. Foley, Henry Deckert, L. Doerfler. P. Clancy, P. W. Crawford, Peter Olinger. Arthnr McCann, John P. Qnigley, Philip Pier, M. M. Walker, 1878. W J. KNIGHT, Mayor. ALDERMEN. Theodore Altman, Peter Fay, Michael Brown, John D. Bush, 1883. FREDERICK O'DONNELL, MayO1'. ALDERMEN. Joseph He1'Od, Louis Doerfler, John M. Lillig. John O'Neill,! John P. Quigley, t Arthnr McCann, J. J. Linehan, Peter Olinger, Thos. Kavauaugh, M, H. McCarthy, John Glab, Chas. Hollnage1, James Martin. P. Clancy, P. W. Crawford, Theo. Altman, Henry Deckert, 1884. FREDERICK O'DONNELL, ALDERMEN, James Martin, Johu P. Page, Henry Deckert, 1879. JOHN D. BUSH, ALDERMEN, J. J. Linehan, Yrichael Brown, B. W. Jones, Mayor. Mayor. C. Leckie, John M. Lillig, Lonis Doerfler. Arthnr McCann, John O'Neill, Theodore Altman, Joseph Herod, P. Clancy, P. W. Crawfotc1, P. Olinger. Thos. Byrne, Martin Kane, M. H. McCarthy, Chas.' Hpllnagel, 1885. JOH!" GLAB, Mayor. ALDERMEN. P. Olinger, J. M. Byrne, Chas. Hollnagel, 1880. Mayor JOHN D. BUSH, ALDERMEN. B. W. Jones, '1'heo Altman, GeoFengler, John O'Neill, C. Leckie, G. Rath. Thos. Kavanaugh, Joseph Herod, J. J. Linehan, L. Doerfler. ¡Quigley ¡e,ignod, Apdl, ,878. Thos. Byrne, Martin Kane. A. M. Downer. Phillip Ryder, P. W. Crawford, John P. Page, Henry Deckert, lO'Nei11 appointed to fill vacancy, ORDINANCES AN ORDINANCE' To amend an ordinance entitled "an ordinance to provent nui- sancos." Be it ordained by the City Council of the City of Dubuque; SEOTION 1. That if any person shall permit or allow any offal, filth, mannre, or offensive matter o/' any kind to accnmulate or re- main on that portion of any street or alley abutting on the front or rear of the premises owned or occupied by bim, aud sball not remove the same within five honrs after being notified by the Mar- shal sO to do, he shall be subject to a fine of not less than one nor more than twenty-five dollars. SEC. 2. This ordinance to be in force from and after its passage and pnblication in the official papers of the city. Passed May 6th, A. D. 1869. . '1'hiS ie an addition to Chap. 40. Sec. 2. of the first reviSed ordinances AN ORDINANOE To amend an ordinance entitled "An Ordinance to define the du- ties of the Treasurer of j,he City of Dubuque." Be it o'rilained by the Oity Council of the Oity of Dubuque; SECTION 1. That the Treasurer of the City shall collect, reoeive and safely keep all moneys due or to be paid to the City, and for every snm so received by him, he shall exeoute and deliver to the person from whom such sum shall be received, duplieate receipts, and shall at the same time inform suoh person that said receipts will not be valid or binding on the City until one of them shall be left with, and the other countersigned by the City Anditor, which statement shall be also printed or wrItten on the.face of such re- ceipt, and no receipts, issned by said treasnrer, shall be of any bind- ing force or effect wbatcver against the City nntil the same shall have been so conntersigned. SEC. 2. All órdinances inconsistent with this ordinance are "ereby repealed. SEC. 3. This ordinance shall be in f~rce from alld after its pnb- lication in the official papers of the city, and the Dubùque Times, Passed May 6th, 1869. 4 ORDINANOES Ol'Ì'Y' OJ!' DUBÙQTŒ. 5 AN OHDINANOEJ Authorizing and regulating.the Dubuque Lumbermen and 'Mauu- facturers' Railroad iu tho City of Dubuquo. Be it ordained by the City Council of the City of Dubuque; SEOTJON 1. That pormissiori, wi~h the rightof'way, be and is herehy granted uritothe Dubuquo lJUmher men and Mannfaoturers' Railroad Company to construct, and fbr the space of fifteen years, to maintain a railroad track on and along the following streets and public pla"es in this city, viz : From an intersection to be made with the Dunleith & Duhuque Bridge Compauy's track ou Fourth streot, thence northerly along the old lev co to Jackson street, theuce along and up Jackson street as fur u. Eighth street; und from said Fourth street along the old levee up to Washington street, thence up aud ulong Washington street as far u. Tenth street; and auid company is herebyempow- ered to connect the track th us to be laid by it, with the places of business of such porsons doing business along the line of the same as may desire it. SEO. 2. That only one track shall be laid on any oue street, and tbat such track shall be made of such material aud iu sucb man- ucr as will accommodate other railroad compauicR tbat may desire to pass over the same, and shall he laid on the center line, and as aa near as may be to the present level of the streets over or along which it may pass, aud'that at all the points along the route, wbere the track shall bo aboveo\"below suCh level, it sball be the duty of the company to so grad'e the approacbes toth'e track tbat the travel on the streets orall:eys l1ear where it shallrun, shall not be unnecessarily inconvênieneed or unreasonably annoy'ed: and that whenever the city sh'all ehange the surface of the street to the present 'ör other grade, .the company'shalt raiso or lower theirtraok to suit suóh grado. SEC. 3. Thàt every person, compauy and corporation shall have the right to pass its cars ovorthe track ¡}ereby au'thorized to be buil't on equal tèrms withbctt'undue preference to any, SÈc: 4. That th'è'said Dubuquo Lnnibe\'men and ManÚfaètnrers' Railroåd' Company sh'on have the right to d'omand ahdcollèètas co'mpènsation fbr tho use of said railrMd track the sUm of'fifty cents for each and every car, run up\:\u or off their said 'track, for thepurpbso of, being loaded or, unloaded,' unless sl\oh 'ear' so' run upon or, off their said track is at the time wholly unloadèd; but shallnotat'any time chargo or receive more'than fifty oents with- out the coOsènt and app'röval of tboCity Council of the City of Dubuque: ProvIded, always, that no charge shall be má'defÒl' cars 0" locomotives ran on or over saidtraok fbi' the sole purpose of milking up'atrain; SEc. 5. The City ofDubuqnè reserves the right to take up and romove the rail of said road wheneVer it shall be nècessary for re- pair or impróvementof the streets, or' for laying water. or gas pipea,Ol' aowera, or för other pubUo purposes, on the streets on which said rails may be laid; and such repairs and improve- ments sha]] be made by the City without unnecessary delay, and the track of said road shall be taken up and relaid by the Du- buque llUmbermen and Manufiwturers' Railroad Company, at their said oompany's expense. SEC. 6. It shan be tho duty of said railroad company to repair any and all damage doue to the streets, ourbs, sidewalks, gutters &c., by the construction and repair of their track along and over the streets as horein provided for; and furthor to protoct tbe City of' Dubuqne against an claims for damages arising from the oon- struction or management of the railroad provided fbr hereby. SEC. 7. That the City Council shall have tho right from time to time to mako reasonable regulations in reference to the running of trains on said Rai,lroad, and the speed of the same, and a]] other police regulations that may bènecessary and proper, and if said Dubuque Lumbermen and Manufaoturers' Railroad Company aha]], at any time, violate any material provision eontained in this ordinanoe, or any material regulation made by said City Conncil, such violation shan work a complete forfeiture of a]] the rights, priveleges and powers hereby oonferred upon said company. SEC. 8. That the Dubuque Lumbermen and Mannfacturers' Railroad Company be and is hereby authorized to assign, transfer and 'set over nnto any other person, company or corporation, an the rights, privileges, powors and benefits herein granted to, and eonferred 'upon said oompany, bnt the person, oompany or corpo- rátion receiving suoh assignment or transfer sha]] be subject to the provisions of this ordinanoe in the same mannm' as the Dubuque Lnmbel'mon and Manufactnres' Railroad Conpany. SEC. 9. That said railroad track herein anthorized to be' con- structed shall be complete and ready for use within' three months after the adoptibn of. this ordinanoe. SEC. 10. In case said Dubuque Lumbermen and Manufactu- rers' Railroád Company accepts tho rights, privileges and 'powers eonferred by this ordinance, they aha]], within sixty days after its adoption by the City Counoil, so notify the Mayor of said city in writing, and from aud after such notice this ordinauce, and a]] the terms and conditions thorein oontained, shall have the force and ef- 6 ORDINANCES feet of a contract between said company and the city of Dnbuque. SEC. 11. This ordinanco sball not be so construed as to prevent the City Council of the City of Dubuqno from granting to any other railroad company, whose road shall extend and be operated beyond the limits of the city, the right to build, maiutain aud ope- rate railroad traoks on the same streets where the tracks of the Dubnque Lumbermen and MannfaC'turers' Railroad Company are located; and in case any other railroad company, whose road sball extend beyond tbe City Limits, shall desire to appropriate and use the railroad of said Dubuqne Lumbermon and Manufacturers' Railroad Company, for the purpose of a main track, they shall have the right to do so upon paying to said Dubuque Lumbermen and Mannfacturers' Railroad Company, or their assigns, whatever damages said company or their assigns shall sustain by r,eason of sucb appropriation, exclusive of the valne of tbe franchise granted by tbis council and connected with that portion of said track so taken and appropriated. Adopted July 10, 1869. AN ORDINANCE To amend an ordinance, entitled an ordinance to define'the dnties . of 1,he Treasnrer of the City of Dubuque, Be it ordained by the City Council ~t the Oityof Dubuque; That Section one of above entitled ordinance be amended by adding thereto the following, viz: And shall, whenever reqnired by the Finance Committee of the City Conncil, submit to the inspectionof said committee all books, papers and money and other property of the City in his possession or nnder bis control. ' This ordinance shall take effect and be in torce from and after its passage and publication iu the official papers of the city. Passed September 28, 1869. AN ORDINANCE To amend an Ordinance entitled "An Ordinance to provide for the. Levy and Collection of Taxes," being Chapter thirty-two of the Revised Ordinances. Be it ordained by the City Council of the City of Dubuque; SECTION 1. That section six of chapter thirty, two of the Re- vised Ordinances be, amended by striking out the word "ten," in the fifth line of said section, and inserting the word"five," instead thereof. SEC. 2. This ordinance shall take effect from and after its pnbli- cation in the four papers of the city. Passed December 2, 1869. CI'l'Y ~œ DUBUQUE. AN ORDINANCE To regulato licences on Livery Stables. Be it ordained by the OityOouncil of the Oity, of Dubuque; SEC. 1. That the license on Livery Stables be reduced and fixed at fifty doll"rs, . SÈc. 2. That all ordinances in conflict herewith, be and the same are hereby repealed. SEO. 3. That this ordinance shall take effect from and after its pnblication in the official papers of tbe city. Passed September 20, 1869. I I 1 ! AN ORDINANCE To amend Chapter 23 of the Revised Ordinances, boing "an ordi- nance in relation to Licenses." Be it ordained by the City Council of the Oityot Dubuque; SEC. 1. No person shall, within the limits of the City of Du- buqne"for tho pnrpose of selling again at a profit,.orforthe pur- pose of realizing a profit therefrom, buy, discount or shave any / bill of exchange, check, draft or order for tho payment of money, or other thing of valuc, bank note, promissory note, bond, mort, gage or other writing obligatory, gold or silver coin: or buy, sell or negotiate the sale or purcbase of any Auch instrument, or pere sonal or real property for others, for a commission or other com- pensation, without a Broker's Hcense, issued therefor by said City under a penalty of not less than ten, nor more than fif't,y' dollars for each offence; and for overy such license there shall be taxed and collected by said City the sum of fifty dolla,'s.' That so'mooh of tbe ordinance hereby amended as relates to Brokers, be and is , hereby repealed, saving 1,0 the City the right to collect the pimal- ties incurred thereunder. SEa. 2 and 3 illegal. SEa. 4. That all liquors, whether vinous, spiritnous 01' Illalt, ,kept for sale at retail, by any person within the City, who has not procured from said City a saloon license, with intent on the part of the keeper thoreofto sell it to be drank on the premises where ,the same is kept for salc, shall be, aud is hereby declared to be, a nui- sance, and the City :Marshal sball forthwith seize all such liquors and remove the same to the City Ran, and there retain the same until such' liecnse be proeured or said ]¡quor be rcleased by order of the City Conncil. This ordinanee shall be in forcc from and after its publieation in the official papers of the City. Adopted Jnly 14th, 1870. 7 ORDINANOES. AN ORDINANOE' an ordinance entitled "An Ordinance in relation to the ùaqding, and to regulate wharfage," being chapter 15 of sed ordinances ned by the City Council of the City of Dubuque. 1. That section fonr of said ordinance be stricken ont Ilowing section snbstituted in its stead, viz: That there shall becollectej from each, stcamhoat, which ill or in front of, and' within one .hundred feet from ,the ding, the SlIm of two and a half cents wharfage for oa,qh . of such steamboat, United States Goverment measure, mding made by snch ,boat; provided, that more than one ¡thin tho t,erm ,of twenty-four honrs from the time of' 01'- I not subject any boat to additional wharfage; and from nboat remaining at the landing for a time exceeding our honrs, thero shall be collected wharfage at one half e rate for each day of twcnty-four \jonrs dnring which shall so remain after the day of Iter arrival. ection ei¡(ht of said ordinance be stricken o~t and th~t 'ing be snbstituted in its stead, viz : There shall be collsctedpu alL wood láuded on ,the, p~h- 19 wharfage at the rate of thr,ee Conts pel' cord. No >II be permitted to remain on the landing for a longer . throe days without tbo consent of the harbor master, wood which shall remain ,on the publio landing for a lopg- than three days, after the harbor mastor shall have given the owner ,or person having charge of such. wood to ro- e same, shall be snbject to wharfage at the rateh,erein for, for ,caeh three days that the same shall So remain. lOd March 26, 1870. arfage on ,teamboat. aboll,hedby re,olntlon pas.ed in Fabrnary, 1874. AN ORDINANCE g for the appointment of an inspector of wood and rogn- the sale,of wood for fuel, in the City of Dubuque. ained by the City Council of ,the City of Dubuque; N 1. The City Council shall appoint eaclt year a City In. ,f Wopd whp shall remain in office during the pleasure of eil, and whose duty it ehall he to onforce tho provisions of nance, and such amendments thereto as may from time to made. . All wood sold for fuel in the City of Dubuque ,sflall here, , sold by the cord or part thereof; and the cord meIltiQ¡'lOd ,rdinaIlce shall eonsist of one hundred and twenty-,eight CITY OF DUBUQUE. \) cubie feet, wellaIld compactly stowed, and with reasonable allo',"- ance for crooked aIld IlUeven wood. SEO. 3. All persons bringing wood iuto the City of Dubuque, and offering the same for sale, upon the levee or banks of the Mississip- pi River or any of tho slonghs 01' chaIlnels tbereo~ or at any other place within the City Limits, shall, when the same is placed upon the bank, or 'levee, or at snch other place wherc the same is to be offered for sale, so pile said wood that a spaee of at least one foot shall iIltervone between the raIlks thereof, aIld eaeh raIlk thereof shaH be so piled as to clearly show the kiIld aIld quality of wood in each rank, and to that ond all limbs and erooked sticks shall be plaeed upon the top of the ranks, or in a separate mIlk by them- selves, aIld the other wood shall be piled bark np as compaetly as possible. SEC. 4. No person shall sell or offer to sell any wood for fuel within the limits of the City of DubIlqne until said wood has beeIl inspected and passed by the inspector as hereiIl provided for; and any persOI1 who shall violate the provisions of this sectioIl shall be liable to a fine of not less than ten IIor more than fifty dollars for eaeh offense. SEo.5. It shall be the duty ofthe Inspector of Wood to oversee the ranking aIld piling of all wood for fIlel bronght to the City of Dnbuque for sale, aIld to cause the same to be piled as herein pro- vided for: and when piled to iIlspeet aIld measme the same. If aIlY wood is not piled as herein provided for, he shall IIotify j,he OWIIer or person haviIlg the same in eharge to repile the same as hereiIl provided for; and iIl ease the owner or person haviIlg the same in charge fails to do so within a reasoIlable time, the inspec- tor shall refuse to pass said wood, aIld shall mark the Rame as rejected. All wood properly piled .IId marked shall be measured by the inspector who shall give a certifieate of sueh measuremeIlt to the owIlOr of the woud or persoIl having tho same in charge, setting forth the dimensions eaeh way of the rank so measured, stating the number of feet iIl length of 'such mIlk required to make up a eord of one huIldred aIld twOIlty-eigbt enbic feet and the measuremeIlt so made shall be binding aIld eonclusive on both bnyer and seller; a duplicate of the above eertifieate shall be at- taehed by the inspector to eaeh rank of wood by him inspected .IId passed, and all sales of sueh wood shall be from the rank as measIlred by the inspector. Provided, that whenever such wood shaH be removed from the place where inspected aIld measnred by the inspeetor to aIlY other plaee iIl said City to be again oifered for sale, the same shaH be again ranked and measured, and a new 8 ORDINANOES, AN ORDINANCE' To amend an ordinance entitlcd "An Ordinance in relation to the Pnblic Landing, and to regulatc wharfagc," being chapter 15 of the revised ordinanccs Be it ordained by the City Council of the City of Dubuque. SECTION. 1. That section fòur of said ordinance be stricken out and the following sectionsubstitnted in its stead, viz: SEC. 4. That therc sha1l be collecteof from each steamboat which shall land at or in front of, andwithiu one .hnudred feet from the public landing, the S11m of two and a half ccnts wharfage for each ton burden of snch steamboat, United States Goverment measnre, for each landing made by such boat; provided, that more than one landing within the term of twenty-four hours from the time of ar- rival shall not subject any boat to additional wharfage; and from any steamboat remaining at the landing for a time excecding twentJ' fonr hours, there shall be co]]ected wharfage at one half the above rate for each day of twenty-four hours during which snch boat shall so remain after the day of' her arrival. That section eight of said ordinance bc stricken out and that the following be substitnted in its stead, viz : SEC. 8. There sha]] be co]]ected pn a]] wood landed on the pub- lie landing wharfage at the rate of three cents per cord. No wood shall be permitted to remain on the landing for a longer time than three days without the consent of' the harbor master, and any wood which sball romaiu on thc public landing for a long- er time than three days, af'ter the harbor master shall bave givcn notice to the owncr or person having charge of'such wood to re- move the same, shall be subject to wharf'age at thc rate herein provided for, for each three days that thc same shall so remain. Published March 26, 1870. . An wha"age on ateamboals aboUshedby ,e,olution pe.,ed In Feb",a'y, 1874, AN ORDINANCE Providing for the appointment of' an inspector of' 'wood and rogn- lating the sale of wood for fnei, in the City of Dnb¡lque. Be it ordained by the City Council of the City of Dubuque; SEOTION 1. The City Council sha]] appoiut each year a City In- spector of Wood who sha]] remain in office during the pleasnre of the council, aud whose dQ.ty it shall be to euforce the provisions of this ordinance, and snch ameudmeuts thereto as may from time to time be made. SEO. 2. A]] wood sold for fuel in the City of Dubuque .sßa]] here- after be sold by the cord or part thereof; aud the cord m,entioned in this ordinauce sha]] cousist of one hundred and twenty-eight I I ¡ \ 1 l \ OITY DUBUQUE. cubic fcet, we]] and compactly stowed, and with reasonable aliow- ance for crooked and uneven wood. SEC. 3. All persons bringing wood into the City of Dubnque, and offering the same for sale, npon thc levee or banks of the Mississip- pi Rive!, or any 01' the sloughs or chauncls thereo~ or at any other place within the City Limits, shail, when the samo is pJaced npen the banks or levee, or at such other place wherc the same is to he offered for sale, so pile said wood that a space of at least ono foot shail intervene botwoen the ranks thereol', and each rank thereof shall be so piled as to clearly show the kind and quality 01' wood in each rank, and to that end all limbs and crookcd sticks shall be placed upon the top of the ranks, or in a separate rank by them- selves, and the other wood shall bc piled bark np as compactly as possible. SEC. 4. No person .ball sell or offer to sell any wood fer fueJ within the limits 01' tho City of Dubnquo untii said wood has been inspected and passcd by the inspector as herein provided for; and any person who shail violate the provisions of this section shail be ]jable to a fine of not less than ten nor more than fifty dollars for each offense. SEC. 5. It shall be the duty of tho Inspector of Wood to oversee the ranking and piling of ail wood for fuel brought to theCìty of Dubnque for sale, and to cause the same to be piled as herein pro- vided for: and when pilod to inspect and measnre the same. If any wood is not piled as heroin provided for, he shall notify the owner or person having the same in charge to repile the same as herein provided 1'01'; and in case the owner or person having the same in charge fails to do so within a reasonabJe time, tho inspec- tor shall refuse to pass said wood, and shall mark the samo as rejected. All wood properly piled aud marked shall be measured by the inspector who shall givc a certificate of such measurement to the owner of tho wood or person having the same in charge, setting forth the dimensions each way of the rank so measured, stating the number of feet in length of such rank required to make np a cord of one hundred and twenty-eight cubic feet and the measurement so made shall be binding and conclusive on both bnyer and seller; a duplicate of the above certificate shall be at- tached by the inspector to oach rank of wood by him inspected and passed, and all sales of such wood shall bc from the rank as moasured by the inspector. Provided, that whencver such wood shall be removed from the place where inspected and measmed by the inspector to any other place in said City to be again oifered for sale, the same shall be again ranked and measured, and a new \) 10 ORDINANOES CITY OF DUBUQUE. 11 eertifieate thereof attached to each rank as above provided, but the fees to be charged by the inspector shall be only one-half the amount herein provided. SEC. 6., The Inspector of Wood shall not buy, sell, or in auy manner deal in wood eithcr for himself or others save and oxcept to purchase wood for his own use, nor shall ho be interested, either direotlyor indirectly, in the purchasing or selling of wood, nor in the profits to be derived therefrom, nor shall he iu any mauner aid or assist in making sales or purchases of wood. SEC. 7. The fees of the inspector for services rendered by him iu iuspeoting and measuring wood, shall be as follows: For every lot of one cord or less, 10 eta. For evory lot over one and less than twenty eords, for each cord therein. 5 ots. For evOl'y lot of twenty up to fifty, for' each cord (,herein, 4 cts. For every 101. of fifty or over, for each cord therein, 3 eta. SEO.8. Repealod by noxt ordinanoo, passed August 11th, 1870. SEC. 9. No parson shall sell or offer for salo in that portion of the City of Dubuque lyiug east of Bluff street, with Bluff street in- eluded, and ,between Jones and 18th Street any wood for fuel load- ed upon any wagon, sled or other vehicle until the same shall have been first inspected and measured by the Inspeotor of Wood, and certificate of the quantity thereof in cords, or parts of a cord he procured by him. Any person who shall violate the provisions of this section shall forteit and pay to the City for each offense the sum of five dollars. * SEa. 10. llepealed. SEC. 11. Any person who shall resist or interfere with the in- spector in the performance of his duties undcr this ordinance, or shaH neglect or refuse to comply with any of the rcquirements thereof, or shaH mutilate, destroy or change any certificate attach- ed by the inspector to any rank of wood, by him measured, or in any other manner violate any of the provisions, shall when no other penalty is herein provided, be punished by fine not less than five nor more than fift,y dollars with costs of prosecntion, at the discretion of the court before which he may be prosecuted, and such court may in addition to such fine, imprison snoh offender un- til such fine and oosts be paid. SEa. 12. That the Inspector of Wood shall keep a correct and true account of all wood brought to the City of Dubuque for fuel, and shall report to tbe City Council at everyone of its regular ses- sions the amount of wood measured by ,him during the month previous, for whom the same was measured, and the amount of fees paid him therefor by each person at whose request such meaSUI'e- ment was made, and shall account for and pay into thc City Treas- nry five per cent, of all fees received by him during said month, and shall turn Over to .the Treasurer the stubs of all certificates issued by him, showing the date of issue, the amount of wood measnred, for whom measured, and the fees charged by him. That as soon as any wood shall have been measured by tho inspector, said inspector shall have the right to demand and receive of the owner of such wood in advance, the fees to which he may be entitled, and shall not be required to deliver a certificate until snch fees be paid. SEa. 13. That Chapter 21 of the revised ordinances be, and the same is hereby repealed, and that this ordinance be in iorce from and after one publication of it in the Dubuque Timcs Newspaper. Passed May 5th, 1870. , Boundarios of wood market changod hy ordinanco of June Bth 1872. AN ORDINANCE To prohibit the keeping or establishing of Lumber Yards within the fire limits. Be it ordained by the City Council of the City of Dubuque; SEa. 1. That no person shall keep or establish a Lumber Yard ibr the deposit of lumber, within the fire limits of this City, except by special permit of the City Council, on application in writing, signed by the owners of two-thirds of the property owuers of the block in which such lnmber yard is sitnated, aud any person who shall violate the provisions of this section, shall forfeit and pay a fine of not less than teu dollars nor more tbau one hundred dollars for the first offense, if tho yard is continued in violation of this section for the space of six days after the urst uue, it shall be a second offense for which the party shall be fined not loss than twenty-five nor more than one hundred dollars; and each subse- quent continuance of the lumber yard for six days, shaH be another offense, for which the party offending shall bo fined not less than twenty-five dollars. SEa. 2. This ordinauoe shaH not apply to persons who now have lumber yards within the fire limits, provided such yards have heen established for the space of three months next prior to the passage of this ordinance. SEC. 3.' 'l'his ordinanoo shaH be in force from and after its pas- sage and one publication in the Dubuque Daily Times. Passed ,May 16th 1870. 12 ORDINANOES CITY OF DUBUQTTE. 13 AN ORDINANCE' To provide for improving the Streets, Alleys, and Public Landings aud Sidewalks, in the City of Dubnque. Be it ordained by the City Council of the City of Dubuque; SEC. 1. That whenever it shall be deemed expedient by tbe City Conneil of said CUy, to grade, pave, macadamize, or ot,herwise improve any street, alley or public landing, of the City, or any part thereof, said council shall by resolution, direct the City Engineor to preparo the proper plans and specifications for the improvement proposed to be made; and said Engineer shaU forthwith prepare the same and submit to the committee of said conncil on streets, and if the same be by them approved, shall file thorn in the office of the City Recorder. SEC. 2, That as soou as said plans and specifications are filed in the office of tho City Recorder, he shaU, withont further order from the Council, give public uotice by an advertisement of at least five days in the official paper of the City, that at the next ses- sion of the Council, bids will be received by the said Council for the doing ef the work in accordance with snch plans and specifica.. tions. SEd. 3. At the meeting of the Council at which bids are to be received, such bids shaU be opened and the contract awarded as to the Conncil shall seem proper. Provided; 'rhat in all contracts let for snch improvement, it shall be stipulated that the City shaU levy a special tax on the abnt. ting property sufficient to pay for such improvement, and shaU proceed to coUect the same in the manner herein pointed out, and pay the same over to the contractor as soon as collected, bnt that the contractor shall waive all reconrse on the City for pay- ment, under such contract, to the amount of such tax. SEC. 4. That as soon as practicable after the expiration of the time specified in the contract, within which the improvement is te be completed, the committee of ~he Council on streets shall make an examination of the work, and if the same be not comple- ted, or not done in the manner provided Iu the contract, said com- mittee may direct the Street Commissiouer to complete tbe same in the manuer provided iu the coutract, and the expense of com- pleting the same shall be deducted from whatever money may be coming to the contractor under his contract, or said committee may report the case to the City Council for their action. And if said cemmittee find the work completed in accordane~ with the contract, they shall accept the same from the contractor, and so re- port to the City Council. SEC. 5. As soon as practicable after tho work shall be comple- ted and accepted by the Council, they shalllovy a special tax on the sevorallots or parcels of real estate abutting or adjoining such improvement sufficient to pay the costs and expenses of the same. 'fhe resolution by which such tax shall be levied, shall specify the name of the street, the number of the lots, the amount of taxes levied on each and the name of the contractor for whose benefit such levy is made. SEC. 6. The oityrecorder shall, withont delay, after the passage of the resolution of the City Council, levying the tax, make out and deliver to the City Treasurer, a duly certified copy of such res- olution, and take his receipt and duplicate therefor, one of whieh he shall file and preserve in his office, and the other he shall deposit with the auditor. . SEC. 7. If such tax be not paid to the treasurer within ten ,-Jays after a copy of such resolution is filed in hiB office, said treasurer shall, as soon as may be thereafter, offer at public sale at the City Hall, tbe real estate npon which such tax is levied and remains nn, paid, and the sale shall be made for and in payment of the whole amount of snch tax, interest and costs, levied and unpaid on such real property. The treasurer shall give notice of the sale by pub- lishing an adverti,ement thereof in the official paper of the City, for five days prior to the day of sale. SEC. 8. Such advertisement shall state the time and place of sale, and con'tain a description of the several parcels of property to be sold, as the same are set forth in the resolution, the amount of' taxes on each tract of land with interest and costs. He shall also charge and cellect in addition, the sum of ten cents for each lot or tract of land advertised for sale. The Treasurer shall proceed at the time and place, on the day specified in suoh advertisement, to selI separately, each lot or parcel of real estate advertised for sale for the tax, interest and oests due on it. The sale shalI take place hetween the hours of 9 o'clock in the forenoon and 5 o'clock in the afternoon, and may be adjourned from day to day, Sundays excep- ted, until all suoh real estate is sold, or so long as there are bidders. SEd. 9. The person who offers to pay the amount due on any parcel of land, for the smallest portion of the same, is to be con- sidered the pnrohaser, and he shall dosignate the portion of the lot for which he offers to pay the amount due on the whole, as soon as ,the bidding on such lot is concluded. SEC. 10. The Treasurer shalI make out, sign and deliver to the purchaser of any real estate sold for the tax aforesaid, a certificate of purchase, describing the property on which the tax and costs " 14 ORDINANdES. were paid by the purchaser and also how much and what part of each lot or tract wassold, and stating,the amonnt of the tax with interest and costs, for which each tract or lot was soid. Payment shall be made at the time of sale, and on a fail;"re to pay at snch time, the lot or parcel shall again be offered for sale. SEO. 11. The ownor of any real estate sold for the tax as afore- said, shall be entitlod to redeom the same within one year, by pay- ing to the Troasnrer the amount'for wbich thc samc was sold with 20 per cent interest per annum. After the expiratiou of one year from the date of sale of auy land for such tax, the treasurer shall make a deed for each lot or parcel of land sold and remaining un" redeemed, and deliver the same to the purchaser upon retnrn of the certificate of sale. Thc deeds shall be executed snbstantially in the form rcqnired for deeds fi'om the Connty Treasurer to pur- chasers of land sold for taxes. For each deed to an individual pnrchaser he shall pay into the treasury the sum of one dollar. The deed shall be signed by the treasurer in his official capacity, and acknowledged by him, before some officer authorized to take acknowledgements of deeds. . SEC. 12. Such deeds shall be prima facie evidence of the regu- larity and validity of the sale, and of all previons proce,edings, and no informality" omission or defect, shall in any event defeat the right of the City or the purchaser to the amount which the im- provement cost, wi,h interest and proper costs, the same being hereby declared an equitable lien upon the property on which the tax may be levied by the City Council. SEC. 13. That whenever it shall be deemed expedient by the City Council to grade, or pave or repair the sidewalks on any street, alley or avenne, or any part thereof, within the limits of said City, said Conncil shall pass an order to that effect, which order shall set forth the particular locality whcre such grading or- paving is required to be done, and the time allowed for complet- ing the same; and the pnblication of such order in one of the newspapers in the City for one week shall be deemed a sufficient notice to the owners or holders of lots abntting on any sueh street, alley or avenne where such grading or paving is to be done, as therein specified. . SEC. 14. All such grading, paving and ,'epairing shall be in con- formity with the grade of the streot, alloy or avonuc, (uuloss otherwise ordered), and done under tho direction of the Marshal or Street Commissioner, and all expenses of grading, paving and repairing of any sidewalk shall be paid by the owners of the lots abutting where such grading, paving or repairing is to be done. ORDINANOES SEC. 15. If the owner or holder of any lot, or part of a lot, shall neglect to grade, pave or repair his sidewalk in conformity with the order of tho City Conncil, published as aforesaid, the Marshal shall contract for tho same to be doue at the expensc of the City, and shall make his report of the oxpense thereof to the City Council, and if the same be approved by said Council, they shall forth with levy a special tax ou each lot or part oflot abutting on such improvement, sufficicnt to pay the costs of the improvement madc in front thereof, and sball proeeed to collect the samc in the same manner as is above provided for the collcction of taxes levi ed for other street improvement; and all sales made therefor and deeds, made in pursuance thereof, shall havo the same force, valid- ity and effect as is above provided. SEd. 16, That all of chapter 26, of the revised ordinanceS" of said City, and an of chapter 27 thereo~ except sections 1 and 2 of said last named ordinance, be and the same is hereby rcpoaled, sav- ing to tho City, and an persons in interest, all rights accrued there- nnder. SEd. 17. This ordinance shall be in force from and after one publication in the Dubuque Daily Times. Adopted Angnst. 11, 1870. . Snperceded by ordinance cf May 7. 1874. AN ORDINANCE' To amend an ordinance passed 5th day of May, 1870, entitled "An Ordinance 'providing for the appoiutment of an Iuspector of Wood, and regn1ating the sale of Wood for Fnel in the City of Dubuque: Be it ordained by the City Council of the Oity of Dubuque: That Section 8 (eight) of an' Ordinance passed the 5th day of May, 1870, entitled "An Ordinance providing for the appointment of an Inspector of Wood, and regn1ating the Bale of Wood for fuel in tho City of Dubuque," be and the same is hereby repealed, and that in lieu thereof the following be and is hereby substituted as Section 8 (eight) of said Ordiuance, viz.: SEC. 8. That' an persons selling Wood for Fuel in the City of Dubnqne are hereby designated Wood Dealers; and no person shall engage in such business in tho City of Dubuque, uuless duly authorized by a license issued by tho Oit)' 101' that purpose, under a peualty of not less than teu nor more than fifty dollars. Such license shall be procured aud issued by the Recorder to such per- sons as apply therefor, who shan produce the receipt of tbe Troas- urer of the City for the sum of twenty-five dollars, paid him for 15 16 CITY OF DUBUQUE. 17 arTY 0>' DUBUQUE. such liceuse by the applicaut, and such license shall expire on the last day of March next after its date. Provided, That this section shall not apply to sales made to a licensed wood doaler, nor to sales made by persons who bring the wood to the City loaded upon a wagon, sled or like vehicle. This ordinauce shall be iu force from and after its passage !lnd publication in the Dubuque official papers. Adopted August 11, 1870. . Wholly repealed b,. ",dinanee of Mamh 5, 1874. AN ORDINANCE Granting to D. W. Hewitt and others the use of a certain slough and its banks, within 'the City of Dubuque, for the purpose of constructing and oporatiug Movable Sectional Docks. Beit ordained by the City Council of the City of Dubuque: SEOTION 1. That license and permission is hereby granted to D. W. Hewitt, his associates and assigns, as individuals, or as a body incorporate, under snch name as they may hereafter adopt, to occnpy aud use three hundred feet of the uorth bauk of what was formorly known as the main slougb, in the City of Dubuque, lying south of 3d street, in said City, aud the waters immediately in front thereof, so far as the City can grant the same, during the term ef ten years from this date, for the pnrpose of constructing and operating movable sectional docks, for the building and repair of steamboats and barges, reserving to the City the right to fill up said slough or auy part thereof at auy time. Passed October 10, 1870, AN ORDINANCE To amend an Ordinance entitled "An Ordiuance in relation to the Public Landing and to regulate Wharfage," being Chapter 15 of the Revised Ordinances ef the City ef Dnbnque: Be it ordained by the City Council of the City of Dubuque: SEOTION 1. That all of Seetiort 3 of an Ordinance entitled "An Ordinance in relation to the Pub lie Landing and to regulate Wharfage," being Chapter 15 of the Revised Ordinances of the City of Dnbuqne, be, and the same is hereby rcpealed, and tbat the following be and is heroby snbstituted in its place and stead as Seetiou 3 thereof, viz. : SEo.3. That the portion of the public landing on the Missis. sippi river south of 1st s~reet in said City, is hereby exclusively appropriated as a steamboat landing, and all steamboats arriving at tbe City of Dnbuque shall land at such landing, and at no other place, and no raft or boat excepting steamboats and their barges shall land thereat without the conseut of the Harbor Master; that the portion of the public landing on the Mississippi river north of said 1st street and up to the north liue of 7t.h street ex- tended, be and is hereby appropriated as a landing for other boats, barges and rafts, and no such beat, barge 01' raf~ shall land at any other landing or place within tho said limits of the City without the written permission of the Harbor Master first obtained for that purpose, which may be granted on payment of the wharfage which would have accrued to said City if such permit bad not been granted; and any person having charge or control of any boat, barge or raft who shall violate any of the provisions of this section, and any pm'son owning such boat, barge or raft who shall direct or eon sent to such violatiou shall, on conviction thereof, be subject to a fine of one hundred dollars, or imprisonment in the City Jail for thirty days, at the discretion of thc court before which such person shall be convicted. This Ordinance shall be in force from and after one publication ion the Dubuque Daily Times. Passed Augnst 25, 1870. AN ORDINANCE Granting to the Dubuque & Minnesota Railway Company the Right of Way through the City of Dubuque. Be it ordained by the Oity Council of the City of Dubuque: That in consideration of the performance of the conditions hereinafter specified, the right, authority and permission are here- by granted to the Dubuque & Minnesota Railway Company to lay down a single track of its road from the point where the north line of 6th street intersects the center line of Washington street, at Station -0, 25. feet; thence N. 5° 35' E. Station 1 X 74 9-10 curve to left (intersection angle 10° 14',) to Station 5 X 16, thence N. 4° 50' W. Station 12 X 68 curve to left, (interseetion angle 24, 52') to sta- tion 17 X 12, 75 being center of Pine and Eleventh streets; thence in the sarno curve to Station 18 X 28,5, thence N. 29° 45' W., fol- lowing the center of Pine street to a point between Sixteenth street and Seventeenth street. Station 35 X 38 curve to right, (interseetion angle 54° 16',) to Station 44 X 7, 8 thence N. 25° 10' E., across Couler Creek and running through the center of Peosta street. Station 73 X 48, 5, curve to the left, (intersection angle 7° 30' to Station 75 X 36, thence N. 17° 10' E. Station 79 X 12, curve to the right (intersection angle 8° 04' to Station 83 X 15,3 thence N. 25° 15' E. Station 90 X 13, 4 curve to the left (iuterseetion angle 6° 24' to 3 18 ORDINANOES Station 93 X 33, 4 thence N. 19° E. . Station 95 X 58, 3 Cl1rve to the right (intersection angle 6° 02') to Station Station 20') to ' . Station 104 X 70 thence N. 36° 50' E. Station 106 X 19, 2, CUl've to the left, (intersection angle go 16') to Station 109 X 28, 08 thence N. 27° 45' E. Station 116 X 52, 5, curve to the left, (intersoction angle 5° ) to Station 119 X 0, 2.5, thence N. 22° 40' E. ' Station 131 X 18, 7, curve to the left, (intersection angle 16° 55') to Station 136 X 82, 6, thonco N. 5° 45' E. Station 143 X 47, curve to the left, (intersection angle 35° 31') to Station 149 X 39 thence N. 30° 05' W. Station 152 X 89, curve to the left, (intersection angle 100 50') to , Station 154 X 69, thence N. 40° 35' W. Station 164 X 63, cm've to the left (intersection angle 5' 02' (to Station 169 X 495, thcnce N. 45" 55' W. Station 171 X 70, cnrve to the left (intersection angle 4' 01') to Station 173 x 70, thence N. 49" 15' W. Station 178 x 05, curve to the left, intersection angle 9" 28' to Station 179 x 94, thonco N. 58" 45' W., crossing tho northorn honndary of the City of Dubnque at Station 181 x 16, 5, and for- ever thereafter maintain and nse, the samo for the passage of loco- 'motives, cars and trains of cars, npon t,he folJowing conditions, to be performed by said Company, viz.: 1st. Said Company, whenever reqnired by the city anthorities, shall, at its own proper costs, so gradc a.ny street or alley through 01' over which their tra.ck ma.y he laid, (south of Eagle Point on the sonth line of mineral lot 305') so as to afford an easy passage for carriages and other vehicles on either side of said track and shall keep said track proporly hallasted, and the space hetween the, rails and to the end of the ties so graded that carriages and other vchiclcs may casily p~ss o.cr the same. 3d. That on each side of each street or alloy, at the place where said track crosses the same, said Company shall construct and maintain snitable culverts and drains that will admit the freG passage of all wator that may flow ,down such stroot or alley. 98 X 59, 9 thence N. 35° 03' m. 100 X 58, 9, cnrve to the right (iutersection angle 12° CITY, OF, DUBUQUE. 19 3d. That at thc place where said track shall cross' any street or alley said Company shall, whenever directed by the city authori.. tics so to do, at its own proper costs, grade such stroot or alley to a level with such track, aud pave or plauk tho spaoe betweeu the rails tho entire width of sl1ch street 01' alley in such manller as will afford an oasy passago for wagons and other vehicles. 4th, That said Company shan strictly comply with aU reason- able police regn]ations wbich the authorities of said City may establish in re]ation to tho runlling of cars on said track within the Oicy Limits. This ordinance sball be in force from and after notice in writing of' the aoceptance by said Oompany- of the provisions thereof giv- en hy said Company to the May-or of the City and tho publication of said ordinance in the. Dubuque Daily Times, at the expense of the said Rallroad Company. Passed October 31st, 1870. AN ORDINANOE Reg,ulating prosecutions nlldor and providillg for the enforcement of the Ordinances of' the City of Duhuqne. Be it ordldned by. the Oity Council of the City of Dubuque: SEOTIO1.'i'l. That all prosecutions for violations of any City 01'- dinan<:e shan be had hoforo any court having jurisdiction in the name of the Stato of Iowa for the use of' the City of Dubnque and aU moneys coUected therehy shall be paid into the treasury in the mannoI' hereinafter stated. SEO. 2. That all prosecntions for the violatioll of any Ordinance when not otherwise provided, shall bo commcnced hy the City Attorney 01' the City Marshal, and whenever judgment is render- ed in favor of the City, and such, judgment is fully satisfied, said Attorney 01' Marshal is fnlly anthorized to enter satisfaction on the docket of the court. SEa. 3. In all prosecutions for the vio]ation, of any City Ordic nance, the trial shall he in a summary manner, but the aocused shan have tho right to demand a trial by jnry, and when ~ jury is demanded the court before which the prosecutioll is had shall forthwith issue a veniro to the Marshal, 01' other officer in attend- anoe on such court, commanding him to summon a jury for such trial, oj six citizeus lI'ee tram [HUb toward "Ill",r party, and weh jury shan be empallneUed and the tria] conducted in the mallner prcscribcd by law fer either crimilla! euscs tried before snoh court. SEC. 1. That any pcrson who sball au,¡ maliciou. offend against any provision of allY Ordinance the violatiou 20 ORDINANOES wbicha penalty iB not otberwiBe provided, shall be Bubject to a fine of not leBB tban one or more tban one bundred dollarB for eacb offense, and the court before wbicb tbe conviction iB bad may in Bucb case and in all cases wbere a fine is preacribed by ordi. nance, furtber adjudge tbat tbe offender be con tined in tbe, City Jail till Bucb fine and COBtB be pai{], or if tbe offenier be a male perBon over tbe age of Bixteen yeMB, tbat be be impriBoned at. bard labor till Buch tlnc and cOBtB be paid, and in all caseB where the penalty preBcribed iB or may be impriBonment, tbe court may, if' tbe offender be a male perBon over tbe age of' Bixteen yearB, fur. tber adjudge tbat Bucb perBon be kept at bard labor during tbe term of impriBonment. SEC. 5. Tbat tbe City MarBhal, or biB depnty, Bball be in attend- ance on tbe court before wbich any proBecution may be bad for the violation of any City Ordluance, Bball make and preBerve a f'ull Btatement of tbe nameB of all perBons proBeouted, and tbe jndgment of the court rendered in each caBe, togetber witb the nameB of tbe jurorB who may serve, and of' tbe witneBseB Bub. pœnaed and in attendance, and tbe time of service of' eacb, and Bball return Bucb Btatement to tbe'City Auditor on tbe laBt Satur- day of eacb montb. SEC. 6, Tbo court bcforc wbicb any prosocution for tbo viola- , tip'n of' any City Ordinance may be bad, Bhall, on tbe last Satur. day/"'!' oach montb, report to tbe City Auditor the nameB of all perBònsproBeeuted before sncb court, for Bucb violation of' tbe or. dinances, tbe judgment rendered by tbe court in eacb caBe, togetber witb tbe nameB of' tbe jurorB wbo may Berve, tbe nameB of tbe witneBBeB Bubpœnaed and in attendence, tbe officer making the arreBt, and the officer ..rving BubpœnaB, tbe time of Bervice of eacb, and the pay to wbicb tbe court, and eaob ohucb perBonB are eutitlcd according to the fee bill Bet fortb iu tbe next Bection; all fineB and feeB collected by Baid court Bball be paid into tbe City TreaBuryand the receipt of tbe TreaBuror tberefor annexed to Baid report. SEe 7. Tbat tbe following f'eeB Bball be allowed and paid by tbe City to tbe court, For eacb information filed " warrant iBBued dav'B trial (6 bours) Judgment rendered Recognizance, MittimnB, Order of diBcharge, Venire for jury, $ 25 50 1 00 50 25 50 25 50 CITY OF DUBUQUE. 21 Adjonrnment, 50 JURY TRIAL For eacb juror in eaob caBe, WITNESSES. For eacb witness (per day,) exclusive of mileage O]'FICERS. For eacb arrest (exclusive of' mileage), 50 " Service of venire for jury, - roo " " subpœna (exelusive of mileage), 15 " " ~~ . " atteudance ou court. 50 Provided, Tbat no officer of tbe City shall be eutitlod to or re- ceive any fees unless tbere be a fine imposed by the court and Bucb flue aud tbe costs are paid iu money by the perBon tined. SEe. 8. All reports of tbo court, and of tbe MarBba!, Bball be made to, and kept by tbo Anditor, and everymittimnsshall be returned to the, Anditor by the Marshal, ~ith his retnrn endorBe{] tbereon of hiBdoing thereunder; and if any fine or costa have been paid to bim, be Bhall pay the same into the treaBury and at/- nex the receipt therefor to the mittimuB under wbiob the Bame waB paid. ,Tbe Auditor shaH make and keep a complete reoord of' aH, caBeB reported to him sh{}wing all proceedings therein ,and the final diBpoBition tbereof. SEe. 9. The Audit.or Bhall examine the reportB of the court an<J' of the MarBhal, and compare them with each other, aud shall, On the firBt ThnrBday of each month, report to the Council ,the sever. al itemB and groBB amount of the feeB to which each of the officerB, jurorB, witneBBes and the conrt may be entitled, which several BumB, unless found to be incörrcct,. the Council sball order paid to the Beveral perBons eutitled thereto. If there be any diBcrepanoy between the reportB Of the court and the MarBhal, or miBtake in either, the matter Bhall be determined by the Auditor, and the miBtake or error corrected. :But Buch diBcrepaucy or miBtake shall uot delay tbe report of the Auditor or actiou thereou by the Council, aB to itemB about which there iB no controverBY, but the Bame sbaH be reported by tbe Auditor and acted ou by the ConuBiI without delay. SEe, 10. 'l'hat immediately upon the ceuviction of any perBou for the violation of any City Ordinancetbe court BhaH enter up ita judgment and tax the coats in the caBe; aud wheu the prisouer iB adjudged to pay a fiue or coats he will then be entitled to pay Buch fine or costa into court, but if Buch fine or COBtB be uottheu paid, or if the penalty impoBed be other than fine or coats, the oourt Bhall forthwith iBBue a mittimuB to the MarBhal Btating 1 00 50 t 20 ORDINANOES OITY OF DUBUQUE. 21 which a penalty is not otherwise provided, shall he suhject to a fine of not less than one or more than one hundred dollars for each offense, and the court before which the conviction is had may in such case and in all cases where a fine is prescribed by ordi- nance, further adjudge that the offen deI' be confined in the, City Jail till such fine and costs be paid, or if the offen;!er be a male person over the age of sixteen yeárs, that he be imprisoned at hard labor till such fine and costs be paid, and in all cases where the penalty prescribed is or may be imprisonment, the court may, if' the offender be a male person over the age of sixteen years, fur- ther adjudge that such person be kept at hard labor during the term of imprisonment. SEC. 5. That the City Marshal, or his deputy, shall be in attend- ance on the oourt before which any prosecution may be had for the violation of any City Ordinance, shall make and preserve a full statement of the names of "II persons prosecuted, and the judgment of the court rendered in each case, together with the names of the jnrors who may serve, and of the witnesses snb- pœnaed and in attendance, and the time of service of each, and shall retnrn snoh statoment to thO' City Auditor on the last Satur- day of each month. SEC. 6, The court before which any prosecution for the viola- 1;1';n of any City Ordinance may be had, shall, on the last Satur- day 'Of each month, report to the City Auditor the names of all personsprosecnted before such court, for such violation of the or- dinances, the judgment rendered by the court iu each case, togethcr with the names of the jurors who may serve, the names of the witnesses subpœnaed and in atteudence, the officer making the arrest, and the officer serving subpœnas, the time of service of each, aud the pay to which the court, aud each of such persons are entitled according to the fee bill set forth in the next section; all fines and fees collected by said conrt shall be paid into the City Treasury and the receipt of the Treasurer therefor annexed to said report. SEe 7. That the following fees shall be allowed and paid by the City to the court, For each information filed " warrant issued dav's trial (6 hours) Judgment rendered Reccgnizance, Mittimus, Order of discbarge, Venirefcrjury, Adjournment, 50 $ 25 50 1 00 50 25 50 25 50 JURY TRIAL For each juror in each case, WITNESSES. For each witness (per day,) exclusive of mileage OFFIdERS. For each arrest (exclusive of mileage), 50 " Service of venire for jury, - 1 00 " " subpœna (ex elusive of mileage), 15 " "mittimus -' 25 " attendance on court. 50 Provided, That no officer of the City shall be entitled to or re- ceive any fees unless there be a fine imposed by the court and such fine and the costs are paid in money by the persou fined. SEC. 8. All reports of the court, and of the Marshal, shall be lOade to, and kept by the Auditor, and every mittimus shall be returned to the Auditor by the Marshal, with his return endorsed thereon of his doing thereunder; and if any fine or costs have been paid to him, he shall pay the same into the treasury and an- nex the receipt therefor to the mittimus under which the same was paid. The Auditor shall make and keep a complete record of all cases reported to him showing all proceedings therein and the final disposition thereof. SEO. 9. The Auditor shall examine the reports of the court and of the Marshal, and compare them with each other, and shall, on the first Thnrsday of each month, report to the Council the sever, al items and gross amount of the fees to which each of the officers, jurors, witncsses and the court may be entitled, which several sums, nnless fouud to be incorrect, the Council shall order paid to the several persons entitled thereto. If there he any discrepancy between the reports of the court aud the Marshal, or mistake in either, the matter shall be determined by the Auditor and the mistake or error corrected. ;But such discrepancy or mistake shall not delay the report of the Anditor or action thereon by the Council, as to items ahont which there is no controversy, bnt the same shall be reported by the Anditor and acted on by the Conncil withont delay. SEC. 10. That immediately upon the cenviction of any person for the violation of any City Ordinance the court shall enter up its judgment and tax the costs in the case; and when the prisoner is adjudgcd to pay afine or costs he will then be entitled to pay such fine or costs into court, but if such fine or costs be not then paid, or if the penalty imposed be other than fine or costs, the court shall forthwith issue a mittimus to the MarBhal stating 1 00 50 22 ORDINANOES OF DUBUQUE. 23 therein substantially the jndgment of the court and the amonnt of eosts taxed, and thereafter all fines or costs shall be paid to him, and he shall cxecnte the judgment of the court and make full re- turn on each mittimus of his dnings thereunder, and file the Same with the Anditor at the time of making his monthly report. SEC. 11. That the Mayor of the City may at any time remit all or any portion of the punishmeut imposed for the violatiou of any ordinance, but such remission shan be in writing, and address- ed to the Marshal, and he shall return the Same to the Auditor at- tached to the mittimus nnder which he held the prisoner. SEC. 12. That the basement of the east end of the Central Market Honse, in said City, is hereby declared to be the City Prison ef the City of Dnbugue, and shall be se knowD and'desig- nated; said Prison shall be in the keeping of such person as the Conucil may appoint, but nnder thc control aDd supervision of tho City Marshal; and therein shan be confined all persons committed thereto for violation of the laws of the City, and all persons arres- ted by the Police of the City charged with offenses against the laws of the City or State, and it is hereby made the duty of the Marshal to see that such Prisou is constantly kept in a cleanly and healthful condition; that strict attention is paid to the personal cleanliness of an prisoners, as far as may be, and, that each prison- er is furnished daily with as much clean water as he shall have occasion for, either for drink or for the purpose of personal elean- lineBB, and with sneh food, in sneh quantity and at such times as may be prescribed by the regnlatious for the goverment of said prison. SEC. 13. The Mayor of the City shall make such rnles and reg- ulationB as he may think proper for the goverment and manage- ment of said prison: and shall from time to time prescribe the kind of labor at which, and tbe place where, within the city, pris- oners sentenced to labor shall be employed. The Marshal or other persons appointed by him, shall superintend the perform- ance of the labor prescribed, and shall furnish at the expense of the City such teols aud material as may be necessary for the doing of the werk prescribed, and may UBe sneh means as are neeeBsary to prevent eBcape, and if such prisoner attempt to escape or refuse to labor, he may use the means authorized by section 5134 of the Revision of 1860, of the Laws of Iowa, but he shall not compel any prisoner to labor more than eight hours in anyone day, SEC. 14. Every person committed to said prison for the non- payment of costs or fine and costs, shall be credited on such fine or costs the sum of one dollar and filty cents for each day's im- prisonmcnt, but when sentenced to such prison at hard labor for tbe non-payment of such fine or costs, and he refuse to perform the labor required of him, he shall not be entitled to such credit, and when a prisoner is sentenced to hard labor for a definite time and rcfuses to perform the labor required of him, the time duriug which he refuses to labor shall not bc considered as any part of the time for which such prisoner was sentenced. SEC. 15. It shall be the duty of the officer having a prisoner in charge to preserve him from insult and annoyance aud communi- cation with others while at Jabor and going to and returning ¡rom the same, and may use such means as are nccessary and propcr thcrefor, and any persou persisting in insulting, annoying or com- municating with such prisoner, after being commanded by such officer to desist, shall be punished by a fine not exceeding ten dol- lurs or by imprisonment not exoecding three days. BEC. 16. That chapter 53 of the I(evised Ordinances be and is hereby repealed. SEC. 17. This ordinance shall be in forco from and aftcr its pub- lication in the Dubuque Daily Timcs and Natioual Demckrat, newspapers published in the City of Dubuque. AN ORDINANOE To Establish and Maintain the Eagle Point l~erry. SEO.1. That the license and privilege of keeping a ferry, to be known as the Eagle Point Ferry, from the City of Dubuque to the Wisconsin side of the Mississippi river, for the period of twenty- five years, is here by grantcd to Frederick Schreiner and his as- signs within the limits and nnder the provisions, conditions and restrictions following, vi.: That the City of Dnbuque for and in consideration of the covenanlS herein contained hereby grants to said Frederick Schreiner the license and pri vilege of keeping and maintaining a steam ferry, to be known as the Eagle Point Ferry, for twenty-five years ¡rom the first of March, A. D., 1870, across the Mississippi river, bctween the City of Dubuque and easterly Bide of the river, in the State of Wisconsin, the license and privil- ege en the Iowa sbore to be limited on the south side by the point, which is due east from the central point in the south easterly end of Sixth stroet in Ham's addition to the City of Dubuque, and on 'Oi," north by the north end of said City, and is to be exclusive within the limil,s aforesaid; and said Frederick Schreiner agroes that on or before the 1st day of July from the passage of this or- dinance he wil1 commencc and continue running at the place afore- said a ferry boat s~fficient to accomodate the traveling public aud 24 ORDINANCES, transport across the Mississippi river all passengers and freight that may be offered. And further agree to exercise all proper care, skill and prudence in keeping and running said ferry, and to conduct the same so as to insure the safety and convenicnce of the traveling public with their freigbt. It is fnrther agreed that the City Council shall make such rules and regulations as thoy may deem necsssary and proper, and fix from time to time the rates of ferriage from the Iowa side, but that the City Conneil shall not fix the rates of ferriage lower tban the rates which mllY be fixed for the Dubuque lIud Dunleith ferry, aud in case the Council shllll fix the ferrillge lower tban shall be deemed profitllble it shall be the right of said Frederick Schreincr to abandon the liccnse and privileges hereiu f!,mnted npon giving the Mayor of the City thirty days' notice in writing of his inten- tion to do so. And it is further agreed that a failure of the said Fredoriek Schreiner or his asigus to eomply with all or any of the terms and conditions of this ordinance .hall be a forfeiture of all bis rights under the same, and that the City Couneil mllY, on ten days' notice given to him nnder resolntion, declare the same for- feited. . Passed Deeember 2d, 1869. AN ORDINANCE- Anthorizin!,: S. Chamberlain and others to construct, mamtam and operate Water Works, and supply water to the City and Citiz- cns of Dnbnque, defining their powers and privileges, and pre- scribing their duties. . Be it ordained by the City Council of the City of Dubuque; SECTroN 1. That S, Chamberlain, J. W. Parker, H. W. Clark, N. W. Kimball and R. J. Gibbs, their sneeessors, associates and assigns, a8 individuals or as a body eorporate, under such name as they may bereafter adopt, be and aro hereby authOJ'ized to cou- struct maintaiu and operate water works in tbe City of Dubuqne, with proper structures, machinery, reservoirs, embankments, aque- ducts, pipes ánd conduits to supply thesaid City and its citizens with pnre and wholesome water; to acqnire and hold as by law anthorized, any real estate, casements and water rights either within or without the City necessary to that end and pnrpose, and to use street,s alleys, avenues and public ~rounds of the City, as it is now are may hereafter be laid ont and enlarged, exclusively for the term of fifty'years from the date of this Ordinance, for the pur- pose of layiug therein pipes and condnits necessary to carry water CITY OJ!" DUBUQUE. 25 thronghont the City. Provided, That such pipes and conduits shall be placed below the surfrce, and so ]ai~ as not to to interfere with or abridge the rights or privileges of the Kcy City Gas Com- pany, or,the Dubuque Strect Railway Company, or to iuterfere with the present or future drainage of said City, and they may es- tablish rules and regulations for and couccrning the use of the w~ter from thcir works, and for aud coucerniug the eon duct of such persons as may use the wlltcr, so fitr as respects its preserva- tion and usc, aud restraining the wlIste thereof, subject to review lInd lIpproval of the City Couneil. SEC. 2. That before commencing work upon any part of lIny street, alley, lIvenue, or auy public grounds, they shall give the street commissioner of the City lit least three dllYs theree~ notice and during the progress of the work shall not uuneeessllrily ob. struct auy street, alley, lIveuue or public grounds, aud shall com- plete each pllrt of the work therein as soon as pnctieable, and re- store the same to as good lInd like condition liS before the work was commenced; aud upon a failure so to do, 01' should the same subsequeutly become out of good coudition be ell use of imperfect repairs, then lIud in that case the City may causo the proper repllirs to be made, aud may retain the costs thereof out of lIny moneys theu due or lInerward. becoming due to said parties, and they shllli be liable for lIuy injury 10 persous or property clIused by the negligenee, mismanagement or fault of themselvos or any of their employees; and should tIle City be sued thorefor, they or some managing lI¡(ent in their employ shllll be notified efsuch snit, and thereupon it shall be their duty to defend or settle the same, and should judgment go against the City in any sueh suit the City shllll reeover the <1muont thel'eo~ with ali eosts, from the said pllrties, lIud the record of the judgment against the eity shllll be conelusive evidenee in the cause to entitle the city to re- cover lIgaiust them. SEC. 3. They shall supply to the City upon the several streets lInd avenues in which pipes lIud eonduits mllY be laid lit such poiuts as mllY be desigMted bv the City Council, such quantity of water as mllY be required by the City for fire purposes, and to that end they shall at their own cost and expense erect and attach as mllny hydrllnts aud fire plugs (not less than seventy-five in number) as the City Connoil fillY direct, aud shllll keep and maintaiu the slime in good repair, and protect them in winter so as to keep them from freezing, oach hydrllnt being so constructed that two distinct lIttaehments of hose elln be made to it at the same time, the City to PllY 10r the use of the wator from said fire hydrllnts as follòws ~ 4 26 ORDINANCES For the first 100, $75 each per annum; for all over 100 and less than 200, $50 pCI' annum. Whcn 200 are in use the charge shall be $60 each per anuum for all, which shall continue to he tbe charge nntil 300 shall be in use, when the charge shall be $50 each per annum for all then in nse. Said parties shall furnish free of charge such quautity of water as said City may require for foun- tains in hoth Jackson and Washington squaros in said City, wheu- ever said City shall erect such fountains, and pay them for the cost of the additional pipe required to eondnct the water to the same; and they shall furuish to the eitizeus of the City upon the several streets and avenues in which pipes an.d water courses may he laid, and In such localities off the same as the citizens may con- duct the water to, such quantity of pure and wholesome water as they may desire, and may charge and cellect for' the same any price or sum that may he agreed upon, which shall not he more than twenty-five per cent. in excess of the price set ferth in the following schednle: Bank., per annum Bakeries Barher shops, 1 chair " each additional chair Bathing house, per tnh Blacksmith shops, one fire " each additional fire Building purposes, per M hrick " "perch stone Plastering 100 yards Brewers and malt houses, per M. gallons Distilleries, " " " Founderies and maehine sheps, per M. gallons Gas Works, per M. gallons Loeemotlves, " " Soap Factories Tanneries, Dwelling houses net exceeding 4 rooms ," each additional rOom Hotels and boarding houses, each room Offices, each ' - Printing offices (engine extra) Saloons, groceries and eating houses Stable, livery, per stall np to six Each additional stall Stables (prIvate) per horse CITY OF DUBUQUJè. 27 $10 00 to $15 00 1000 to 25 00 8 00 300 10 00 to 15 00 300 100 10 10 40 20 20 20 20 20 20 20 800 100 - 1 00 500 10 00 to 20 00 - 15 00 to 40 00 300 250 - 300 Steam Engine, when water not taken by assessment, per horse power Stores up to 20 feet front " 20 to 30 " Water for sprinkling lot up to 50 fect, front, per tap Water for sprinkling lot 50 to 100 fect front, per tap Water for sprinkling let above 100 feet front to be assessed Fonntains, private 5 00 to 25 00 Pnblic buildings, churches, theaters, steam heating apparatus and all uses net stated, to be assessed. SEC. 4. That said parties may take the water for the suppJy of the City and its inhabitants from the month of the Jevel situate in Bachelol' Hollow, or on Mineral Let No. 203, in Dnbnque County, Iowa, and shall commence the construction of the werks herein provided for within six months from the passage of' this ordinance, and shall, within one year and six months from the time the same is cemmenced, have at. least six miles of' water pipe laid down and eonnected with said Ijevel, and in eperation; and at the expira- tion of two years and six months at least ten miles ef pipe so laid and cennected and in f'ull operation; and shonld they, because of any want of care or diligence en their part, fail either ;n the com- mencement or prosecution of the werk as in this sectien provided, or having laid down the pipes as above required, shall in like man- ner fail to furnish to the City and its citizens pure and whoJesome water in such quantity as they mny desire and at the rates in this ordinance provided for, then and in either case the rights and privileges herein grantcd shall be forfeited, and shall revert to the City; and shonld the City or citizens at any time, tbrongh the wilfnlness and carelessness of said parties, their succeSSOrS or as- signs, be deprived of' the necessary water for thirty,six censecn- tive hours, the said parties shall be liable to a forfeiture of' their rights nnder this charter, or at the electien ef the City they shall forfeit all claim for payment fer stipulated price for all hydrnnts snpplying water te the City for the period of one year. Provided, that whether a substantial breach of any of the previsiens of' this ordinance shall have been committed, shall be determined byaju- dicial declaration by a conrt of cempetent jurisdiction before a f'orfei,ture of their rights under this ordinance shall take place, or their claim fer payment of' the stipulated price for hydrants for- feited. SEC. 5. That after the pipes and mains shall have been laid as in section 4, provided said partics shall exteud the same along any street, alley or avenue iu the City, whenever the City (Jouncil s\1all 300 800 1000 200 400 ,¿' <>. -~""""""""".,'.,,'" '..., .'~ '-", .'. ._,<- " 'T i i 28 ORDINANOES OI'lèY OF DUBUQUE. 29 order the same, and fnrnish to the City aDd its citizens along the line of snch street, alley or avenne in the City, whenovcr the City Conncil shall order the samo, snch quantity of water as may be required by them; provided, that the City Council shall order at least an average of one hydran~ for everyone thousand feet of pipe, so extended to be attached for the nse of the City, and to be paid for by it as before in this ordinance provided, and said City 01' its citizens also guarranty to sDch parties the use of stich qnan- tity of water along the line of snch street, avenue or alley as at the rates above stipnlated will produco a snm of money sufficient to pay interest at the rate of 7 per cent. on the cost of the pipe re- quired to be so extended. SEC. 6. That. said partieó shall so construct their reservoir at the mouth of the level, that the drainage of the neighboring ra- vines will no' flow' into the same; and if at any time dnring the con, tinnanee of this charter, the water of said level shall be unwhole- some, or the quantity thereof insnfficient to supply ~he domands of the City, then said parties shall be required to furnish a snffi- cient snpply from the main ehannel of the Mississippi river north of Seventh street in said City, and to constrnct and use for that purpose engines and pnmps of a capacity sufficient to force the water throngh the pipes to any part of the City; and when ever said parties fail to furnish the quantity of water sufficient to snp- ply the demands of the City and its citizens, or fail to comply with every requirement of this ordinance, then the Council may, by re- soloMon, forfeit the rights hereby granted. SEa. 7. That ,a~ any time after twenty years, upon giving six months' no,ice, the City shall have the right to purchase from said parties all the buildings, machinery, pipes and other property, with all their rights and privileges, (but not including any fran- chise herein granted, or that may be hereafter granted to said parties, which shall not be in eluded in the estimated value, but in the purchase shall revert to the City,) at such price as may be agreed upon by the City Council and said parties. In case of a disagreement, the price shall be asoertained by five disinterested persons, noncresidents of the City, two of whom shall be chosen by the City Council, and two by said parties, and the fifth by the fonr thus chosen. Said ascertained price shall be snbject to the accept, anee or rejection of the City Conncil, and said parties shall not be allowed to sell to any person, company or, corporation, withont first giving the City Conncil the refnsal to pnrchase at the same rates offered by others; provided that no pnrehase shall be made by the Ci~y Conncil until the terms agreed upon or settled by ar. bi~ration as aforesaid shall be ratified by a majority of the legal voters of the City a~ a special elcction to be held for that purpose. SEC. 8. That the works and proper~y connected therewith erected in pnrsuance of the privilege herein granted shall be ex- empt fi-om City taxation' till the year 1873. SEC. 9. This ordinance shall be in force from and after its pnb- lication in the Daily 'Iii mas and National Demokrat, newspapers published in the Ci~y of Dubuque; provided, that the privileges herein granted shall not inure to the parties aforementioned, their suceeSSors or assigns, unless within thirty days from the passage hereof notice of the acceptance of the grant made by this ordin- ance is filed with the Mayor of the City. When such notice is flied it shall be thc duty of the Mayor to make a proclamation of such acccptauce, which shall be regarded as the consummation of a cont1'act with said parties under the terms of this ordinan@ for a sDpply of water to the City and its citizcns under tbe terms and conditions herein provided, Passed December 5, 1870. PROCLAMAl'ION. To All to Whom it May Concern: WHEREAS, S. Chamberlain, Henry W. Clark, J. W. Parker, R. J. Gibbs and N. W. Kimball, have on this 16th day of December, A. D, 1870, filed with me a notice, s~ating that they accept the privi- leges granted to them by the City Council of this City by an ordi- nance entitled "An Ordinance a.uthorizing S. Cbamberlain and others, to construct, maintain and operate water works, and supply water to tho citizens of Dubuque, defining tbeir powers and pre- scribing their duties," passed by the Council on the 5th day of De- cember, A. D. 1870, therefore in pursuance of section 9 of said or- dinance, I do hereby give public notice of such acceptance and of the closing of the contract betwcen the City and said parties con- templated by said ordinance. In testimony whereof I hereto set my hand aud canse the seal of said City to be hereto affixed, this 16th day of December, A. D. 1870. W. J, KNIGHT, Mayor, Attest, C. G. HARGUS, Recorder. " Rates changed by ordinance of March 28, 1878. AN ORDINANCE To protect the Dubuque Water Works. Be it ordained by the City Council of the City of Dubuque: SECTJON 1. That it shall be unlawful for any person, except 30 ORDINANCES. such as ths City may desiguate,to intcrfere with the valves, caps, hydrants, or other apparatus of the Dnbnque Water Company; and that any person convicted of a violation of this ordinance shall be fined in a sum not less than one nor more than one hundred dol- lars. SEC. 2. This ordinance shall be in force from and after its pas- sage aud one pubHcation 'in the Dubuque Daily Times and Iowa Staats Zeituug. Passed October 2d, 1871. AN ORDINANCE Granting t() the Dubuque, BellevoU. and Mississippi Railway Com- pany and to the Dubuque and ,Minnesota Railway Company the Right of Way through the City of Dubuque. Be it ordained by the Oity Council of the City of Dubuque: That in consideration of the performance of the conditions here- inafter specified the right, authority aud permission are hereby granted to the Dubuque, Bellevue and Mississippi Railway Com- pany, theiI' successors and assigns, and to the Dubuque and Miune- soto¡. Railway Company, their successors and assigns, to lay down a single track of railway from the point where the centcr line of Pine street intersects the center line of Eleventh street iu said City, thence along the center Hne of Pine street in an eastertly di- rection to the west Hne of the old canal, thence southerly along the west line of the pld canal to the north line of Seventh st,reet; thence along the old levee to the north Hne of Sixth street; thence along the old levee on the west side of the track of the Dunleith and Dubnque Bridge Company to tho north line of First streot; thence over and across First street the point where the center line of the alley, between Main and Iowa streets, intersects the south Hne of First street; thence along the alley. between Main and Iowa streets in a southorly direction to the south line of Railroad av- enue, and thence along or over any street, alley or pubHc gronnd to the southern houndary of the City, and forevcr thereafter main- tain and use the same for the passage of locomotives, cars, and trains of ears, upon the following conditions to be performed by 'aid companies, viz: 1st, Said. companies, whenever required by the City authorities, shall fill and raise to high water mark the streets, alleys and highways along or over which, either of them may lay such track, and so grade the Same as to affo,rd an easy passage for carriages and oth,er vehicles on either side of s"ch track, and shall keep said track properly ballasted and tlw space between the rails o¡.nd to OITY OF DUBUQUE. 31 the end of the ties so graded that carriages and other vchicles may easily pass over the same. 2d. That on each side of each street or alley at the place where said track c~osses the same, the company which may lay down or usc the same shan constrnct and maintain suitable culverts aud drains that will admit the frec passage of all water that may fiow dcwn snch street or alley. And at the place where said track may cross Second street a culvert of not less than eighty-six feet in width and of sufficient height to permit an easy passage of tcams and wagons under said track. 3d. That at the placo where said track may cross any street or alley and along the levee where such track may be laid, the com- pany which may lay down or use such tra(ok shall, wheuever di- rected by the City authorities so to do, at its nwn cost and ex- pcnse, grade sueh street, alley or levee to a levol with such track, and pave or plank the space between tho rails, the entire width of such street or alley in such munner as will afford an easy passage for wagons and other vehicles. 4th. That said companies shåll strietly eomply with all reason- able polieo regulations which tho authorities of said City may es- tabHsh in relation to the ranning of trains on said track within the limits of said City. 5th. That this ordiuanee shall be iu force from and after notice in writing of the acceptance by said companies of the provisions hereof, given by said companies to the Mayor of tho City, and the publication of this ordinance in tho Dnbuque Daily Times at the expense of said eompanies. Passed February 2, 1871. AN ORDINANCE* To provide for the appointment of a Board of Assessors for the City of Dubnqne. Be it ordained by the City Council ~f the City of Dubuque: SECTroN 1. That at tbe reguiar session of the City Couneil in May, of each year, said, Conocil sball appoint a Board of Assessors consisting of three competent men, citizens of said City, who shall perform all the dnties preseribed for tbe City Assessor by the laws and ordi~anees of said City; said Assessors sball eaeh givo a bond in sncb snm as tbo Cúnncil may direct, and take and snb- scribe the oatb reqnired of other City offieers. SEC. 2. Said Council may, by resolution, distribute tbe dnties and labors oftbe office among the several appointees in such man. 32 ORDlNANOJ~S ner as it may think proper, and fix the compensation to bè allow- ed to each. But in the valuation of tbo property, said Assessors sball act as a Board and make a joint report to the Council. SEC. 3. That chapter fourteen (14) of the revised ordinances entitled "an ordioance to provide for the election of a City Asses- sor be and is hereby repealed. SEC. 4. This ordinance shall be in force fi'om andaftcr its pas- sage and one publieation in the official paper. Passed March 2, 1871. , Repealed by ordinance of Mamh ll, 1874 AN ORDINANCE* To amend an Ordinance entitled an Ordinanee to provide for tho appointment of a Board of Assessors for the City of Dubuque, Passed Mareh 2, 1871, Be it ordained by the City Council of the City of Dubuque: 'I.'hat section onc of the above named ordinancc be so amendcd as to read as folIo "'s: SEOTION 1. '£hat at tho regular sossion of the City Council in May of each year, said Council sball appoint a Board of Assessors, cousisting of twocompetcnt mcn, citizens of said City, who shall perform all the duties prescribed for the City Assessor by the Laws and Ordinances of said City. Said Assessors shall each give bond in such sums as the Conncil may direct, and take and subscribe the oath required of othor Ci ty officers. S,EO. 2. That this ordinance shall be in force from and after its passage and one publication in thc official papers of the city. Passed May 3, 1872. , Repealed by ordinance of March ll, 1874 AN ORDINANCE* To extend the J,imits of the Fire District in the City of Du- buque. 8e it ordained by tile City Council of the City of Dubuque; SECTION 1. That all that portiou of the City of Dubnqu~, boun- ded on the north hy 14th street, on the south by 5th street, on the west by White street, and on the east by Washington street, be aud is hereby iucluded withiu the Fire District of said City, aud that horeafter the provisions of chapter 34 of the revised ordi- nancos, entitled: An Ordinance to define the limits of the fire dis" trict," be and are hereby exteuded and made applicablc to the ter- ritory included in said limits. SEC. 2. That this ordinance shaH be in force Ii-om and after its passågeand one publication in the official papcrs. Passed March 2, 1871. , This is an addition to cMpter " of the ',t 'eVi,ed "dinancea, crt'Y OF DUBUQUE. 33 AN ORDINANCE* Granting to the Iowa Pacific Railroad Company the Right of Way through tho City of Dnbuque. Be it ordained by the City Council of the City ~f Dubuque: SECi'ION 1. That in consideration of the conditions hereinafter specified to be performed by said railroad company, the right, authority and permission are hereby grant cd to the Iowa Pacific railroad company, to lay down a single track of its road from the point where the center line of Pino street intersects the conter line of ninth street in said city, thence ou 01' beside the track of the Chicago Dubaqllo & Minnesota Railroad Compauy on said Pine street iu a northerly directiou to Seveuteenth street, and thence along the center line of said Pi no strcct to the oenter line of Twentioth street, thonce along and ovcr ,uch streets, lanes and alleys as have been or may hereafter be laid out ou mineral lot (314), three hnndred and fonrteen as marked and designated on Potter's map of the City of Dubuqne, to the ceuter line of Eagle Point avenue, near where said aveuue cross", tho Cooley creel" and thence along or near the east side of said creek to Twenty-first street, and thence by a continuatiou in the same general direction along and over such streets, lanes and alleys as now are, or may hereafter be laid out or opened along or noar the division line be- tween the Davis Farm addition and McCraney's second addition to the City of Dnbuque, to the northern limits of tho City, with privilege, right and authority to extend its line in a sontherly di- rection, and laying a single track from tbe initial point above des- ignuted, at the intersection of Ninth and Piue streets, along Pine street to the west line of the old canal; thence over and across tho old canal; thence in a southoastorly direction along or ovcr auy streot, alley or pnblic grouud of the city that has been or may hereafter be laid out, to an intersection with thc track of the Dnuleith and Dnbnque Bridge Company, in the Dubuqne Harbor Improvement Company's Addition to said City. The line of road hereby intended to be described being the same as that designated by the red lino on the plat hereto anuexed, and forever thereafter use and maintain the same for the passage of locomotivcs, car" and trains of cars upou the following conditions to be performed by said company, viz : 1st. Said company, whenever reqnired by the City authorities shall, at its own cost, so grade any street or alley throngh or over which its track may be laid as to afford an easy passage for car- riages and other vehicles on either side of said track, and shall keep said track properly ballasted and the 'pace between the rail. and 5 34 ORDINANCES CITY OF DUBUQUE. 35 ¡1¡"!",, .! ,~ to the end of the ties so graded that carriages and other vehicles may oasily pass over the same. SEC. 2. That on each side of each street or alley, at tbe place wbero said track crosses tbe same, said company sball constrnct and maintain suitable cnlverts and drains tbat will admit tbe free passage of aH water Ihat may flow down such street or alley, and at the place whore said track may cross tbe old canal, said com- pany sbaH, at its own cost and expense, construct.an hon bridge of sucb width, and in such manuor as the City Council of said City may direct. S>'e.3. That at the place where said traek shall cross any street or alley, said company shaH, whenevòr directed by the City au- thorities so to do, at its own proper costs, grade such street or aHey to a level with snch track, and plank or pavo the space between Ihe rails the entiro width of' such street or alloy in snch manner as will afford an easy passage for wagons and other vehides. SEC. 4. , ~'hat said company shaH strictly comply with all reaS- onable police regnlations which the anthorities of said City may egtablish in relation to the rnnning of'trains on said track within the limits of said City. SEO. 5. This ordinance shall be in force f'rom and after notice in writing givcn to the Mayor of the City by the said company of its acceptance of'the provisions hereof', and after the pnblication ofthis ordinance in the official paper at the expense 'of said company. Passed March 9, 1871. 'Repealed by o,dinance pa".d Mal'ch 11, 1874. tþe orders of the Marshal, an~ shail report either to the Marshal or City Conncil any neglect of duty on the part of' any police- man or watchman nnder his control. This ordinance shall be in force from and after its passage and one pn.bliçation in the Dnbnque Daily Times newbpaper, pnblished in the City of Dubnqne. Passed September 7, 1872. AN ORDINANCE '1'0 amend chapter thirty-one of the Revised Ordinances of the City of Dnbnqne. Be it ordained by the City Council qf the City of Dubuque: That section 1 of Chapter 31 of the Revised Ordinances be and is hereby so amended as to read as follows: . SEe, 1. That the City Council may at any time appoint snch nnmber of policemen and night watchmen as they may deem nec. essary for the pnrpose of guarding and protecting the peace and qniet, of the City, and the lives and property of its inhabitants; and snch policemen and night watchmen shan, while on dnty dnr- ing the day time, be under the control and snbject to the orders of the City Marsha], bnt dnring the night time, and in the absence of'the Marshal, shail be finder the exclnsive control, and subject to the orders of a Captain of PoJice, to be appointed by the City Conncil, and snch captain shall also be a policeman and,snbject to AN ORDINANCE To secure the Health of the City-appointing a board of Health. Be it ordained by the City Council of the City of Dubuque; SECTION Ì; That the Mayor of' the CIty is hereby cmpowered at any time, and at all times, when he shail deem the exigcnces reqnire it, to appoint a Board of Health to be approved by the City Conn oil, to consist of three pcrsons or less. 1'he persons so appointed'maybe,removcd by Ihe Mayor or City Council at pleas, nre; and, others appointed by the Mayor or by the Conncil. The Board may be dissolved at any time by tile Mayor or City Conncil, and it shall be the dnty of' the Mayor to dissolve it when he deems their services no longer nccessary., When dissolvod, if the ncces- city again arises, the same or a now Beard may be appcinted dur- ing the same year or at any snbsequent year. SEC. 2. Said Board of Health shall exercise a general snpervis- ion ovor the City of Dnbuque, with fnll power to take all steps and use ail mean.. to promote the cleanliness and salnbrity thereof'; to abate nnisances of every description on botb public and private property; to adopt snch measnres as they may deem proper to prevent the introdnction or spreading of malignant, contagious or infectious disoases; and to remove or otherwise dispose of any per- son "ttacked by any snch jisease ; and auy person who shall neg' lect or ref'nse to obey any lawful order of said Board shall be lia- ble to a fine of not less than flvo nor more than one hundred, dol- larS: SEa. 3. Whenever any eontagious disease shall break out or be fonnd to infest the City, it shall be the dnty of' said Board to pro- vide a hospitai or place for tho reception of all persons infected witb sneh disease, and remove all snch persons to such' hospital without delay"s ean be removed, and also to provide, at the ex- pense of tbe City, all necossary comforts and medical aid f'or the inmates of ~he hospital, and for this purpose the Mid Board may command the services of the connty physician, and also employ snch other medica] aid as they may deem necessary, and also em- ploy such nnrses, cooks and other help as may be necessary for 36 OP.DINANOES the proper police of' such hospital, but if' such persou ref'use to be removed, or if his or her condition be snch that in the opinion of' tho Board removal wonld be attended with danger, said Board shall take such measures as they may deem advisable to prevent the spread of' the contagion or mfeetion, and to eanse the diseased person to receive proper and humane treatmeut, But in all cases where the inf'ected, person ref'uses \0 go, or caunot be taken to the hospital, such Board shall cause suitablc notiees, with the name or character of' the disease printod or written in largo lottors thero- on, to be posted np in the most conspicnons place on or near the place of' abode of' snch infected person, and require the oooupants thereof' to maintain sncb notioos there until said Board may dis- continue the same; and any person who shall tear down or de- stroy such notioes shall be fined in any sum not less than ten nor more than one hundred dollars. SEa. 4. That each and every physician who may be called ,!pon to attend any case of' small pox, oholera or other oontagious dis- oase, or shall at any time hereaf'ter, attend any such case, shall within twenty-f'our hours af'ter first secing any such case, report the same to the Mayor of' the City or some member of' tho Board of' Hoalth, stating the house or looation where sucb caso exists, in ordor that preoautionary measures may be taken to protect the community against the sproad of' any such disoase; "nd any physician attonding npon any snoh case, within the City Limits, who shall neglect or ref'use to report the same as herein provided, shall be subjeot to a fine of' not less than ten nor more than one hundred dollars. SEO. 5. It shall be the duty of' the Marshal, his deputy and the Street Commissioner to ohey and perf'orm implicitly every order, regulation and diroctiou of' said Bo&rd in all matters pertaining to tho duties of' said Board, and in any matter relating to the health of' the City. SEa. 6. 'fhis ordinauce shall be in f'oro.; f'rom and af'tor its pas, sage and publication in the official papers of' the city. Passed Novembel' 7, 1871. AN ORDINANCE 'To prohibit Blasting Rook within the City Limits. Be it ordained by the ally aonndl ~f the Oity ~f V"bnqne: SEOTION 1. That it shall be unl&wf'nl for any person to blast rook within the corporation limits of' the City of' Dnbuquo, wít.h- out first having obtained permission of' the Committee of the Git,y Gooucil ou Streets 80 to do; and aftor such permission is granted OITY OF DUBUQUE. the work shall be doue under any restrictions imposed by tho street committeo, and it shall be the dnty of' said committee and they are hereby anthorized, if'in their opiniou the f'urther contin- uance of' suoh blastiug would bc daugorous to lif'o or proporty, to notify such person or porsous to disoontinue such work. SEd. 2, Any porson blasting rock withiu such limits, or continu- ing to blast rock af'tor being notified by the committee on streets to discontinue the same, shall be punishod by fine not more than one hundred dollars iu each caso. SEd. 3. That this ordinance shall be in f'orce f'rom and af'ter its passage, and oue publioatiou in the official paper of'the oity. Passed May 6, 1872 AN ORDINANOE 'l'o Lioense Omnibuse" aud regulnte the charges f'or conveyance therein. Be it ordained by the Oity Council of the Oity of Dubuque: SEorlON 1. That on complying with the conditions and roser- vations herein stated, Lagen & Sons aud their assigns shall, until the 1st day of' January, 1877, have tho exclusive privilege of' rnn- ning f'or hire omnibuses within said City, witb the privilege of' rnnning otber conveyancos where it is impracticablø to run omni- bnses, f'or the purpose of carrying persons, passengers and travel- lers, ând their baggage upon tho streets of' the City, and to and Ii-om the hotels, steamhoat landings and railroad stations within the corporale limits of'said City. . SEC. 2. It shall be the duty of' said Lagen & Sons and their assigns to f'urnish an necossary and suitable omnibuses and con- veyanees f'or carrying persons,.passengers, and traveners to any part of'the City, to rnn the same at all reasonable hours and in snch manner and at such times as will conveniently ~ccommodate the peoplo of the City, and the passengers and travellers, arriving- at, and departing f'rom the City, and also shall, in the perf'ormance of'said duties, employ competent, snitable and gentlemanly per- sons to drive and have the oharge of'said omnibusos and convey- ances. SEa. 3. That the said Lagen & Sons and their assigns may oharge and reoeivo the f'ollowing ratos,and no more, viz: For each pe1',on with nie or n"r ordinary na['~a,,;e carried to or f'ro!n any point in the City, not on the blntt; twenty-ttve cents. For each person with niB or ner ordinary naggag-o carried to or f'rom any point 011 tile blnt\', one dollar 101' one ]>""on,,;('I', if only one, if two 75 cents each, if 1111'00 or ove!', h!t.y ,'ent, fo1' eae,1I 1'"""'II;(L'1' on i I". 37 38 ORDINANOES arTY OF DUBUQUE. 39 same trip, and for each porsou over six and undel' twelve years of age, half of the above rates may be charged and received. SEC. 4. That the Council may direct and require an omuibus or other couveyance to be run regularly by said Lagen & Sons, 01' their assigns, on any of the streets in said City, and fix rates for the same wbenever the convenience of the pnblic will be promoted thereby, and the Council shall have the power to regulate and alter any of the rates of charges herein allowed whenever the said Council may deem it consistent to do so. SEC. 5, That in case of failure on the part of the said Imgen & Sons, or their assigns, to perform any of the conditions and stipula- tions herein required, the Council may, on snch failure beiug made clearly to appear, repoal this ordinance at any time before the 1st day of January, A. D, 1877. SEC. 6. This ordinance shall be in foree from and after its pas- sage and oue publication in the official papers of the City, at the expense of said Lagen & Sons. City Conneil the right to make all needful and useful regulations eoneerning the running of trains, the speed of the same, and all ether proper police regulatiens. Provided that the rights herein granted to the said Dunleith and Dubuque Bridge Company shall cease and determine as to all streets alleys or other property not actnally occupied by the tracks of said company or selected by said company for track or tracks, to be forthwith constructed within three years from the date of this ordinance. SEC. 2. That it shall be the duty of said Dunleith and Dubuqne Bridge Company, and their assigns, to keep np and maintain in good order and repair all the crossings òf the streets and alleys in said City 01 Dubuque, als,>, to repair and restore to good order and condition any and all sewers, cnrbs or other public improvements, which may be injured, damaged or destroyed in construbting or using said track or tracks. Passed June 7, 1876. AN ORDINANOE Granting the Right of Way to the Dunleith and Dubuque Bridge Company for a railroad across and along certain streets, alleys, levees and public property in the City of Dubuqne, and giving the right to loe~te the westerly end of said bridge on the outer levee. Be it ordained by the City Council of the City of Dubuque: SECTION L That the right of way be and is hereby granted to the Dnnleith aDd Dubuque Bridge company across and along all streots, alleys, levees, public grounds 01' property of the oity of Dnbuque, with the right to lay proper tracks along the same, as are embraced within the following limits, to wit: All streets, alleys, levees pnblic grounds or city property lying east of a line commencing at Railroad avenue on the west side of the alley, between Main and Iowa streets; thenee along the west side of said alley to Jones street; thence northerly along west side pf Iowa street to Second street; thellCe to west side of inner Ìevee; thence along west side of in- ner levee to north side of Sixth street; thence northerly along west side of Jackson street to Ninth street; thence along north side of Ninth street to Washington street; thence aiong west side of Washington street to 18th street; thence easterly to the main channel of the Mississippi river; also the right to abnt the westerly end of said bridge at the outer levee between 6,th and 7th streets, 01' on either of said su'eets; reserving however to the INDEX. PAGE. Assessors-Board ot'....................................................... 32 Board at' Hcalth......................................,........,.............. 35 Blasting -Prohihition ot'................................................. 36 Duhuque JÆmhermsn & Manti.s' .R. R. Co.~Right at' Way,.. 4 Duhuqne, Benevno & Mississippi R. R. Co.......................... 30 Dubuque & Miunesota Railway Co.-Hight at' Way...............17-30 Donleith & Dubnqne Bridge Co.-Right of Way....,............ 38 Dock's-Sectional.......................,................ .................. 17 Eaglo Point Ferry........................................................ 23 [<'ire District-Extension ot',..........,.................................... 32 Hewitt's Sectional Docks................................................ 17 Iowa & Pacific R. R. Co.-Right 01' Way..................,........, 33 Landing-Pnblic.................................................... .......... 16 Licenses................................................................,............... 7 Livery Stahles.................................................................. 7 Lumber Yards-In Fire District..,................................... 11 Nuisances-Prevention ot'................................................ 3 Ordinances-Prosecution nnder........................................ 19 Omnibuses-The Charges 1'01' Conveyance Therein............. 37 Police-Appointment 01:..................................................,.... 34 Public .Landing.............,....................................................... 8-16 Streets and Alleys-Improvement at'.. .............,........................ 12 Sidewalks-Improvement ot'................................................... 12 Taxes-Delinquent, Colleotion.............................................,..... 6 Treasurer-Duty ot'......................................................................... 3-6 Water Works...................,..........................................................24-29 Watchmen-Appointment ot'.................................................... 34 Whart'age.........................................................;........................ ...... 8-16 Wood-Iuspeotion of.....................................,.........................., 8-15 PASSED BY THE ORDINANCES CITY COUNCIL OF THE CITY OF DUBUQUE 1\ SUß8EQUEN" TO MAY 4, 1872. PUBI,IBHED BY ORDER OF CITY COUNCIr" JANUARY 7, 1875. , , I DUBUQUE, IOWA: "W.Y "ERAL" "E'" PR""UG HOnE. ,'" CITY OFFICERS. MAYOR' A. H. PEASLEE. ALDERMaN-FIRS'" WARD' A. A. COPPER. P. LAGAN. SECOND WARD' JOHN LINEHAN. PHILIP PIER. SECOND REVISION OF ORDINANOES. AN ORDINANOE To amend an ordinance to establiRh and regulate Markets, being cbapter 17 of I. he Revised Ordinances. Be it ordained by the City Council qf the City of Dubuque..' . SEorION 1. That it shall be unlawful for any person to have, keep or expose for sale, at the Central Market, or on any stroet, alley or sidewalk, or in any house, store or shop, within the Jimits of the City of Dubuque, any chicken, goose, turkey, duck or other domestic fowl, with the legs of the same tied with a string or cord; and any person found guilty of such offence shall be fined not Joss than one, nor more than fivc dollars. SEC. 2. That it shall be nnlawful for any person to have, keep or expose for sale, at the Central Market, orin any house or shop, er on any street, aUey or sidewalk within tbe 1imits of the City of Dubuque, any sheep; Jamb, calf, hog, pig or other domestic animal, with tho legs of the same tied with a string, cord or rope; and any person who shall be found gnilty of snch offence shall be fined net less than one, nor more than ten dollars. SEO. 3. This ordinance sball be in force from and after its pas- sage and one pnbJication in the official papers ef the City. Passed June 6th, 1871. '1'HIl<D WARD' J. O'HEA CANTILLON. J. WUNDERI,ICH. FOURTH WARD' J.W. PARKER. J. MACLAY. FIFTIT WARD' . A. KAISEr'. GJDO. 1,'mNGI,ITIR. CITY AT1'OI<NEY, T. S. WILSON. "'RRASURn, D. RIORDAN. AUDITOR' JOHN D. JJDNNINGS. RECORDER' C. G. HARGUS. "NGINEER, W. W. KNOWLTON. MARSHAl.' JOHN KIN'rZlNGER. RESOLUTION: AN ORDINANCE A. H. PEASLEE, MAYOR. To amend an ordinance providing for the appointment of an In- spector of Wood, and regulating tho sale of wood for fuel, in the City of Dubuque, pas.ed,May 5th, 1870. ' Be it ordained by tlte City Council of the City of Dubuque: SEOTION 1. That section 10 of the above named ordinance be and thesam'e is hereby repealod, and that the fcllcwing be and is hereby snbstituted in its place and stead, as section 10 thereof: SEC. 10. That Eighth street, between Clay ~nd White streets, and White street between Sevenfh and Eighth stroets, are hereby set apart and established as a wood markct tar tho City of .Du- buqne, and the Inspector of Wood is 'hereby required to attend the same dnring business hours in the winter season, and measure and inspect all wocd that may bo presented for measurement and inspection. BE 1'" RESOLVED RY THE CITY COUNCIL OF THE CITY OF DUBUQUE' That tho following shall constitute and be denominated the" Socond Ro- vision of Ordinances of the Oily of Dubuque," and shall be published in, book form, with index as provided for in Section 8 of the Oity Charter, aRd from and after sRoh publication, shall bo in force, and shall be received with- out further proof, as presnmptive evidence of such ordinauces. of, ,:'g¡S?;cl~~:dUl~':~:'~~~kt ~~~~~i~~~:dg¡~:r~\{':~i~~~nÖ~'~i~lraR~~;8 ;~e[:~ g~'ain~u~:,b~l~~~' åi;/'~ftt~lb~,~~'e,~e~h~ln::e~e~~;;:ie~,S;~O¡a~ ;;e;~~~~o~: ~ ~ i:, 'd ~; t:~ ~'~;h ~~ 811 ~ ~ ill: ~ I' ~ ~ ~ ~8';, ~ ~ ~ J ~ ':,~! e ;~~~,i \~ ~ ~it i, ~ ~ d~ tK; c ~ f~:iJ ,a~;i~: erued under the same, 8h"U 110 released, discharged, annuUed, repoaled, 01' in any wise affected, but may be prosecnted, recovered, or enjoyed, 0" any snit or other proceedin, be commenced 01' comp1etcd thereon as Mly, and in the same manner iu an respects as if such ordiuance, or part thereof, had remained in fnl! foree. Adopted January 7, 1875. ATTEST' C. G. HARGUS, RECORDER. 44 ORDINANOES SEC. 2. That this ordinance shall be in forGo from and after its passage and publication in the official papers of the city. Passed Juno 6th, 1872. AN ORDINANCE To amend section two of an ordinance entitled an ordinance to license, tax and regulate the keeping of dogs, being chapter 48 of revised ordinances. Be it ordained by the City Council of the City of Dubuquè: That section two of'the above named ordinance be amended so as to read as follows: SEC1'lON 2. If any person shall refuse or neglect to obtain a li- cense, as provided by seetion 1 of said ordinance, any dog 01' bitch owned or harbored by such ~erson shall be considered a puulic nuisance, and it shall be lawCul for the City Marshal or any person authorized by him, to capture such dog or bitch and keep the same in a pound to be provided by sald Marshal, and any person owning such dog or bitch may release the same within three days from the time of capture, on paying to said Marshal the snm of three dollars; and all dogs or bitches captured and not released as afore. said within three days, shall be destroyed by said Marshal. This ordinance shall he in force from and after its passage and one publication in the official papers of the city. PasscdJuly 18th, 1872. AN ORDINANCE To amend sectIon 1 of chapter 23 of the Revised, Ordinanees be- ing an ordinance in relation to Licenses. Be it ordained by the City Council of the Oity of Dubuque: 'rhat section 1 of chapter 23 of the revised ordinances be and is hereuy amendèd.by adding thereto, at the end thereof, the follow- ing, viz: But if such licenses be issued subsequent to tbe 1st day of April; aod the amount paid therefor would, if paid on that day, have en- titled the holder to its benefits for one year, then on its renewal on the 1st day of April next after its issue the holder will be en- titled to a credit on the renewed licenses for the time between the date of the expired licenses and the 1st of April next after its iSBne. Passed August 1st, 1872. , AN ORDINANCE To pl'ovide for the Collection of Special Taxes and Assessments heretofore levied on Real Estate, in the City of Dubnque. OITY 0]' DlIBlIQlTE. 45 Whel'eas, Special Taxes and Assossments heretofore levied by the City Council, of the City of Dubuque, on real estate in said City, to pay for improvements of streets, and alleys, and oonstrno- tion of side walks, and filling lots, to prevent stagnant water there- on, in many cases l'emaining nnpaid, and the process of collection by suit at law is slow and expensive: Thel'efol'e, be 'it ol'dained by the City Council of the City of 1)ubuque: SEC. 1. That all suits oflaw brought by said City for the 001- leotion of special taxes and assessments, be and are hereby dis missed. And it shall be, and is hereby, made lawful for the Treas- urer of said City to proceed to collect all special taxes and assess- ments heretofore levied by saId City Council, on any real estate in said City, for the improvement of any street or alley, or the con- struotion pf any sidewalk, or the filling of any lot, tò prevent stag- nant water thereon, by sale of the real estate, on which any speci- al tax or assessment may have been levIed, in the manner provided by an ordinance passed by the City Connoil, of'said City, on the 11th day of Augnst, A. D, 1870, entitled an "Ordinanoe to provide for improving streets, alleys and publie landings and sidewalks in the City of Dnbnque," which is hereby incorporated into, and made part of this ordinance. SEO. 2. That all notiees given, sales made, oertifieates and deeds executed and delivered, and other proceedings had by said Treas- urer, shall bave the same validity, force and effeet, as if such im- provements were made, and suòh special tax or assessments levied under the said ordinance of Augnst 11th, 1870, and every purchas- er at such sale, and every owner of property sold, shall have and enjoy the same right,s as are conferred by said ordinance of Augnst 11th, 1870. SEO. 3. That all ordinances of said City, so far as are in oon- fliot'wlth the provisions of this ordinanee, be and the same are hereby snspended, and this ordinance shall be in force from and after its passage and one pnblioation in the official papers of the City. Passed August 1st, 1872. AN ORDINANCE Relating to Real Property Wrongfully sold for Taxes. Be it ordained by tl¡¿ City CJUl1c!i of the City of Dubuque: SEC. 1. That, when by mistake, 01' wrongfnl act of' the Treas- urer and Collector, real property has heretof'ore beon sold or shall hereafter be sold for delinqnout taxes, which was not liable to bo sold, or on which at the time of sale no tax was dne and delin- 46 ORDlNANOJ'S quent, or whenever real property has been or shall be sold, and error made in describing sach rcal property in the certificate, or receipt issned to the purchaser, the City shall refand to the pur- chaser the amount wrongfully collected of him together with ten per cent. interest per annum, from date of payment to date ef refunding. Passed Augnst 1st, 1872. AN OHDINANOE To change tho width of Sidewalks on parts of Grove and Pearl streets, in the City 'of Dubuqne. Be it ordained by the City Council of the City of Dubuque: SECTION 1. That the sidewalks on j,he easterly side of Pearl street, from the point where the north line of 12th street extended westerly intersects the easterly side of Pearl street, northerly te Grove street; and the sidewalk on both sides of Grove street from its intersectiou with Pearl S1;reet to its northerly terminns, be and are herehy established of tbe width of eight feet. SEO. 2. This ordinanee shall be iu force from and after its pas- sage and pnblieation in the official papers of the City. Passed Septemb'er 5th, 1872. AN OHDINANOE To prevent unlawful interference with the Oars, Switches and oth- er property of Railroad Companies, in the City of Dnbuque: Be it O1'dained by the City Council of the Oity of Dubuque: SECTION 1., That any person not authorized so to do, who shall meddle with, or in any manner interfere with any Railroad Switch, Oar or other property, of any Railroad Company in said City, shall be subject to a fine of not less thau five nor more than fifty dollars. SEO. 2. That any person not an employce of snch Company, or an officer of the law, who shall at any plaeein said City, other than the established Depots, get on or off any Engine, or Oar of any Railroad Company, in said City, whilst sueh Engine or O~r is in motion, or at any plaee in said City, get on any Engine or Oar of any Railroad Company without the consent, expressed or im- plied of the person in charge of such Engine or Oar, shall be sub- ject to a fiue of not less than one nor more thau twenty dollars. SEC. 3, The Mayor of said City may appoiut as special police, mau for said City, (witbout pay) auy watchman employed by any Hailroad Company in said City; and snch watchmau after being first duly sworn in by the Mayor, shall have fnll power and author- cÌ'ry P]' DUBUQUE. 47 ity, with or without a warrant, to arrest aed bring before the pro- pcr tribuual any person found viclating any provision of this or, dinance. SEo.4. This ordinance sball be in force from and atter its pas- sage and one publication in the official papers of the City. Passed September 5th, 1872. AN ORDINANOE . To Hegalate and Provide for the Dress to be Worn by the Membe,rs of tho Police F'orcc, in the City of Dubuque. Be it ordained by the Oity Council of the City of Dubuque: That the dress to be worn by the mcmbers of tbe police force of the City ofDubnqne, shall be as follows, viz: SEOTION 1. The full dress for all mcmbers of the Dubuq,lO City Police, for wintm' wear, shall be of navy bluc cloth, purc indigo dyed, and all wool. DRESS OOA'r SEC. 2. Marshal-Shall be a dcuble brcasted frock, buttoning close up nnder the cbiu ; the waist to extcnd to the top of the hip and the skirt to extend from two-thirds to three quarters of the distance from the articnlation of the bip joint to the bend of the knee; two rows of gold gilt police buttons on the brcast, sevcn in each row, placcd in cqual distance, tho distance bctween each row to be five and one-half incbcs at the top and three and one,half inches at the bottom; rolling ccllar of blue black silk velvet, to rise no higher than to permit the chin to turn freely over it; cuffs three and one-hall icches decp, and to button with thrce small gold-gilt policc buttcns at the under seam; one pocket on each in- side breast, and onc pockot in each skirt behind, and one button at the hip ranging with the lowest brcast button, and one at the end of each pocket, makinr; four bnttons on the back and skirt; the body to be well waddcd, and the bcdy and skirts t.o be lincd with black Italian cloth, and the slecves with light colorcd silesia. SEa. 3. For Oaptaius and Deputy M,arshal. the samc as for the Marshal. SEC. 4. Patrolmen and all other members of the force, the samc as for the Captains, except it shall he single hreasted, with one row of buttons on the breast, placed at cqual distances; the collar wiU be of tho samc material as the coat, tbc sleeves will be made with, out cnffs, and no bnttons will be worn on the seam. PANTALOONS. SEa. 5. The pantaloons shall bc made for all members of the forcc alike, and plain, with one hip pocket in addition to the ordi- nary pockets. VEST. SEC. 6. The vest shall bo made .like for all members of the force; single breasted, buttoning high in the neck, with standing collar, and eight small buttons placed at eqnal distances. . NECK TIE. SEC. 7. All members, of the force shall wear black Bilk ties. OAPS. SEO. 8. Same as used by Chicago City Police, Philadelphia pat, tern, fcr allmembcrs except Marshal, Deputy and Captain, which shall be distingnishod frem the others by bands of gilt 'lace five, sixteenth, of an inch wide at the base. eVEROOAT. SEO. 9. For Marshal-Shall be deublo breasted, buttoning close np nnder the chin, with turn-over coUar of blue black silk velvet, the waist shall exteud to oue inch below the top of the hip, a,ud the skirt to three inchcs below the bend of the knee, and all edges shall be swell, and stitched one,forth of an inch from tbe edge: there shall be two rows of gold gilt, police bnttons on thc broast, five in each row, placed at cqnal distances, the distance between each row to be six inches at tho top and, fonr inches at tbe bot- tom; four buttons on the bacl<: and skirts, the two npper ones to range with the two lowest buttons on the breast, and' the two lower ones at the end on each pocket, and two small gold gilt po- lice buttons on the under seam of each cnff; thcrc shall be a buck- skin lined pistol pocket on inside left breast, an ordinary pocket on inside right breast, and one pocket behind in each skirt; the body ot'the overcoat shall be well wadded, and the body and skirt lined with a light weight dark colored kersoymere 01' its equivalent, and the sleeves lined with heavy light colored silesia. SEo.10. For patrolmen and all other members of the fO1'ce, the same as for the Marshal, exeept the collar shall be of same material as the coat, and there will be no buttons worn on the uuder seam of the cuffs. SEc.,ll. The full dress for all members of the Dubuqne City Police, for snmmer wear, shall be navy blne blousing, pure indigo dyed, aud all wool. . COAT. SEO. 12. For tho Marshal, Deputy Marshal and Captains, shall be a single-breasted sack, buttoning close np under the chin, with turn over collar of' blue-black silk velvet, and one pocket on the inside left breast. The sack shall extond one-half of tho distance from the articulation of the hip joint to the bend of the knee, and shall have fonr gold gilt police buttons on the breast, placed at 48 ORDINANOES CITY OF DUBUQUE. 49 equal distances, and three small gold gilt police buttons on the nn- der seam of each cuff. The body of the sack shall be lined with black Italian cloth aud the sleeves with light colored silesia, and shall be made withont wadding. SEC. 13. For the patrelmen and all other members of the force, the same as for the Marshal, except the collar will be of the same material as the coat and there will be no buttons worn on the nn- del' seam of the mIffs. PANTAMONS AND VESTS. SEC. 14. For all members of the foree alike, and to correspond in style and pattern with those prescribed for winter wear, except the Marshal and Captains may wear a vest of white linen. NECK i'IE. SEC. 15. For all members of the force the same as prescribed for winter wear. rNSIGNIA AND MANUAL. SEC. 16. The star, buttons and book of rnles and regulations clnb and belt, will be furnished by the City, at the office of the Marshal, to all members of' the force, free of cost, to remain the property of the City and to be retnrned to the office of the Mar- shall at once, whenever auy member shall sever his connection with the force, in as good condition, natnral wear and tear excep- ted, as when rcceived; and all memhers of the force will be re- quired to pay for the loss or damage to same, which may arise from their own wilf'nlness or neglect. THE WEARfNG OF UNIFORM, INSIGNIA AND EQUIPMENTS. SEO. 17. All members of the foree will wear the prescribed nni- form at all times when ou duty, or when appearing in pnblic, nn- less espeeially autherized by the Marshal to appear in citizen's dress, and when on duty the coat shall always be bnttoned. SEd. 18. The prescribed belt, club and star, will always be worn when on duty, bnt at no other time: and the star will always be carried abont the person when off duty. SEC. 19. The star will be worn ontside on the left breast, and the belt outside also, with the clnb in the frog. SEo.20. No member of the force will be required to wear the club and belt while in the performance of' office duty. SEC. 21. All members of the force will be required to keep their persons and nniforms in a strictly neat condition, and their uniforms and equipments in perfect order and repair. SEC. 22. The time for cllOnging from winter to summer dress, and vice versa, will be designated by the Marshal. SE". .23. All members of the force will be reqnired to have 7 i'~ I, RI' , 50 . ORDINANCES their clothing modo by the tailor selected by the Committee on Poliee, the price of whieh having first boen made a snbjeet of com- petition will be designated by the Committee, and of cloth selec- ted, alse the material for all suits selected by the same. SEC. 24. All members shall be required te pay 101' their nni- ferms. SEC. 25. This ordinance shall take effect and be in force from and after its passage and one pnblication in the official paper of the City. Passed February 6th, 1873. AN ORDINANCE To amend chapter 23 of the Revised Ordinances (being an ordi- nance in relation to license) so far as the same relates to ped- dlers. Be it ordained by the City Council of the City of Dubuque: SEC.1. That nO person shall, within the limits of 1, he City of Dnbuque, hawk or peddle auy goeds, wares, merchandise, books or other articles, or canv.,"S for orders for any such articles to be thereafter delivered at retail, without a license for such purpose, under a penalty of not less than five, nor more than, twenty dol- lars. The selling, offering for sa]e or soliciting orders for present or future sale or present or future delivery of any sueh articles, by any person remaining transiently in the City, for the purpose aforesaid, whether in any temporary place of business or other- wise, shall be deemed a violation of this ordinance. License for this purpose above stated may be authorized by the Mayor who shaH at his discretion fix the sum to be paid therefor and its dnration. ' SEC. 2. That so mnch of chapter 23 of tho revised ordinances a8 relates to peddlers, be and is hereby ropealed; and this ordi- nance shall be in force from and after its publication in the offi- Dial paper of the City. Passed March 6th, 1873. AN ORDINANCE To establish Water Rates for the Dubuque Water Company. Be it ordained by the Gtty C"uno" uf the Cild "f ])lIn1l1"0' SEC.1. That the Dubuque Water Company, the representative of t.ho rights conferred on S. Chamberlain and others by an ordi- nanoe of this City, passed December "ell, 1870, DO "nd is horco)' anthorized to charge for private nse of water in the City, acoord- Cl'l'Y OF DUBUQUE. ing to the following schednle of rates instead of the rates fixed by that ordinance viz: Banks, per annnm $10 to $15 00 Bakeries, pel' annum 10 to 15 00 BarberShops, per annnm, 1 chair 8 00 " " "each additional ohair 3 00 Bath Honses, per annum; pel'tub 10 to 15 00 Blacksmiths, each fire, per annum 3 00 Building pnrposes, per 1000 brick 10 " " stone, per perch 10 Plastering, pel' 100 yards - 40 Breweries, Distileries, Fonndries, &c: Daily less than 1000 gallons, per gallon - 05 Daily from 1000 to 5000 gallons, per 100 gallons - 04 Daily over 5000 and under 10,000, per 100 gallons 03 Daily over 10,000, per 100 gallons 02 Hotels and boarding houses - For each sleeping room 1 to 1 50 Dwelling liouses not exceeding six rooms, per annum 800 Dwelling Honses, each additional room, per annum 1 00 Offices, each, per annum 5 00 Printing offices, engine extra - 10 to 20 00 Saloons, groceries and eating houses 15 to 20 00 Stables, livery, per stall np to six per annum 300 Stables, livery, each additional stall, per annum 2 50 Stablos, private, per stall 3 00 Steam engine, per horse power, or assessed - 3 tò 5 00 Stores, dry goods, hardware, boots and shoes, books, eto., twenty feet front - 8 00 Dry goods, hardware, hoots an,l shoes, beoks, etc., twenty to thirty feet front 10 00 Sprinkling lot np to fifty feet front., per tap 2 to 5 00 Sprinkling lot from 50 to 100 feet front, per tap 4 to 6 00 Fountains, private 5 to 25 00 SEC. 2. Th,is ordinance shall take effect from and after its pas. sage and pnblication in the official papers of the City. Passed March 28, 1873. AN ORDINANCE R,egulating Haok and Omnihus Drivers and Express Men and Bunners tor .t!oteIB. Be it ordained by the City Council of the City of Dubuque: SEC. 1. That from and after the taking effect of thi, ot'llio"T\Cc, it shall' be nnlawful for any drivel' of any huck, OlJllJiUU' 01 ex 51 52 ORJ)INANCES press wagon, or any rnnner for any hack, omnibns or hotel, to solicit passengers at any railroad depot or steamboat landing, withont having a badge of metal on the right breast of the onter coat, '01' on the band of the hat or cap. SEC. 2. The badge worD by hotel rnnners shall bear the name of the hotel for which they are soliciting custom. That worn by omnibus drivers or rnnners the word "Omnibus." That worn by hack or expressmen, the word "Hack" or "Express," together with the number of the hack or express wagon. S~c. 3. Any person violating the prcvisions of this ordinance, shall on conviction, he fined not less thnn oue, nor more than five dollars. SEC. 4. This ordinance shall be in force from and after its pnh- lication in the official papers of the City. Passed Jnne 5th, 1873, AN ORDINANCE 'fo Establish the Width of Sidewalks on Chestnnt Street: Be it ordained by the City Council of the City of DUbuque: SEC. 1. That the sidewalks on both sides of Chestnnt street, in the City of Dnbnqne be established eight feet wide. SEC. 2. All ordinances and parts of ordiuanees inconsistant with this ordinanee are hereby repealed so far as they apply to Chestnnt street. SEC. 3. This ordinanee shall be in foree from and after its pas- sage ",nd pnblieation in the offieial papers of the City. Passed Jnne Mh, 1873. AN ORDINANCE To Regnlate the Sale of Liqnors. Be it ordained by the City Council of the Oityof Dubuque: SEC. 1, No person shall, within the City ofDnbnqne, by himself, his agent, servant, or clerk, (except for purpose pnrely medicinal or saeramental) barter, sell, exehange, deliver or otherwise dispose of I' Dr money, ¡¡;ain, or anything or'vaine, any vinous, spiritons mixed, malt or other intoxicating liquor whatever, in any manner, unless dnly authorized by a license, nnder a penalty of ten dollars for each offence. SEC. 2. For each license to sell liquor there shall be ,taxed and collected by the City the sum of one hnndred dollars; and such license when procured shall protect the holder thereof from pro- secution by any City officer under the law. of the state for the offence of selling intoxicating liquors. CI1.'Y OF DUBUQUE. 53 SEC. 3. No persou licensed under tho provisions hereof, shall by himself, his servant, or clerk, suffer or permit any person to drink to excess or drunkenncss in his promises, nnder a ponalty of not les8 than five dollars for each offence. . SEC. 4. No person licensed nnder the provisions hereof shall keep open, or snffer to be kept open, his place of business at a later hour than eleven o'clock p. m., except on Saturday night, when the same may be kcpt open one hour later; nor shall aDY person with intent to avoid the provision hereof, open his said place of bDsiness earlier than day light of each morning, under a penalty of not less than five, nor more than twenty dollars. SEO. 5. No person licensed under the provisions hereof, shall in any manner sell, give or deliver any intoxicating or malt liquor or beverage whatever, to any minor or any intoxicated per- son: nor snffer any miner or intoxicated person to remain or loiter in or about his premises nnder a penalty of not less than five dollars. SEc.6 No person licensed under the provisions hcreof, shall sell, give or deliver any intoxicating liquor to any habitually intoxi- cated person, after being notified by the husband, wife, parent, or other relation, of snch person, that he or she is an babitually intox- icated person, and requesting such person not to givc, sell or deliver him or her any liquor or beverage under a penalty of five dollars for each offenoe. SEe, 7. No person licensed under the provisious hereof shall su( fer any loud or boisterous talking, or obscene or profane language, quarreling, singing, fighting or other di,'tnrbance in or about his place of business to the annoyance or disturbance of persons passing along any street or public place in the vicinity, or to the distnrbance of the peace aud quiet of persons doing business or residing in the neighborhood, under a penalty of not less than five do]]ars for each offence. SEc.8. If any person licensed as aforesaid, shall violate any of the provisions of sections one to eight hereof, the City Marshal, or any policeman, may enter and close biB place of business, and may take possesion of the keys aud fastenings thereof; and shall have power to turn out all persons found therein not belonging to the premises. SEC. 9. Every person licensed to soil liquor under the provi- sions of this chapter, shall keep the license grauted to him framed and posted in some conspicnous position in his place of bnsiness, under, a penalty of five dollars for each day's failnre so to do. SEO. 10. Sections one to eight, inclusive, in relation to Saloon 54 ORDINANCES Licenses of Chapter 23, of the revised ordinances are hereby repealed. SEC. 11. This ordinance shall be in force from and aftcr its publication in the official paper of the City.' Passed May 1st, 1873. AN ORDINANOE To change the name of W~lnut Street, from Grove Street, west to Prairie Street. Be it ordained by the City Council ~f the City of Dubuque: SEOTION.1. That a certain street in said City, which com- mences at Grove street running west to Prairie street, noW and heretofl"e known and designated as W alnnt streot, shall horeafter be known and designated as Arlington stroet, and its name shall be, and is changed accordingly. SEC. 2. All ordinances and parts ofor>Jinances heretofore passed and conflicting with tho provisions of this ordinance are hereby repealed. SEC. 3. This ordinance shall be in force from and after' its pas- sage and publication iu the official papors of the City. Passed July 3rd, 1873. AN ORDINANOE Authorizing the Sale of' Lands aud Towu Lots for Taxes in cer- tain cases, for an amount less than tho taxes, interest and cost due thoreon. Be it ordained by the City Council of the City of Dubuque: SEc.1 'rhat it shall be the duty of the City Treasurer, at the next regular sale for taxes, or at any adjourned sale thereafter, to offer and sell at public sale to the highest bidder therefor, all lauds and town lots which thon remain liable for sale for delinquent taxes, aud which have heretofore been offered at public salo and passed for want of bidders, for three or more years, which sale shall be in full for all taxos and special asBessmeut,. before the day of such sale levied on said lands and town lots. SEC. 2. That iu ascertainiag the interest and penalties to be paid upon the redemption of such real estate from such sale, the sum paid for any such pieee or parco! of real estate sold nuder and by virtue of the provisions of tbis ordinanco, shall be taken to be the full amount of taxes, special assessments, interest and costs due on such parcel at the time of such sale, and all the provisions of the ordinance noW in force not inconsistent with this ordinance, shall CITY OF DUBUQTTE. 55 apply to such salo, and to the redemption of any real cstate sold by virtuo of' the provisions of this ordiuanee. SEC. 3. The amount of taxes due on any real estate sold under the provisions of this act in excess of tho amonnt for wbich th" same was sold, shall be credited as unavailable tax to the City Treasnrer by the City Auditor. SEC. 4. This ordmanee shall be in force from and after its pub- lication in the official papers of the City. Passed July 3d, 1873. AN ORDINANOE Granting unto William W. Woodworth the right to erect an arch over a portion of tho Alley between Main and Iowa Stroets, and Vacating a portion of said Alley. Be it ordained by the City Council of the City of Dubuque: SEC"ION 1. '['hat William W. Woodworth, hiB heirs and assigns, are hereby antborized to bnild, and perpetnuily maintain, an arch over tho alley bot ween Maiu and Iowa stroets, separating City lots five (5) and one hundred and ninety-six (196), for a distance of six- ty (60) feet north from the uorth line of Second streot; the said arch not to be lessthuu eieven (11) feet in height from tbo gra>Je of the al1ey, to tho uuder side of the m'own of tho arch. SEC. 2. That so mnch of the alley between Main and Iowa streets, as is included in a strip sixteen (16) inches iu width along tbe west sido of said alley, rnuning north of its intersection with Second street sixty (60) feet, be and the same is hereby vacated in favor of said Woodworth, his heirs and assigns, for the purpose aforesaid. On condition that said Woodworth construct said areb wi!,bin s'xty days from the passage of this ordinauce, and that he, his hairs or assigns, sball ever hereafter hold said City harmloss from all damages that may arise or be ineurrod by reason of the graut of the privileges hereby made. 'SED. 3. This ordinance shaH be in force from and after its pas- sago and ono pnblieation in tho official papers of tho City. Passed Angust 7th, 1873. AN ORDINANOE To amend Chapter Forty-nine of the Revised Ordinances of' the City of Dubuque. Be it ordained by the City Council of the City of Dubuque: Tbat Obapter Forty-nine of the Reviscd Ordinances be, and the same is hereby,so amended as to read as follows, to. wit: SECTION 1. That any and all Horses, Mares, Mules, Jaeks, Jen- 56 ORDINANOES nies, Hogs, Pigs and Geese, rnnning at large within the limits of the City of Duhuque, are herehy declared to be a' pnblie nnisance, and it shall be the dnty of the City Marshal to procnre aud estab- lish a pound at such place as he may select within the City, and to cause to be taken np and secured thereiu aJl Horses, Mares, Mules, Jacks and J enuies, Hogs and Pigs of auy age or descriptiou, and all Geese, which shall he found ruuuing at large in any of the streets, alleys, puhlic squares, or landings of the City, and any per- son who shall in any manner interfere with said ponnd withont anthority from the Marshal, or shaJl injure, open, break, or de. stroy snch pound, with intent that any animal or animals con- fined therein may be rescued or escape sball, ou conviction, be fined not less than five nor mere than fifty dellars, with costs of prosecntion. ¡¡EO. 2. That any Hogs, Pigs or Geese, taken np and confined in said ponnd, and not claimed by owner thereof in 24 hours, shall be sold at pnhlic auction to the highest bidder for cash, pnblic no, tice of such sale having been given hy written notice posted in throe puhlic places in the City, and any Horse, Mare, Mule, Jack or Jenny, taken np and confined in said pound and not claimed by tho owner within five days, shaJl ho sold at puhlie anction to the highest bidder lor cash, public notico of the time aud place of such sale having been given hy publishing the same for at least five days in the efficial paper ef the City, provided that no sale of any Horse, Mare, Mule, Jack or Jenny shaJl be made beforo the tenth day of the impeunding of sueh animal, and the money arising frem any sl1ch sale snaJl he paid inte the City Treasnry, after deducting therefrom the Marshal's lees with cost of keeping and sale, If the owner or owners ej' any animal inipounded shall claim the same of the Marshal hefore the sale, pay the charges of taking up, keeping and advertising, aud shall prove ownership to tbe satisfaction of the Marshal, such auimal shall be delivered to said owner. Ifin one month after tue sale of any animal as herein provided, any person shall prove ownership to the satisfaction of the Marshal, he shall make a certificate oÏ tbe ~mount paid by him into the City Treasury. from the proceeds of such sale, and on presentation of snch certificate to the Recorder he shall draw an order on the Treas- nry Ïor the amount. SEC. 3. The City Marsbal shall be entitled to demand aud re. eeive the snm of one dollar for each Horse, Mare, Mnle, Jack or Jenny; twenty-five cents for each Hog or Pig; and 10 cents for each Goose taken to said pound, with a reasonable .,sum lor keep' ing, and tweuty-five cents for notices of sale, and ten per cent on CITY OF DUBUQUE. 57 -'~--~- -,-- --~ , ~ tbe proceeds tbereof to be paid hy the owner or deducted Irom tbe proceeds; and shall report once in each month to tbe City Council any proceediugs hy him nnder tbis ordinance. SEC. 4. This Ordinance shall be in lorce from and after its pas- sage and pnblication in the official papers oj' the City. Passed Angust 7th, 1873. AN ORDJNANOE To change the name ofLorimier avenue to that oj' Julien avenue. Re it ordained by the City Council of the City of Dubuque: SEC. 1. That a certaiu street in said City which commeuces at Bluff strect, and running west to the City limits, now known and designated as Lorimier avenue, by virtue of the provisions of Chapter 58 of the revised ordinances, shall hereafter be known and designated as J nlien avcnue, and its name sball be, and is, changed accordingly. SEC. 2. That Chapter 58 of the revised ordinauces and parts of ordinances aud resolutious beretofore passed, which are in couflict with this ordinance are hereby repealed. SEC. 3. This ordinance shall be in force from and after its pub- lication in the official papers of tbe City. Passed Oct. 2d, 1873. AN ORDINANG.E To regnlate the running of Railroad Trains and Engines in the City of Duhuque. lJe it ordained by the City Council of the City of Dubuque: SEO, 1. That no railroad train or eugine, with or without cars attached, shall he run within the limits of tbe City at a greater speed than six miles an bonr. SEe. 2, That the engineer of every engine, while running with. in the City limits, sball cause the hell to be rung constantly while sucb engine is in motion. SEO. 3. That no Railroad Company, nor any officer or employee theroof, shall allow any engine, car or train, to stand on the cross- ing of any street within the City, in such manner as to obstrnct the passage oj'teams, or persons passing ou foot, over sucb railroad track, longer than five minutes at anyone time. SEo.4. That any Engineer or othcr person in charge of an en- gine, who shall violate the 1st or 2ud sections of this ordinance, and any officer, conductor, engineer, agent, or employee of any Railroad Company, wbo shaH vIOlate the tbird section of this or, diuance sball, upon conviction thereof, be' fined not lesB than fiye 8 58 ORDINANO1èS nor more than fifty dollars, and any Railroad Company whose officers, agents, or employees, sball violate the provisions of this ordinance, sball forfeit and pay for oaeh offense a penalty of twenty.five dollars to be recovered before any court baving juris, diction tbereof. 8EC. 5. This ordinanoe sball be in force Ü'om and after its pnb. lication in the official papers of the City. Passed Nov. 6th, 1873. AN û.RDINANCR To regnlate the manner at Changing Grades in the CityofDu. bnqne. Be it ordained by the City Council of the Oity of Dubuque: SECTION 1. That whenever any application is made to the City Council to change any of the established grades of any street, alley, avenuo or highway in the City of Dnbuque, tbe City Council shall, if deemed expedient by them to ebange such grade, by resolution, direct the City ]<]ngineer to prepare from ao actual snrvey a pro. file showing the established grad", and also tbe grade as proposed, and file tbe same with tbe City Recorder. SEa. 2. That as soon as such profile shall be filed in the office of the Recorder, he shall give pnblic notice by an advertisment, for at least five days in the official papers, tbat such proposed change of grade will be considered at the uext meeting of the City Council, whioh shall bo beld not less than fittoen days after the date of the first publication of 8uch notice; and that all persons claiming damages by reason of snch proposed change of grade, mnst file their claim for damages before such meeting, with the City Recorder. SEC. 3. That the City Recorder shall also cause printed or writ. ten copies of such nctice to be served by the Marshal, on the oceu. pant of each bnilding effected by snch proposed change of grade on the line of the street, alley, avenue 01' highway, by leaving such notÍèe at the dwelling or planc of basines8 of such occnpant at least ten days before the meetin~ ofthe City Council. SEC. 4. That the City Council shall, at the next regular meeting which shall be held after the expiration of fifteen days from the first pl1blieation of such notice, if no claims for damages have been filed, proceed to eon sider the change of grade, and to either estab, lish or reject the proposed change, and in case the change be es. tablished, to order the same to be recorded in the grade book, by the City Rngineer, and in case any claims for damages be filed, further action upon such proposed change shall be postponed from CITY OF DUBUQUE. 59 time to time nntil the proceedings for the appraisment of damage8 are had as prescribed in the next section. SEC. 5. In case any claim for damages be filed the Recorder sball forthwith notify the claimant or claimants to appoint an appraise,' of BOtch damages, within ten days from the date of the 8ervice of sneh notice, wbich notice shall be in writing. signed by tbe Recor. der, and shall be served by the Marshal""ho shall serve said no. tiee in the same manner as original notices are served, and forth. with retnrn said notice to tbe Recorder, with his certificate of ser. vice endorsed thereon. In case sneh appraiser be appointed by the owner or owners, the Mayor shall, on the same day, appoint an appraisor on the part of tbe City. In case no appraiser he appointed by the owners of such property, or in case tho appraisers appointed hy tbe owuer and the Mayor respectively shall fail to agree upon the third appraiser, the City Council shall, at the next regular or special session, appoint such appraiser or appraisers a. the case may boo SEC. 6, At the next meeting of the City Council held after tbe appraisment of damages shall be completed and retl1rned to the City Recorder, the same shall bo considered and if sl1ch apprais. ment be annulled, all previons proceedings 8ball be void, and no farther proceedings sball be bad in the matter. B"t if such ap. praisment be confirmed an order of confirmation shall be entered and the City Rngineer sball record the proposed change of grade in tbe grade book, and from and after the recording of said new grade, the same shall be the establisbed grade of said street, aHey, avenue or highway. Upon the entering of the order of eoafirma. tion of snch appraisment the Recorder sball forthwith furnish the Treasurer with a certified copy thereo~ aud the Treasurer shall thereupon set apart the amount of the appraisment of each claim. ant, and keep the same separate in the Treasury to be paid to the person entitled thereto, upon presentation of a receipt duly ex. ecuted, which setting apart of the money in tbe Treasary shall be equivalent to payment. SEC. 7. All claims for damage8 presented under this ordinance shall be in writing, and shall specify the property for which dam. ages aro claimed, and shall also state the name and resideuce of the owner oftbe premises. SEC. 8. This ordiuance sball be in force tram and after the pnb. lication thereof in the official papers of the City. Passed Nov. 6tb, 1873. 60 ORDINANOES A:N ORDINANCE To repeal the License required of Wood Dea)ers. Be it ordained by the City Council of the City of Dubuque: SEO. i. That an ordinance adopted by the City ConnciJ, on the 1Uh day of Angust, A. D. 1870, eotitied an ordinance to amcnd an ordinauce passed the 5th day of May, 1870, entitled an ordinance providing for the appointment of an Inspector of Wood, and reg- nlating the sale of wood for fnel in the City of Dubnqne, be and tbe same is hereby repeaied. 8100. 2. 'This ordinance shall be in force from and after the first day of ApriJ, 1874, and after its publication in the official papers of the City, Passed March 5th, 1874. AN ORDINANCE '.ro provide for the Assessment and 'Collection of Taxes in -the City of Dubuque. ' Be it ordained by the City Council of the City of Dubuque: SEOTION 1. That at the reguiar session of the City Conncn, iu January of each year, said CounoiJ shall appoint a Board of Asses- sors consisting of two competent men, citizens of said City, who shall perform all the dnties prescribed for the City Asse,sors by the iaws and ordinances of said City. Said Assessors shall each give a bond in snch snm' as the Conncil may direct, and take and sub. scribe the oath required of other City officers. SEo.2, Said Conncn may, by resolntion, distribute the dnties and labors of the office among the several appointees in suoh manner as it may think proper, and fix the compensation to be allowed to eaeh. But in the valuation of the property said Assessors shall act as a Board, and make a joint return to the Conncil. SEO, 3. The Auditor shall, on or before the 15th day of Jann- ary, of each year, delivcr to each of said Assessors, a snitable piat òf the City, aud of each addition thereto; and of cach snb-division of any town lot, or mineral iot on which to check each parcel of iand assessed, and snitable books properiy rnled and headed, in which to enter thc following items: 1st. The name of the individual, eorporation, eompany, soci- ety, partnership or firm, to whom any property shall be taxable. 2nd. His or thoir lands by lot or snb-division thereof according to the system of nnmbering or part or sub-division thereof, or township, range, and section, or part of section, and when snch land is not a congressional division or sub,division, town lot or snb- CITY OF DUBUQUE. 61 IIIII1I ,I III division thereof, mineral lot or sub-divi,ion thereof, by some other description suffic,ent to properly identify it. 3rd. Personal property as follows: Number of Oattle, number of Horses, nnmber of Mules, number of Sheep, number of Swine over six months old, number of Carriages, and Vehic!es of auy de- scription, with separate columns for value of each; value of Merch- andise, amonnt of capital employcd in Manufaetures, amounts of Moneys and Credits, amonnt of taxable Furniture, amount of Stock or Shares in any Corporation or Company not required by law to be otherwise listed or taxed; amount of taxable farming nten- sils, or mechanics tools, amount of all other personal property not otherwise enumerated, and the number of polls, and a column for remarks. But no entry shall be made on said books of any animal under the age of one year except as above provided. SEC: 4. Each Assessor shall enter npon the discharge of the duties of his office on the third Monday in J an nary in each year; and shall, with the assistance of each person assessed, or who may be required by law to list property belonging to another, enter in the books furnishcd him for that purpose, the several items speeified in the precediog section, entering the names of the persons assessed in alphabetical order, so far as practicable, hy alloting to eaeh let- ter its requisite nnmber of pages in each of tbe said books. SEC. 5. The Assessors shall list every person in the City, and assess all the property, personal and real therein, exeept such as is hereafter specifically exempted; and any person who shall refuse to assist in making out a list of his property, or of any property which he is by law required to assist in listing, or who shall refuse to, make the oath required by the nèxt section, shall be fined the snm of one hundred dollars, and the Assessor shall assess such person according to the best information he can get. SEC. 6. The Assessor sball administer an oath or affirmation to eaeh person assessed to the effect that he bas given in a full, true and correct inventory of all the taxable property owned by him, and all property which he is reqnired by law to list, to the best of his knowledge and belief; and in case anyone refuses to make such oath or affirmation, the Assessor shall note the fact in the column of remarks opposite such persons name; and should it afterwards appear that such person so refusing has not given a full list of his property, or that which he was by law reqaired to list, any prop- erty so omitted shall be entered on the book of the Assessor at double its ordinary assessable value and taxed accordingly. SEC. 7. All property which is hy law exempt from taxation for State and County purposes shall be omitted from the assessment 62 ORDINANOES herein required. All other property, real or persoual, is subject to taxation in the mauner directed. Ferry franchises for the pur- poses of' this ordinance are considered as real property; Horsos, Cattle, Mules, Asses, Sheop, Swine and Money, whether in possess- on or on do posit, and including bank bills, money, property or la- ibor due, from solvent debtors, on contract or on judgment; mort- gages and other like seeurities, and aecounts bearing interest, and evpry deseription of conveyance of property given or received as security for money loaned or other indebtedness; property sitna- ted in the City bclonging to any Bank or Company incorporated. or otherwise, wbether incorpomted uuder tho laws of this or any othor State, public .tocks or Jouns, household f'urniturc, including gold and silver plate, musical instruments, watches and jewelry, private libraries for their value exceeding three hundred dollars, carriages, threshing machines and every descriptio~ of vehicle, farming utensils, machines, aud machinery, and professional libra- ries for their aggregate value over three hundred dollars; boats and vessels of every description whether registored or licensed, . and whether navigating the waters of this State or not, if owned either wholly or in part by inhabitants of' this Cit,y, to ¡,he amount owned in this City. SEC. 8. The term "credit" as used in this ordinance includes every claim and demand for money, labor or otber valuablo thing, aud every annuity or sum of money rooeivable at stated periods and all money or property of any kind secured by deed, mortgage or otherwise; but pensions of the United States, or any of them, and salaries or paYDJ.ents expected for services to be rendercd, are not included in the above term. SEC. 9. Every inhabitant of this City, of' full age and sound mind, shall assist the Assessor in listing all property subjeot to taxation ,in this City, of' wbich he is the owner, or has the control or management, in the manner bereinafter directcd: the property of a ward is to be listed by his gu~rdian, of a minor, by his fath- er, if' living; if' not by his mother, if living, and if not, by the person having the property in charge; of a married wnman, by herself or husband; of a beneficiary for whom property is held in truBt by the trnsteo; and tbe personal property of a deeedent by tbe exeeutor; of a body corporate, company, society or partner- ship, by its principal acconnting officor, agent or partner. Property undcr mortgage or lease iB to be listed by and taxed to tbe mortga- gor or lessor, unless it be listed by the mortgagee or leBBee. SEC. 10. Commission mercbants, and all persons trading and dealing on commission, and assignces authorizcd to sell, whcn the ~ ~ . .. .~Æ. CITY OF DUBUQUE. owner of the goods does not residc in the City are, for tbe pur- pose of taxation, to be deemed tbe owners of the property iutheir possession, SEC. l1. Any person required to list property belonging to an- other, shall list it separately from his own, giving tho Assesbor the name of the person or cstatcto whom it belongs; hut the undivi- ded property of a person dccoased belonging to bis heirs may be Jisted as belonging to his heirs withont ennmerating tbem. Aùy individnal of a partnersbip is liable for thc taxes dne from the firm. SEC. 12. Lands, lots and other real estate belonging to any railway company, not exclusively used in the operation of its road, and all railway bridges across thc Mississippi river, shall be subject ~o assessment and taxation on tbe same basis as tho property of individuals. All the proporty of any railway company lying witbin this City, whethòr roal or persoual, exe](¡sivcly used in the operation cf such railway, shall be assessed upon the basis of the statement retnrned oach ycar hy the execntive Council, to the Anditor of this County, aod all such railway property shall be tax- able upon such aBsessment at tbe same rates by the same officers and for the same purposo as the property of other individuals within the City. SEC. 13. No real estato used by railway corporations for road beds shall, be inclndcd in the asBessment t,o the owners of the ad- jacent property, bnt all sueh real cstate shall he deemed to be' the property of such companies for the purpose of taxation. Nor shall rcaJ estate occupied for and used aB a public highway or street be aBBesBed and taxed as part of adjaccnt lands, whcncc the same was taken for such public purpose, provided such highway or street be of rccord as having been donated to the public. SEC. 14. All propertx, real and personal, including their fran- chises, owned by telegraph, express and steamboat companies, shall be Jisted, and assessed for taxation, aod shall bo subject to tho Bame levies as the property of individuals. [Section 14 amended by ordinance passed Nov. 2, 1874.] SEC. 15. All taxablo property shall be listed and assessed ,each year in the name of the ownor thereof on the first day of January, SEC. 16. Depreciated bank notes, and stock of corporations and companies, shall te assessed at their cash value; credits shall bo listed at such sum as tbe person listing tbem believcs will be re- ceived or can be col1ected thereon, and annnities at tbe value which the person listing them believes tbem to be worth in mono ey. 63 64 ORDINANCES ---- SEC. 17. In making np the amonnt of money or credits which any person is required to list, or have listed and assessed, he will be entitled to dednet from the gross amount all debts iu good faith owiug by him bnt nO acknowledgment of indebtedness, not foun- ded on actual consideratiou, and no such acknowledgment made for the purpose of being so dedncted, shall be considered a debt, within the intent of this section; aud so mnch only of any liabil- ity of such pcrson as security for another shall be deducted as the person making the list believes he is equitably or legally bonud to pay; and so mnch only as he believes he will be compelied to pay on account cf the inability of tho principal dobtor; and if thore are othor suroties able to contribnte then so much only as he in whose name the list is made will be bonnd to contribnte; bnt no person will be entitled to any dcdnction on account of any obliga- tion of any kind given to any insnrance company for tho premiums of insurancc, nor on acconnt of any nnpaidsnbscription to any institntion, society, corporation or ('ompauy; and no person shall be entitled 1,0 any deduction ou account of any indebtedness con- tracted for the pnrchase of United Slatcs bonds or other nou-taxa- ble property. SEO. 18. Any porson owuiug or having in his possession, or un- der his control, within this City, with anthority to sell the same, any personal property purchased with a view of its being sold at a profit, or which has beeu consigned to him from any place ont of this City, 'to be sold within the samo, shall be held to be a mer- chant for the purpose of this ordinance. Such property shall b,e listed for taxation, and in estimating the value thereof the mer- ehant shall take the average value of such property iu his possess- ion or uuder his controi, daring tho noxt year previouS to the time of assessiug, and if he has not been eugaged in the business so long, he shall take tho average during sueh time as he shall have boou so engaged, and if he bo commencing he shall take the valne of the property at the time of assessiug. SEC. 19 Any person who purehases, receives or holds personal property of any description, for ,the purpose of adding to the value thereqf by any procesS of mannfacturing, packing of meats, rofiu- ing, purifying or by the combination of diffcrcnt materia]s with a view of makiug gain or profit by so doing, and by solliug the same, sball be held 1.0 be a manufacturer for the purposes of this ordi- nanee; and he shall list for taxation the average value of such property in hiB bands, ostimated as dirocted in the preceding sec- tiou; but the value Bhall be ostimatod upon those materials only which,euter into tho eomImsitiou or manufacture. CrTY 0])' )UBUQUE. 65 SEd. 20. Any perBon acting as the ageut of another and having in his poBsession or nnder his coutro] or management any money, notes and credits, or personal property belonging to such other person, with a view to investing or lo..uing, or in ..ny other m[\n- ner us;ng Ihe same for pecuuiary profit, shall be required to list 1,ho same at the real value; aud snoh ageut shall be personally lia- ble for the tax on the same. And if he refuse to render the liBt or to swear to the same, the amount of such money, properlY, notes or credits may be listed and valued aecording to the best kuowledge aud judgment of the aBsessor, subject to tho provisions of seetion six of this ordinanee. SEC. 21. All shares of' the banking a[i80ciations doiu? business, within this City, which are organized within this state, pursuant to the provislOns of the act of Oongrcss to prooure a National Ourreney, seeured by the pledge of United States Stocks, and to provide for the circulation and redemption thereof, held by any porson or body corporate, shaH be iucluded in the valuatiou of the personal property of such person or body corporate in the aBsess- meut of taxes in this Ciioy, whether the holder thereof resides here or not; but not at a greator rate tban is assessed on other moneyed capital, in the hands of individuals. SEC. 22. The prineipal accouuting oftic'er of' each of sueh assO- ciatious, bot ween 1,be first and fifteenth days of Febrnary, of each year, shaH list the shares of such association, ¡;iving the aBsessor the name of c[tOh person ownin/( sbares and the amount owned by each ou the Mst day of January preceding; and for the purpose of securing the collection of taxes assessed upon said shares, each banking assoeiation shall be liable to pay tho same as the agent of each of its f,baroholders under the pr'JVisious of section twenty of this ordioanee, and the association shall retain so mueh of any dividend belonging to any shareholder as shall he necessary to pay any t.,xes levied npon his shares. SEC. 23, If' at any time Congress shaH amend the acts aforesaid, then said Assessors shall assess the shares in any sueh National Bank in such manner as to conform to such amended act of Oon- gress; provided that snch shares shall not be assesscd at a greater rate than is imposed by law on other moneyed capital in the hands of individual~ in this City. SEC. 2,\, The Board of Assessors shall, on or before the first day of Juno, in eaeh year, complete the said assessment book, and so notify the Council. Said book shaH have the several columns of numbers and value eorrectly footed up, aud the amount of per, 9 66 ORDINANOES sonal property assessed to eaeh person carried forward into a eol. umn under the head of total personal property. SEC. 25. When the name of the owner of any real estate is unknown, it shall be lawfnl to assess sneh real estate without con- neeting ther¿with any name; but iuseribing at the head of the page the words "owners unknown." And such property, whether lands or towu lots, or mineral lots, shaIl be listed as near as practi- cable in the order of tbo numhers thereof; and no one deseription shàIl eemprise more than one town lot, or mineral lot, or number of any subdivision thereof, or more than the sixteenth part of a see- tion or other smaIler subdivision of the land according to the gov- ernmcnt surveys; except in cases where the boundaries are so irregular that it cannot be described in tbe usual mauner in aeeord- ance with snch snrveys. . SEC. 26. If' any Assessor shaIl fail er negleet te perform any of the dutiosrequired of him by this ordinanee, at tho time and in the manner specified, he shall be liable to a fine of not less thau tweuty, nor more thau one hundred doIlars, to he recovered in an aetion brought iu the name of tho City, and the jndgment shaIl he against him and his hondsmen. SEC. 27. ~'he City Couneil shall, at the regnlar meeting in June in, eaeh year, appoint a Committee on Assessments, consisting of one Alderman from each ward. Such Committee shaIl constitute a board for the equalization of taxes, aud shall have power to equal- ize the assessmeuts of all tax payers by iucreasing or diminishing the valuation of any kind of property, or the entire assessment of any tax payor', as they may deen just and neeessary for the equita- hIe distribution of the burden of taxation upou all the property of the City; and the Board of Assessors shaIl meet with such Com- mittee. The Anditor shaIl be the Clerk of such Committee, and keep a reeord of their proeeedings. SEC. 28. The Auditor shaIl, upon the receipt of the assessment book, as corrected and approved by the Committee on assessments, give notice in two of tbe newspapers of the City having the lar- gest circulation within the City, that the said book is ready for the inBpection of tax payers, and will continue so to be until the first regular meeting of the City Council in August, when any person feeling aggrieved by the assessment of his or her real estate, or personal property may appeal to the Council for corree, tion: provided, that if the Assessors should not return the assess- ment book at the time required by this ordinance, the Council may, by resolution, extend the time for appeals until the expiration of one month from the date of such return. CITY OF DUBUQUE. 67 SEC. 29. Any person considering himself aggrieved by the ac- tion of the Board of Assessors may appeal thercfrom to the Œty Council; and any tax payer of the Œty may appeal from the assessment made by the Board of Assessors against any other tax payer to the Œty Conncil on the ground that sncb assessmeut is too low. All such appeals shall stand referrod without action of the Council to the Committee on Assossments who shall hear such appeal, and report their proçeedings to the Couucil with snch re- commendations as shall seem proper; and the action of the Œty Council in tho premises shall be final. Provided, that no assess- went of moneys and credits, or other personal property, shall be raised on such appeal until after notice shall have been given to the person assessed, and he shall have had opportunity to be heard in regard thereto. SEa. 30, The Œty Council shall, at the first regular meetiug in January, in eaeh year, fix the limits of the benefits or protection of the water works, which shall be done by resolution defining the same. SEC. 31. At the first regular meeting in Septembcr, in each yoar, the City Council shall levy the reqnisite tax for the ourreut year, which shall be done by resolution, specifying the per ceutage of tax to be raised for current expenses of the Œty, and also the per oentage of tax to he raised for the purpose of paying the dcbts of the Œ;,y. They shall .lso at the same time, and in the same man- ner, levy a tax upon the property within' the limits of the proteo- tion or benefits of the water works sufficient to payoff the water rents due the Dubuque Water Company nndcr their contract with the Œty. SEC. 32. After having made the corrections determined by the Council, the Auditor shall forthwith proceed to transcribe such assessment book, and complete the tax list by carrying out in sep- arate columus the different taxes levied by the Conncil, carryiug out separately the tax on personal property, and on each piece of real property, and footing up the total tax of each person, firm or corporation. He shall complete such book on or before the first day of November. SEC, 33. The Auditor, after completing said tax book, shall enter upon the same a warrant to the Treasurer, which shall bo subscribed by the Mayor, and attested by the Reoorder, with the seal of the Œty affixed thereto, and deliver the same to the Treas. urer, taking his reeeipt therefor; and snoh list shall bo full and sufficient authority for the Treasurer to collect the taxes therein levied, But no informality therein, nor the want of any of the 68 O¡¡DINANdES signatures of either of the officers abovo mentioned, nor failure to ' affix the' seal of the City, and no delay in dolivoring the tax list after the term above opacified, shaU affect the validity of any taxes, or sales, 01' othcr proceedings for the collection of taxes - under this ordinance. SEO. 34. 'the Auditor may correct any clerical 01'1'01' in tho as~ sessment or tax hook, and shall make auy correctiou therein when dIrected by the City Council; and when any such correction affect. ing the amount of tax is made, after the books shaU have passed into tbe hands of the 'l'reasnrer, he shall charge the Treasurer with all sums added to the several taxes, and credit him with all deductions thorefrom and report the same to the Counci1. SEa. 35. The Auditor, when making np the tax Book of the City, and before said book is placed in tho hauds of the City Trea- surer for colleetion of the, taxes therein, sball designate each piece or parcol of real estate sold for taxcs, and not redecmcd, by wri- ting in a plain manner opposite to each such piece, the word "sold." SEC. 36. The Treasurer shall, upon receipt of tho tax book, give notice in the papers of the City, continuod for ono month, that he is prepared to receive the taxes, and that all persons paying their taxes beforo the first day of January next following the lovy of sucb tax, shan be entitled to a reduction of five pel' cent npon the amount oftheir taxos, and all taxes unpaid on tho first day of January shan bo delinquent and shan bear interest from and aftor that date. The Treasurer shall continuo to roceive taxes after they become delinquent, nntil collected by distress and sale, but if they are not paid before the first day of February he shaH collect the same in the manner hereinafter provided. SEC. 37. The Treasurer, on receiving the tax book for each year, shall euter "pan the same in separate columns, opposite each parcel of real property 01' person's name, on which or against whom any tax remains nnpaid, for either of the proceding years, the year or years for whieh such delinqucnt tax 80 remains duo and unpaid; and any salo for the whole or any part of such delinqnent tax, not so entered, shaH be void. SEC. 38. 'rhe Treasurer, after making tho above entry, sbaU proceed to collect the taxes, and the list shall be his authority and justification against any illegality in tho proceodings prior to 1'0- ceiving the list, aud be is also authorized and reqnired to collect, so far as practicable, tho taxos remaining nnpaid on the tax books of previous years. SEC. 39. The Treasurer shall, when any person offers to pay CITY OF DUBUQUE. 69 taxes on any real estate marked "sold," notiíy sueh person that sneh propcrty has been sold for taxes, and inform him for what taxes said property was sold, and at what time said sale was ef- fected. SEC. 40. ~'he Treasnrer shall cortify in writing tbe entire amonnt of taxes and assessmonts due upon any parccl of real estate, and aU sales of tho same for unpaid taxes or assessments shown by tbe books in his office, with the amount required for re- demption from thc same, if still redeemable, wheneycr he shall be requested to do so by any person haYing any interest in said real estate, and bc paid or tendOl'od his fees for such certificate at the rate of fifty conts for the first parcel, and twenty fivo cents for each subsequent parcel. . Each description in tho tax list shall be reckoned a parcel in computing the amonnt of snch foes. SEC. 41. Such certificate, with the Treasurer's receipt showing the payment of all taxos therein specified, and tbe Auditor's certifi- cato of redemption from the tax sales therein mentioned shall be conclusive evidence for a11 purposes, and agaiust all porsons, that the parcel of real estate in said certificato and receipt descri- bed, was at the date thereof, tree and c1ear of all taxes and assess- ments, except sales whereon the time of redemption had already oxpired and the tax purchaser bad received his deed. SEC. 42. For any loss roslliting to the City, 01' to any tax pur- chaRer or tax payer, from an orror in said certificate or receipt, the Treasnror and his sureties shall bo liable on his official bond. SEC. 43. Tho Treasurer shall assoss any subject to taxation which may bave been omitted by Board of Equalization or Auditor, and collect taxes thereon; and in such case he is reqnired to note opposite such assessment the words; "By Troasurer." And the Trousnrer shall forthwith notify the Auditor of such assessment, and the amount thercof; proyiaed that sneh a.sosement shall bo made within two years aftor the tax list shall have been delivered to him for collection, and not aftor- wards. SEC. 44, In all cases whore real property snbject to taxation shall not have boen assossed by the asscssors or other proper officers, tho owner thcreoí; by himself 01' his agent, Bhall have tho same property assessed by the Troasnrer and pay tho taxes thore- on; and no failure of the owner to have such property assessed 01' to have the errors in tho assessmont corrected, and no irregularity, error or omission in the assessment of such pl'oporty, shall affect in any manner tho legality of tbe taxes levied thoreon. SEC, 45. City Warran ts shall be received by tho Treasurer in 70 ORDINANOES fun puyment of an taxes for current City expenses and water rents; bnt money only shall be receivod for the taxes levied for the pnrpose of paying the debts of the City. SEC, 46. No demand of taxes shall be necèssary but it is tho duty of every person snbjcct to taxation to attend at the office of the Treasnrer, nnless otherwise provided, at some time betwoen the second Monday of November and the first day of February, and pay his taxes, and if anyone negloct to pay them before the first day of Febrnary following tho levy of tho tax, the Treasnrer is directed to make the same by distress and sale of his personal property not exempt from taxation, and the tax list alone shan be snfficient warrant for such distress. SEa. 47. When the Treasnrer distrains ,goods he may keep them at the expense of the owner, and shall give notice of the time and place of their sale, within five days after the taking iJ? that manner. Constables are required to give notice of the sale of personal property under execution, and the time of sale shan not be more than twenty days from the day of taking, but he may adjourn the sale from time to time, not excceding five days, and shan adjonrn at least once when there are no bidders, and in' case of adjourn. ment, he shall put up a notice thereof at the place of sale. Any surplus remaining above the taxes, eharges of keeping, and fees for sale, shall be returned to the owner, and the Treasurer shall on demand render an account in writing of the sale and charges. SEC. 48. If the Treasurer be resisted or impeded in the exeou- tion of his office, he may require any suitable porson to assist him thercin; and if such person refuse his aid, he shall be fined not less than ten dollars, and the person resisting shall he liable to a fine of fifty dollars. SEC. 49. On the first day of :February the unpaid taxes, of whatever description, for the preceeding yoar shall become delin- quent, and shall draw interest as hereinafter provided, and taxes upon real property are hereby made a perpetnal lien thereupon against all persons, except the United States and this State, and taxes due from any person npon personal property shan be a lien upon any real properlY owned by such person, or to which he may acquire a title from the time of the levy thereof. SEO. 50. The Treasurer is authorized and directed to collect, the dolinqnent taxes by the sale of any personal property upon whioh the taxes are levied, or any other personal property belonging to the person against whom the taxes are assessed, SEC. 51. The Treasurer shall continue to receive taxes after OITY 0]' DUBUQUE. 71 they become delinquent nntiJ collected by distress and saJe; but if they are not paid before the first day of February, he shall collect, in addition to thc tax of each tax payer so delinquent, as a penalty for non,payment, at tbe rate of ono per cent. a month on tho amount of the tax for the first three months, two per cent. a month thereafter. But the penalty providod by this scction shall not be constrned to apply, and shall not apply, upon taxes levied by order of any court to pay judgments on city indebtedness, and upon such taxcs no other penalty Ihan the interest which such jndgments draw can be collected. SEC. 52. The Treasurer shall, in all cases, make out and deliver to the tax payer a receipt, stating the time of payment" the de- scription aud assessed value of each pareel of land, and tbù asses- sed value of personal property, the amonnt of each kind of tax, the interest on each, and costs, if any, giving a soparate receipt fo< each year, and he shall make the proper entries of such pay- ments on the books of his office. Sneh receipt shall be in fnll of the party's taxes for tbat year, but the Treasurer sh&ll receive the full amount of any tax, whenever tho same is tondered, and give a separate rcceipt therefor. SEC. 53. The Auditor shall keep full and complete accounts with the Treasurer, with each eeparate fund or tax by itself; in each of which accounts he shall charge him with the amounts in his h~nds at the opening of sucb account, whether delinquent taxes, notes, cash, or other assets belonging to such fund, the amonnt of each tax for each year, when the tax book is received by him, and all additions to each tax or fund, whether by additional assessments, interest on delinquent taxes, amount received for licenses or other items, and shall credit the Treasnrer on proper vonchers for money disbursed, for double or erroneons assessments, the correction or remission of wbieh causes a diminution of tbe tax, and for nn- available taxes, or snch as have been prope,']y and legally assessed, but which there is no probpect of collecting. SEC. 54. The Oonncil shall direct the Treasnrer to refund to the tax payer any tax or other portion of a tax found to have been erroneonsly or illegally exacted or paid, with all in'ierest and costs actually paid thereon; and in any caBO any roal property snbject to taxation shall bo sold for the payment of such errouoous tax, in- terest or costs, as abovo mentioned, the 21'1'01' or irrcgularity in the tax may at any time be corrected as above provided, and shall not affect the validity of the saJe, or the right or titlo conveyed by the Treasurer's deed, if the property was subject to taxation for 72 ORDINANOES any of tho purposes for which any part of tho taxos for which the land was sold, was lcvied, and tho taxcs were not paid before the salo, and the property hod Dot boen redeemed from Bale. SEC. 55. Tho Al1ditor shaH, on tho first day In September in each yoar, transmit to the County Auditor of Dubnql1c County, a duly cBrtificd transcript of delinql1cut taxes which shall thcu remain uncollected on the tax books of any previous year. Tho Auditor shall procure fI'om the ~'reasurer of Dubuque County a certified copy of' all tax salos of lands made by him 1'0'1' City taxes, aud kecp tho sarno open to public inspcction in his offioe. SEO. 56, It shall be Lbo duty of tho 'rreasnrcr to demand and eollect from the County '1'rca6nror, on tho first day of cach and every month, all money collected by him on aeconot of City taxes. SEe. 57. In any case that may arise not provided for in this or- dinance the officers in the assessment, levy, and collection of City taxes, and the Bale of real cst ate therefor, and the redcmption of lands sold for taxes, shall bc govcrned by the stat,utc then in force controllitlg the aotior. of County and '1'ownship officers in the levy and collection of County taxeB. SEC. 58, The Board of Assessors provided for in this ordinance shall, fer the year 1874, bo appointed at the first regnlar meeting in April and shall enter npon their dutics within 'ten days there- after. SIOC. 59. This ordinance shall be in force from and after its pnb- lication in the official paper of the City. SEC. 60. All ordinances 01' parts of ordinance8 heretofore passed inconsistent with this ordieance arc hercby repealed. Passed March 10th, 1874. " Seetioll' no 12, 55, 50, ,59, 60 of the above Mdinanee we,," ,'cpcnled by ",'di- nance p"",ed Augn,' 28\,h, and ",tion 12 is ameuded '° as to mqni" special taxes '0 be paid to the CityT"""""". AN ORDINANCE Anthorizin;, J. D. Bush to establish a Market at the 80ntbeast cornel' of Bluff and Eighth Streets in the City of Dubuque. Be it ordained by the City Council of the Oity of Dubuque: SEC'fION 1. That anlhority and permission is hereby granted to .r ohn D. Bush to estahlish, maintain, and kcsp a private Market at the southeast corner of Bluff and Eighth streets in the City of Du- buque Iowa, and that so much of Bluff strcet south of Eighlh, as may be necessary for the UBe of such Market be and is hereby set apart for that pnrposo, aud that an rules and re;,nlatiens made by thé City of Dnbuque for the government of the Central Market 0I1èY OF DUBUQUE. 73 shaH govern said private Market so far as applicable and may be enforced by said Bush and his employees with like anthority and effoct as by the Market Mastel' of the Central Markot at that Mal" keto SEC. 2. This ordinance shall take effect and be in force trom and aftorits passage and publication in the official papers of' the City, at the expense of the pctitioner, and con tinned in forco for tho term of five yoars. Pàssed May 7th, 1874. AN ORDINANCE To provide for improving the Streets, Alleys and Pnblic Landings, and for the construction of Sidewalks and Sewors in the City of' Dubuqne. Be it ordained by the City Council of the City of Dubuque .- SEcTIeN 1. That whenevcr it shall bc dcemed by the City Coun- cil expedient to grade, curb, pave, gravel, macadamize, gutter, or otherwisc improve any street, avenne, alley, or public landing, or any part thereot; or to eonstruct auy sewer, 01' to coostruct or re- pair any sidewalk, the Conncil shall, by resolution order the same to be done'; which resolution shaJI particularly specify the work to be done, and tho street or part of strcet to be impreved; previded, that no street shall be graded exccpt the same be erdered to be doue hy the affirmative vote of two thirds of the City Council. SEC. 2, The resolution ordering any improvement spedficd in the forcgoiog section, cxcepting sidewalks, shall also direct the City Engineer to prepare the propel' plans and specifications for t.he improvement proposed to be made; and said Engineer shaJI forthwith prepare the sarno and snbmit them to the committee of said Conncil on streets, and if the same be approved by said com- mittee they shall be filed in the office of the City Recorder. It shall also be tbe duty of the Engineer to prepare estimates of the cost of the proposed improvement and file the same with the Re- corder for the inspeetion of thè City Council. SEO. 3. That as soon as said plans and said specifications are filed in the office ef the City Recorder he shan, without further order from the Council, give pnblic notice by an advertisement of at least five days in the official paper of the City, that at the uext session of the Conncil bids will be received by the said Conncil for the doing of tho work in accordance with such plans and spe- cifications. SEC. 4. At the meeting of the Conncil at whicb bids are to be received, such bids shall he opened and the contract awarded a. to 10 --~~ 74 ORDINANCBS the Council shall Boem proper; provided, that In all oontracts let for such improvement it shall hc stipnlated that the City shall levy a spocial tax on tho abutting property sufficient to pay for such improvemenl, (excèpting for grading and the construction of sowers, which shall be paid out of the general funds of the City,) and shall proceed to colleet the same in the manner herein pointed ont, and pay the samo over to the contractor as soon as collected, bnt that the contractor shall waive all rcconrse on the City for payment nnder snch contract to the amount of such tax. SEC. 5. That as soon as practicable after the expiration of the time spocified in the contract, within which the improvement is to be completed, tho committee of the Council on streets shall make an examination of tho work, and if tho same be not comploted, or not done in 'he manner provided in the contract, said commit, tee may direct, the Street Commissioner to complete the same in the manner provided in the contract, and the expenses of com- pleting the same shall he deducted from whatover money may be coming to tho contractor under his contract, or said committee may report the case to the City Council for their action; and if said committee find the work completed In accordance with their contract, thcy shall accept the same from the contractor and so report to the City Conncil. SEC. 6. That all sidewalks horeafter paved or repaired shall be Jai~ to the established grade, or, if no grade shall be established, to such temporary gradc as may he given bJ' the City Engineer. Unless otherwise specified in the resolution of the City Council ordsring the same to be laid, they shall be bum of brick, or stone, or plank, at the optiou of the owner in front of whose lot of land such sidewalk shall be laid; If of brick, they shall be mado of good, substantial, hard brick; if of stone, the samo shall not be less than two inches thiek, and dressed square, with hammered or sqnare surface; such brick or stono shall be laid on a bed of sand at least fonr inches thick, even at the top, to be range work, ,with elose joints, full width of sldowalk; when of plank, the same shall be not Jess than two inches thick, 'quare edge, even surface, close- ly jointed, and of good, sound material: and nnless a different width shall be spccified in the rcsolution, shall be laid crosswise with the sidewuJk to fnll width; and all sidewalks laid to full width shall incline to the top of the curhing at the rate of one-half Inch to the foot. SEC. 7. That the tops of all curb stones hereafter set shall cor- respond to the grade of the street, and they shall be set on all streets sixty-four feet wide at a distance of twelve feet from the line CIl'Y OF DUBUQUE. II ,I II 111 ::1' ,,;, 75 of the street, so that the street between the curb stone, shall be forty feet wide, and on all othcr streets the curb stones shull bc set at a distance from the line of the street of one-fifl,h part of the whole width of the street. SEC. 8. That whenever It shall be deemed expedient by the City Conncil to grade, or pave, or repair the sidowalk on auy street, al- ley or avenne, or any part thereof, within the lImits of' said City, said Council shall pass an order to that cffect, which order shall set forth the particular locality where snch grading or paving is required to bo done, and the time allowed for complot.ing the same; and the puhlication of such order in one of the newspapers in the City for one week shall be deemed snfficient notice 10 the owners or holders of lots abutting on any such street, alley or avenne, where snch grading or paving is to be done us thcrein specified. SEO. 9. All such grading, paving and ropairing shail hc in con- formity with the grade of the street, alley or avenue (unless other. wise ordered) and done nnder the direction of' the Marshal or Street Commissioner, and all expense of paving and repairing Of any sidewalk shail be paid hy the owners of thc lots abutting wùere snch grading, paving or repairing is to be done; provided, that the cost of sidewalkA laid to temporary gradc shall not excecd the sum of forty centEl per lineal foot. SEC. 10. If the owner or holder of any lot, or part of lot, shall neglcct to pave or rcpair his sidewalk in conformity with the order of the City Conncil, published as aforesaid, the MarAhlll Ahail con- tract for the same to he done at the expense of' the City and shall make his report of tho oxpcnse thereof to thc City Council, and If the same be approved by said Council they shail forthwith levy a special tax on each lot 01' part of lot abutting on snch improve- ment snfficient to pay the éosts of the improvement mado in front thereof, and shall procecd to collect the Aame In the same manner as is herein provided for the collection of taxes levied for othcr street improvement. The Marshal shail let snch coutract to tae lowest responslhle bidder after advertising for bids for at lcast five days in the officiul paper of the City. SEC. 11. As soon as practicable after the work shall be comp!e, ted and acccpted by the Conncil, they shulllcvy a special tax on thc several lots or parcels of real estate, abutting or adjoining such improvement, snfficient to pay costs and expenses of the same, ex- cepting for gradiug and the constrnction of sewers. Tho resoiution by which such tax shail be levied shall specify thc name of the street, the nnmber of the lots, the amount of taxes levied on each, 76 onDINANCES and the name of the contractor for whose benefit such levy is made. ' S~c. 12. The City Recorder shall, without dclay, after the pas. sagc of the rosolution of the City Conncil levying a tax, make out and doliver to the City Auditor a duly certified copy of such reso, lution, and take his receipt therefor, which he shall file and pre- serve in his office. SEe. 13. The City Auditor, npon reeeiving a certified ccpy cf such resolntion, shall forthwith enter npon the "special assessment be ok" kept by the Trcasurer the special tax so levied by the Oonn- cil and shall charge the Treasurer therewith. Such speeial tax shall be payable by tbe owner or owners of the land at the time of the assessment, personally, and shall be a lien npon the respective lots or parcels of land from the time of the assessment. S~c. 14. It shall be the duty of the Treasnrer forthwith to give notiee by one publieation in the offieial papers of the City that snch tax has been assessed, and that in case of failure to pay the same for ten days, the same wiU be placed in the hands of the City Attorney for colleetion and if sueh tax be net paid before the ex- piration of the ten days frem Ihe date of sneh pnblication, the Treasnrer shall notify the City Attorney that such special tax has not been paid. SEa. 15. It shall bi> the duty of the City Attorney npon receiv. ing such notification from the Treasnrer forthwith to collect snch special assessment and enforce such lien by the appropriate pro. ceeding in law or in equity, either in the name of the City or in the names of the con tractors, and prosecute the same as speedily as po.sible to final determination and to pay over the moneys collec. ted to the City Treasurer. 'SEC. 16. All moneys eolleeted by the Treasurer shall be paid over by him te the parties entitled thereto upon their presenting proper overdues tberefor. SEO. 17. All ordinanees and parts of ordinanees in eonfliet with this ordinaneo are hereby repealed. SEC. 18. This or:linanee shall be in force from and after its pub- lieation in the offieial paper of the City. Passed May 7, 1874. . AN ORDINANCE Granting eertain rights and privileges to L. P. Hough & 00., their assoeiates, sueeessors, or assigns, for the purpose of Ol'eeting a Shingle Mill. Be it ordained by the City Council of the City of Dubuque.. SECTION 1. L. P. Hongh & Co., their assoeiates, sueeessors or CITY OF DUBUQUE. 77 assigns, are hereby permitted to eroct and maintaio a building on the Levee near the north side of Railroad Avenue, in tbis eity, or to buy and to eon vert the so,ealled Reed pullius machine into a shingle mill, with a eapacity of 50 to 75 theusand per day, and for this pnrpose to eccupy and nse a portion of said Levee of the width of 30 feet frem the line oflow water, and the length of 250 feet from tbe north line of Railroad Avenue, fer the term of five years from the passage of this erainanee. SEC. 2. The oeeupaney of the ground aforesaid shall be under the direetion of the Cemmittee en IIarbors, and this grant is made upon the eondition that the said grantees sball, within feur mentbs frem tbis date, erect, maintain and keep in operation sueh shingle mill, and in the event of their failure to do so, the privileges here- by g,'anted, shall cease to exist. SEC. 3. This grant is made suLjeet to all the eonditions, restrie- tions and limitations not hereby superceded, eontained in ehapter 68 ef' the revised erdinances, and in ease the grantees herein fail to keep in operation said shingle mill for a term of more than tbirty days suceessively, during the proper season, tben the right and privileges hereby granted sball revert to the City. SEC. 4. Tbis ordinanee shall take effeet and be in feree frem and after its passage and publication in the efficial papers of the City. Passed May 7, 1874. ¡ I AN ORDINANOE To amend Chapter 23 of the Revised Ordinanees of the City of Dubuqne. Be it ordained by the City Council of the City of Dubuque.. That sectien 2 under the subdivision entitled "Wagons, Drays, &e.," in Chapter 23 of the Revised Ordinanees of the City of Du. buque, be, and the same is, hereby repealed. This ordinanee shall take effeet and be in foree frem and after its passage and one publicatien in any newspaper publisbed in said City. Passed July 2d, 1874. AN ORDINANCE To amend Chapter 23 of tho Revised Ordinances, entitled "An Ordinanee in Relatien to Lieenses." Be it ordained by the City Council of the City of Dubuque: SEC.1. No person shall, witbin the limits of tbe City of Du- buque, keep, own or use any dray, wagon or other vehiele for the 7S ORDINANOES purpose of carrying articles or property for hire or profit from oue place to another, within said City, without a license thcrefor, under a penalty of two dollars for each load or parcol so carried without a license; and for a license for every snch vehicle he shall pay to the City the snm of five dollars for each vehicle drawn by one horse, and ten dollars if by more. SEO. 2. This ordinance is intended to include wagons and other vehicles kept or used by merchauts, lumbermen and other persons, for the delivery, without charge, of articles or property sold by thom, or for the accommodation of their own business, and by hotel keepers for the delivery, whether with or without charge, of the baggage of their guests, but it is not intended to include extra wagons er vehicles for which the owner keeps no teams exclusively. This ordinanee shaH take effect from and after its passage and one publication iu any newspaper published in said City. Passed Jnly 20th, 1874. AN ORDINANOE To amend an ordinance entitled" An Ordinance to provide fOl' the Assessment and Collection of Taxes in the City of Dubuque," passed March 11, 1874. Be it ordained by the City Council of the City of Dubuque: SECTI'ON 1. That section twelve, [12J of an ordinance to provide for the assessment and collection of taxes in the City of Dubuque be, and the same is hereby repealed, and the following is enacted in lieu thereof: SEo.12. Lands, lots, and all real and personal estate belonging to any railway company, and all railroad bridges across the Mis. sissippi river, shall be snbject to assessment and taxation on the same basis as the property of individuals. SEC. 2. That seetions fifty-five, [55J fifty-six, [56J fifty,seven, [57J fifty-eight, [58J fifty-nine, [59J and sixty, [60J be, ànd the same are hereby repealed, and the following sections are enacted as an additional part of said ordinance. SEC. 55. On the first Monday in Octobcr, in each year, the Treasnrer is required to offer at public sale, at his office, all lands, town lots, or other real property, on which taxes of any desorip- tion for the preceeding year or years shall remain due and nnpaid, and such sale shall be madc for and in payment of the total amount of taxes, inter,est and costs, due and nnpaid on snch property. SEC. 56, The notice to be given of such sale shall state the time and place thereof, and contain a dcscription of the several parcels CITY OF DUBUQUE. 79 of rcal property to be sold for the delinqnent taxes of the preceeding year, and such real property as has not been advertised for the taxes of previous years, and on which the taxes remain due ond delinquent; and the amonnt of taxes, and amount of'interest and costs against eaeh tract, and the name of the owner, when known, Or persoo if any, to whom taxed. SEC. 57. The Treasnrer shall give such notice by causing the same to be printed once in each week f'or 'thrcc successive weeks, the last publication to be at least ono week prior to the day of sale, in the official papers of'the city, and also by oausing a copy of eaoh notice to be posted on the door of the City Hall at lcast four weeks before the day of salo. SEC. 58. The Treasnrer shall charge and oollect in addition to the taxes and interest, a sum not exceoding twenty [20J cents on each tract of real estate advertisod for sale, which sum shall be paid into the treasury, aod tho City shall pay the cost of' publica- tiou. But in no case shall the City be liable f'or more than the amount charged to tbe delinquent lands for advertising, aod if the Treasurer cannot procure the publication of said notice for that sum, or if' for any reason, the Treasuror is unable to procure thc publication of said notice, he shall post np written notices of said sale in four of the most pnblic places in the City, four weeks be- fore sale, and notice so given shall have the same force and effect as though the same had beou published in a newspaper. SEC. 59. The Treasurer shall, at hiB office, on the day of sale, at the hour of' 10 o'clock iu the forenoon, offor for sale, separately, each tract or 'parcel cf real property advertised for sale, on which the taxes and costs shall not hav" been paid. SEC. 60. The persou who offers to pay the amount of taxcs due 011 any parcel of land or town lot, for tho smallest portions of the same, is to be considered the pnrchaser; aud whcn such PUI'- cbaser shall designate the portion of any tract of land or town lot, for which he will pay the whole amount of taxes assessed against any such tract or lot, the portion thus dcsignated shall in all cases be ccnsidered an undivided portion. J n all cases where the homestead is listed separately as a homestead it shall bc liable for the taxes thereon. SEC. 61. The Treasurer shall continue the sale from day to day as long as there are bidders, or until the taxes are all paid. SEC, 62. The person purchasing any parcel or part thereof, shall forthwith pay to the Trcasurer the amount of tbe taxes and costs charged thereon; and ou failure to do so, the said parcel shall at once again be offered as if no snch sale had been made. 80 OlIDINANOES Such payments may be made in the samo funds receivable by law in payment of taxes. SEC. 63. Any person owning or claiming lands or town lots, ad- vertised for sale as aforesaid, may pay to tho Treabnrer at any time before the sale thereof, the taxes due thoreon, with interest, cost of advcrtising, and aU the costs which may have accrued up to the time of such paymcnt. SEC. 6"1. In 1111 adve~tiBements for the sale of roal proporty for taxes, and in entries required to be made by the Auditor, Treasu- 1'01', or other official, letters and figures may be used as they have beou heretofore, to denote townships, ranges, Bections, part of sec- tions, lots, blocks, date, and the amount of taxes, interest and costs; and no irregnlarity or informality in the advertiscment shaU affect in any manner the legality of the sale or the title to any real property conveyed by the Trcasurer's doed under this chapter: but in all cases, tbe provisions of this ordiuance shall be sufficient no, tice to owners, of the sale of their property. SEC. 65. The 'freasurer shall ohtain a copy of said advertise, ment, together with a certificate of the due pnblication tbercof, from the printor or publisher 01 the newspaper in which thc samo shaU have been published, and shaU file the same in the office of the Auditor; and such certificate shaU be substantially in the fol- lowing form: "I, A. B" publishor (or printer) of -, a newspaper printed and published in the City and County of Dubuque and State of Iowa, do hereby certify that tho foregoing notice and list were pubHshed in said newspaper once in each weok, for three succos- sive weeks, and the last of which publication waR made on the - day of -, A, D, 18-; and that copies of cach number containing said notice and list were delivered by carriers 01' trans- mUted by mail to each of tho Bubscribers to said paper, according to the accustomed mode of business iu this office. A-B-, Publisher (01' Printer) of the -." STATE OF row A, } Dubuque County. BS. The above certificate of pubHcation waB sub- scribed and sworn to before me by the above named A-B-, who is personally known to me to be tho identical person dc. scribed therein, on the - day of-A. D. 18-. O-D-, City Auditor of the City of Dubnque. SEC. 66, The Anditor shall attend all sales of real property for CITY OF DUBUQUE, 81 taxes, made by TreaBnrer, and mako a record thereof, in a book to be kept by him for that pnrpose; therein describing the several parcels of real property, on which taxes and costs were paid by purchaser, as they are described in the list 01' advertisement, on fìle in his office, stating in separate colnmns tho amonnt as ob- tained from the Treasurer's tax list of each kind of tax, interest and costs, for each tract or lot, how made, and what part of each tract or lot was sold, to whom sold, and date of sale. The Treas- nrer shall also keep a book of sales, in which at the time of sale, he shall make the same records. He shall also note in the tax list, opposite the description ofthe property sold, the fact and date of snch sale. SEO. 67. When all the parcels of real property advertised for sale, shall have been offered, and a portion thereof shall remain ,nnsold for want of bidders, the Treasurer shall adjonrn the sale to some day llOt exceeding two months from the time of adjourn- mont, due notice of which day shall be given at the time of ad- journment, aud also by keepiug a notice thereof posted up in a conspicllOus place in the Treasurer's office. But no further adver- tisement shall be necessary. On the day fixed for the reopening of the sale, tho same proceedings shall be bad as provided hcreby for the sale commencing on the first Monday in October. And fur- ther adjournment shall be made from time to time, not exceeding two months, and the sale shall be thns continned until the next regular annnal sale, or until all the taxes shall have been paid. SEC. 68. If any Treasnrer or Auditor, shall horeafter be, either directly or indil'ectly, concerned in the purchase of any real prop- erty sold for the payment of taxes, he shall be liable to a penalty of not mpre than one hundred dollars, to be recovered in an ac- tion in the District Court, brought in the name of the City against such Treasurer or Anditor, as the case may be, and his bondsmen; and all sucb sales shall be void. SEC. 69. If from neglect of officers to make retnrns, or from auy other canse, real property cannot be duly advertised and of- fered for sale on the first Monday of October, the Treasurer shall make the sale' on the first Monday of the next succeeding month in which it can be made, allowing time for the pnblication as pro- vided in this chapter. SEO. 70,The Tr~asnrer shall make out, sign and deliver to the purchaser of any real property sold for the payment of taxes as aforesaid, a certificate of purchase, describing the property on which the taxes and costs were paid by the purchaser, as the same was desèrIbed in the record of sales; and also how much, and 11 1\ 82 ORDINANOES OITY OF DUBUQUE. 83 what part of each tract or lot was sold, and stating the amonnt of each kind of tax, interest and costs for each tract or lot for which the same was sold, as described in the record of sales; and that payment had been made therefor. If any person shall become the pnrchaser of more than one parcel of property, he may have the whole inclnded in one certificate, bnt each parcel shall be se- parately described. ' SEC. 71. Thc oertificate of pnrchase shall be assignable by en- dorsement, and an assignment thereof shall vest in the assignee, or his legal reþresentative, all the right and title of the original pnrchaser; and the statement in the Treasnrer's deed of the fact of the assignment shall be presnmptive evidence of snch assign- ment. In ease said certificate is assigned, then the assignment of said certificate shall be placed on record Ín the office of the Treas- nrer in the register of tax sales. SEC. 72. The Treasnrer shall also make ont, sign and deliver to the pnrchaser of any real property sold for taxes aforesaid, dnpli- cate receipts fbr any taxes, interest and costs paid by said pnr- chaser after the date of said pnrchase, for any snbseqnent year or years; one of whioh receipts said pnrchaser shall present to the Anditor, to be by him filed in his office, and a memorandnm there- of entered on the register of sales; and if' he neglect to file such duplicate receipt with the Auditor before the redemption, snch tax shall not be a lien on the land, and the person paying such tax shall uot be entitled to recover the same of the owner of snch real estate. SEC. 73. Real property hereafter sold nnder tho provisious of this chapter, may be redeemed at any time before the right of' re- demption is cut off, as hereinafter provIded, by the payment to the Auditor, to be held by him subject to the order of the purchaser of the amonnt for which the same was sold, aud twenty per ceutum of euch 'amount immediately added as a pen- alty, with ten per cent. interest per annum on the wbole amount thus made from the day of sale, and also the amount of all taxes, interest and costs paid for any subsequent year or years; and a similar penalty of twenty per centum added as before on the amount of the payment for each snbsequent year, with ten per cent. interest per annum on the whole of such amount or amounts, from the day or days of' payment, unless sneh subsequent taxes shall have been paid by the person for whose benefit the re- demption is made, which fact may be shown by the Treasurer's receipt; and provided, further, that such penalty for the non-pay- roent of the taxes of any such subsequent year or years shall not attach, unless such snbsequent tax or taxes shall have remained unpaid until the first day of March; after they become due, so that they have become delinquent; nor shall any of sàid penalties apply in the cases in the last clause of section fifty-two (52) of this chapter. SEC. 74. The Auditor shall, upon application of any party to redeem any real property sold under the provisions of this chapter, and being satisfied that such party has a right to redeem the same, and upon the payment of the proper amount, issue to such party a certificate of redemption, setting forth the facts of the sale substantially as contained in the certificate of sale; the date of redemptiòn, the amount paid, and by whom redeemed; and he shall make the proper entries in the book of sales in his office, tind shall immedIately give notice of such redemption to the Treas- nrer. Such certificate of redemption shall then be presented to the Treasnrer who shall conntersign the same and make the prop- er entries in the books of his office; and no certificate of redemp- tion shall be evidence of such redemption, without such signature of the Treasurer. SEC. 75, If real property of any minor, or lunatic, is sold for taxes, the same may be redeemed at auy time within one year af- ter such disability is removed, in the manner specified in the fol- lowing section: Or such redemption may be made by the guardian or legl'l representl'tive under section eight hundred and ninety (890) at any time hefore the delivery of the deed. SEC. 76. Any person entitled to redeem lands sold for taxes af- ter the delivery' of the deed, shall redeem the same by an equita- ble action in a court of record in which all pcrsons claiming an in- terest in the land derived from the tax sale, as shown by the rec- ord, shall be made defendants; and the courts shall determine the rights, claims, and interest of the several parties, including liens for taxes and claims for improvements made on the land by the person claiming under the tax title; and no person sball be allow- ed to redeem lands sold for taxes in any other mauner after the service 01 the notice provided for by the next section, and the, ex- ecution and delivery of the Treasnrer's deed. SEO. 77. After the expiration of two years and nine months after the date of sale of the land for taxes, the lawfnl holder of the eertificate of pnrchase may cause to be served upon the person in possession of such land or town lot, aud also npon the person in whose name ,the same is taxed, if such person resides in the City, in the manner provided by law for the service of original notices, 84 ORDINANCES ŒT)" OF DUBUQUE. 85 ~np~ice ,siglledbyhim, his agent.or attprlley,~taþng the 4~te of sale",the descriptlQI) Of ~be l;>n¡I,or,~Qw,nlot ~old, the,naJ1le of ~he pnrebaSe1" and ~hat ,tbe right of redeJ1lption w,il,1 expire and a d,ecd for said .land, be J1lade unless re<;lemption.from such sale be made within ninety days fro":' the completed service thereof" Service may be made upon non-residents of the City by publishing the same three times in some new,spaper published in said City. But any, such non-resident may file with the Treasurer of the qity a written appointment of some resident of the City as agent upon whom service shall be made, And in such case, personal service of said notice shall be made npon said agent. Service shall be deemed completed when an affidavit of the service of said notice and of the particular mode theroo£, duly signed and verified, by the holder of the certificato of purchase, his agent, or attorney, shall have been filed with the Treasurer authorized to execute a tax deed. Such affidavit shall be filed by said Treasurer and entered upon the records of bis pfllce and said,record or aflldavit shall be presumptive evidence of the completed service of notice berein re- quired. And until ninety days after the service of said notice, the right of redemption from sucb sale .ball not expire. Tbe cost of serving said notice wbether by publication or otherwise, together with the cost of the aflldavit, shall be added to the redemption money, , SEG. 78. Immediately after the expiration of ninety days from the date of service of the written notice herein before provided, the Treasurer thcn in ofllce shall make out a deed for each lot or p~rcel of land sold, and remaining unredeemed, and deliver the same to the purchaser upon the rcturn Qf the certificate of pur- chase. The Treasnrer shall demand twenty.five cents for each deed made' by him on such aales; bnt any nnmber of parcels of land bQnght by onc person may be inclnded in one deed if desired by the pnrchaser. SEG. 79. Deeds executed by the Treasnrer sball be snbstantially in thefQllowlngform: Know all men by these presents, that whereas, the following described real property, viz: (here follows description) situated in the City aud County Qf Dubuque, and State Qf IQwa, was subject to taxation by said City for the year -(or years) A. D. 18- And, wbereas, the taxes assessed upon said property by said City for the year, (or years) aforesaid, ,remained dne and unpaid at the dat,e of the sale hereinafter, named, and, whereas, the Treasurer of said City did, Qn the-day of- A. D. 18- by virtue of the anthority in him vested by law, at- (an adjQurn. ment)-,-of the sale began and publicly held Qn the first MQn. day of-,..,- A" D. 18-, expose tQ public sale at the Qffice of the Treasurer ill tbe City aforesaid, in substantial conformity with all the regulations of the statute and the ordinance in such case made and provided, the property above described for the pay- ment Qf the taxes, interest and costs then due and remaining un. paid Qn said property. And, whereas, at the time and place aforQ. said, A- B- Qf the County of--and State of-haviug Qffered to,pay the sum of $- and -- cents, being the whole amount of taxes, interest and costs, t,hen due and unpaid on said property for (here follows the description Qfthe property sold) which was the least quantity bid for, and payment Qf said sum having been by him made to said Treasurer, said property was stricken off to him at that price. And, whereas, the said A-B- did on the- day of--A.D. 18-duly sign the certificate of the sale of the property as aforesaid, and all his right, title and interest to said property to E~ T-, of the County Qf- and State of-. And, whereas, by the affidavit Qf-, filed in said Treasurer's Qffice on the-day of- A. D. 18-, it appears that due notice has been given more than nincty days before the execution of these presents to--and-Qf the expiration Qf the redemption allowed by law. And whereas tbree years have elapsed since the date Qf said aale, and said property has not been redeemed therefrom as pro. ..ided by law, NQw, thsrefQre, I, C- D-, Treasurer of the City aforesaid, for and in consideration Qf the said sum to the Treasurer paid as aforesaid, and by virtue Qf the statute and the Qrdinance in such case made and provided, have granted, bargained, and sold, and by these presents, do grant, bargain and sell, unto the said A- B-- (Qr E. F.) his heirs and assigns, the real property last,here- inbefore described. To have and tQ hold unto him, the said A- B~ (Qr E, F.,) his heirs or assigns forever; subject, however, to all rights ofredemptiQn provided by law. In witness whereof, I, C-D-, Treasurer as aforesaid, by virtue Qfthe authorIty aforesaid, have herennto snbscribed my name On this-day of............18~. STATE OF IOWA, } Dubuque CQnnty. ss. I hereby ccrtify that before me-in and for ~aid City, personally appeared the, above named C- D.-, Treas- nrer Qf. said City, personally kuown to me to be the Treasurer of said City, at the date of the ex,ecation Qf the above conveyance, and tQ be the identical person whose name is afllxed to, and who 86 ORDINANOES CITY OF ])U13UQUE. 87 executed the above conveyance as 'l'reasurer of said City, aud ackuowledged the execution of the same to be his voluntary act and deed as Treasurer of said City, for the pnrpose therein ex. pressed. Givon under my hand~ (aud seal-) this-day of-A. D. 18-. SEC. 80. The deed shall be signed by the Treasurer in his of. ficial capacity, and acknowledged by him before some officer au. thorized to take acknowledgments of deeds; and when 'snbstan. tially thus cxecuted, and reccrdcd in the proper record of titles to real estate, shall vest in the purcbaser all the right, title, interest and estate of the former owner in and to tbe land conveyed; and alsoall the right, title, interest and claim cf the City. SEa. 81. The provisions of this ordinance shall not effect sales. herotofore made, or tax deeds given in pursuance of sales made before the taking effect of this ordinance. SEa. 82. When by mistake, or wrcngful act of the Treasurer, land has been sold on which nc tax was due at the time; or when. over land is acId in consequence of error in describing such land in the tax receipt; the City is to hold the pnrchaser harmless by pay. ing him the amcunt cfprincipal, and interest at ten per cent., and costs. And the Treasurer and his hondsmen shall be liable to the City to the amcunt of his official bond; or the purchaser, or his assignee, may recover directly of the Treasurer in an action bronght to recover the same in any Court having jurisdiction, of the amount; and judgment shall be against him and his bondsmen. But the Treasurer, or his bondsmen, shall be liable for only his own 01' his deputies' acts. SEa. 83. Whenever.it shall be made to appear to the satisfac. tion of the Treasurer, either before the execution of a deed for real property sold for taxes, or if the deed be returned by the purchaser, that any tract or lot'was sold which was not subject to taxation, or upon which the taxes had been paid previous to the sale, ho shall make an entry opposite such tract, or lot, on tbe reccrd of sales that the same was srcneously sold; and such entry shall be evidence cf the fact therein stated, and in such cases, the purchase money shall be refunded to the purehaser as provided by this chapter. SEa. 84. No sale of real property for taxes shall be ccnsidered invalid on account of the same having been charged in any other name than that of the rightful owner, if the said property be in other respects sufficiently described. SEa. 85. In any case that may arise, not provided for in this ordinance, the officer, in the assessmcnt, levy and collection of City taxes, and the sale of real estate therefor, and the redemption of lands sold for taxes, shall be gcverned by the statute then in force controJling the action of county and township officers in the levy and collection of connty taxes. SEa. 86, All ordinances and parts of ordinances heretofore pass- ed, inconsistent with this ordinance, are hereby repealed, SEa. 87. This ordinance shall be in force from and after its publication in the official papers of the City. Passed Angust 28th, 1874. AN ORDINANOE To amend an ordinance entitled "An Ordinance in relation to Licen- ses. Be it ordained by the Oity Council of the Oity of Dubuque: SEC. 1. That chapter 23 of the rcvised ordinauces coucerning wagons, drays, etc., be and the same is hereby amended byadd- ing the following: SEC. 14. Any persou licensed by the City of Dubuque under section one of chapter 23 page 140 of the Revised Ordinances of said City, shall not take for hanling any load to or from any part of the City, or to or from the Fair Grounds or Driving Park, and below the Bluffs more than one dollar per load when drawn by one horse, or mare, and not more than one dollar and fifty cents per load when so hauled and drawn by two horses, to and from or over the above named territory; and if any greater amount than above specified shall be taken or charged for said service by any licensed wagon, or dray or other vehiclo, said person or persons so doing, shall forfeit hi, liccnse and be subject to a fine of not less than fivs nor more than ten dollars for each and every offense. Passed September 3d, 1874, AN ORDINANCE To establish Eagle Point Ferry, and construct a Levee in connec- tion therewith. Be it ordained by the City Council of the Oity of Dubuque: SEOTION.1. That the license privilege of kseping and maintain. ing a ferry, to bc known as the Eagle Point Ferry, from the City of Dnbuque to the Wisconsin side of the Mississippi River, for the period of twenty-five years, is hereby granted to James Hughes and his associates, and their assignees, within the limits, and un. del' the provisions, conditions and restrictions specified in a certain contract, entered into tbis 28th day of Jnly, 1874, between the : Ii 88 ORDINANOES City of Dnbuque and the porsons above mentioned, which COn' tract is in the following words, to-wit: This agreement, made this 28th day of July, 1874, by and be- tween the City of Dubnque of the first part, and James Hughes and his associates of the second part, witnesseth: That the City of Dubnque for and in consideration of the Còvenants hereinafter contained, does hereby give and grant to the said parties of the second part and their assignees, the license and privilege of keep- ing and maintaining a ferry to be' known as the Eagle Point Ferry, for twenty-five years, across the Mississippi River, be- tween the City of Dubuque and the easterly side of the river, in the State of Wisconsin, within the following limits, to-wit: Commencing at the southward limit of the submarine railroad, , arouud and extending south one bundred and fifty feet along the river shore; and the said parties of tbe second part covenant and agree that within six months from this dute they will commence and continne running, at the place aforesaid, a ferry boat suf. ficient to accommodate the traveling pubJic, and transport across the Mississippi such freight as may be required. And they further agree to exercise all proper care, skill and prudence in keeping and running said ferry, and to condnct and managc tbe samo so as te insnrethe safety and convenience of the traveling public and those having occasion to transport freight. It is furthcr agreed that the City Council shall make snoh rules and regulations for said ferry as it may doemne"essary, and fix from time to time the rates of ferriage from the Iowa side, but the City Council may fix the rates of ferriage lower than the ratos of the Dubuque and Dunleith ferry; and in case tbe rates are fixed so low as, in the judgment of the said party of the second part, or their assignees, to make tbe ferry nnprofitable, or if, for any'other reason, the ferry shall become unprofitable, it shall bo competent for the said party of tbe second part, or his assignees, to abandon the license and privilego berein granled, by giving tbe Mayor of tbe City tbree montb's notice 'of sucb abandonment, in writing. It is further agreed tbat tbe said party of tbesecond part shall have the rigbt to improve tbe landing and construct levees witbin tbe limits fixed for said ferry. Tbe failure of the party of the second part, or his assignees, to comply witb any of tbe terms or conditions of tbis contract to be performed on his part, sball work a forfeiture of tbis contract, in case tbe City Council sball elect to declare it forfeited. But it shall not be competont for the City Conncil to declare sucb forfeitnre nntil tbree months after the said parties of the 89 OITY O~' DUBUQUE. ----' ---- second part or tbeir assignees shall bave been notified in writing, iu pursuance of a resolution of the Council, that in tbe opinion òf the council the said parties of the second part or their assignee. have made default, and if during tbe said throe months, the said parties of the second part or their assignees sball keep and per- form all the terms aud conditions to bo kept and performed by them, thcn the forfeiture shall be considered as saved. SEC. 2. That the license privilege to improve the landing and construct a levee for the use of said ferry and other boats within the limits fixed for said ferry, in accordance with the provisions of the said contract, is bercby granlcd to the same persons and their assignees. SEC. 3. The contract herein named is hereby made a part of this ordinance, and tbis ordinance sball be in force after its publi- cation iu the official papers of the City. . SEC. 4. All ordinances and parts of ordinances inconsistent with the provisions of this ordinance are bereby repealed. Passed September 3, 1874. AN ORDINANCE To amend cbapter 30 of the Revibed Ordinances, entitled an ordi- nance defining offenses and prescribing the punishment tbere- for. Be it ordained by the City Council of the City of Dubuque; SEc'rION 1. Tbat the word "five" in the last line of section 3 of said chapter be strickea out, and the words "one dollar" be inser- ted iu place therecf, SEC. 2. That this ordinance shall take effect from and after the publication of the same in tbe official papers of the City. Passed September 3d, 1874. A:N ORDINANCE Granting to John P, Qnigley and biB associates and assigns, an- thority to constrnct a Pile, Pontoon, Wagon and Foot Bridge, from the City ot Dubuqne, over the Mississippi River, to the east side. Be it ordained by the City Council of the City of Dubuque: SEc'rION 1. Tbat right, authority and permission be, and is hercby granted to John P. Quigley, and his associates and assigns, under such 'name and style as they may hereafter be associated or incorporated, to bnild, construct and maintain a Pile, Pontoon, Wagon and Foot Bridge, of the width of thirty feet, (30) from the City of Dubuque, in the State of Iowa, over the Mississippi River 12 ,90 ORDINANOES to the eaot shore, and for twenty-five years (25) thereafter main- .tain the same as and for a public highway, SEC. 2. Abutments on the Iowa shore shan be located at such 'point between Seventh (7) street and 'rhird (3) street, as they, with the consent of the Board of' Supervisors of' Dnbuque County, may determine, but such location sball not intcrfere with the rights heretofore granted by the City to any corporation, company Or individuals. SEC. 3. That the grantces herein shall have the use of any of the streets and alleys adjoining the abutmcnts, for the pnrpose of approaching said bridgo, together with the right to construct thereon the nccessary approaches to said bridge. SEC. 4. Said grantees are hereby authorized to charge and re- ceive, for their own use, for the trausportatiou and travel over said bridge, the following rates, to,wit: Foot passcngors 2. ccnts each way. Lead horse, hDrncd cattle, sheep and swine, 2 cents Pel' head. One horse with rider, 5 cents each way. One or two horse vehicles, 10 cents each way. Four horse, 20 cents each way. Subject to the regnlations of the Council. SEC 5. Nothing in this ordinance is intendcd or shall be so construed as to render said City liable for auy obstructiou to the navigation of the Mississippi River, caused by the ercction of said Pile, Pontoon, Wagon and Foot Bridge, by the said John P. Qnigley, his associates and assigns, as this charter is in conoidera- tion that they shall within twelve mouths hereafter, either pro- cure leave aud authority from the Congress of the United States, to erect said bridge, or legalize its construction, and in the event of their fitilure to procure such leave, and authority, all rights herein granted shan revert to the City. SEC. 6. If said John p, Quigley and others, their associ"tes, suc- oessors and assigns, shall fail to have said Pontoon bridge comple- ted within one year from the date of this ordinance, tÌlen all the rights, and privileges hereby granted shall revert to the City. SEC. 7, This ordinance shall take effect and be in forcd from and ,after its publication in the offieial papers of the City. Passed October 2d, 1874. ;1: l OITY OF DU1!UQUE. 91 AN ORDINANCE To amend an Ordinance entitled an Ordinance "to provide for Im- proving tho Streets, Aneys and Public Landings and for the con- struction of' Sidewalks and Sewers in tbe City of Dubuque." Be it ordained by the Oity Council of the City of Dubuque: SECTION L That section uumber fourteen of the ordinauce above mentioned be amended by adding to the end of' said section as f'oUows, to. wit: Said special tax shull be paid to the Treasurer, and the paymeut entered upon the proper books of his office, and the money shall then be paij over to the person entitled to receive the same upon the order of the City Council. SEC. 2. This ordinance shull be in force from aud after its pub- lication in the official papers of the City. Passed November 6th, 18U. AN ORDINANCE Granting to the Illinois Central Railroad Compauy the Right of Way over aud along certain Streets and Alleys in the City of Dubuque. Be it ol'dained by the City Council of the City of Dubuque: SECTION L That permission be, and the same is hereby granted to the Illinois Central Hailroad Company, its successors aud as- signs, to lay down and operale a sin>;le rail way track from a con- venient poiut on the Bridge Company's track, north of First street and south of Second street, to the alley on the south side of, and intersecting the south liue of said street between Main aud Iowa streets, aud thence sout,h along said alley to the south side of Railroad Avenue. SEC. 2. That the ordinance beretofore adopted, entitled "Au 01'- diuance grauting to the Dubuque, Bellevue and Mississippi Railway Company, and to the Dubuque and Miunesota Railway Oompauy the right of way through the City of Dubuque," passed February 2d, 1871, be, aud the same is hereby so far modified, that the said Dubuque, Bellevue aud Mississippi Railway Company, and said Dubuque and Miunesota Railway Company, their successors and assigns, shall be permitted and required to lay their track on oue side of said alley, while the said Illinois Ceutral Railroad Company shall lay its Irack, herein authorized, on the other side of the same. Sec. 3. That whenever required by the City Council of this City, said Illinois Dentral Railroad Company shall, at its owu ex- pense, grade the one-half of the said alley on which its track shall be laid, aud that portion of any street crossed aud occupied by its i ! 92 ORDINANOES track, shall kccp thc space between the rails, and to tbe end of the ties, so graded, that carriages, and otber vehicles, may easily pass over the same, and on each side of every street crossed by its said track, shall construct and maintain suitablo cnlverts and drains, so that the free passage of water shall not be interfered with, by the track hereby permitted, shall at street crossings plank between the rails, and make snitable approach.s to enable vehieles to cross its track, and shall stricUy comply with all reasonable police regula- tions which the authorities of this City may establish in relation to the rnnning of trains on said track within the limits of this City, SEC. 4. That the track herein authorized, shall be laid 10 the grade established by the City, and should the grade be chauged' by the City at anJ' time, the said track shall be changed to con, form te snch change of grade, sueh change of the ,track to be made at the expense of the Company, and the Company to have no claim against the City for damages because of snch change. SEC. 5. That this ordinance shall be in force from and after notice in writing, of the acceptance thcreef by said Illinois Cen- tral Railroad Cempany, given to the Mayor of this City, and the pnblication of this ordinance in the official papers of the City, at the expeuse of said company. Passed December 21, 1874. INDEX To ORDINANCES PASSED SINOE MAY 4, 1872. PAGE. Alleys-Improvement Auim"ls running at large,-Regulation 01'.................-...............55 Animals-Sale of tied in mnrket prohibitcd............................43 Assessmcnt 01' taxcs,...............................................,..............78 Bush's Mal'ket-Grant 1'01'...................... ....................................72 Cars-Unlawl'u'¡ interle,'ence with....................,........,............46 Degs--License nnd tax Fer"y at Eàgle Point-Grant 1'01'......................................................87 Fines-Limit ef. Grndes-Change Hack drivors-Regulation Licenscs-For hauling to Fuir Grounds, &c., ...........................87 " -Ameudment 10 chaptcr 23,.......................44'-50..,77-87 Liquors-Regulatiug sale.. ....................................... .....................52 Lorimier Avenne-Nl1me 01' chnnge...............................................57 Markets-Estahlishing and regulating..................,..........................43 Omnibus d,'ivers-Regulalion C. G. HARGUS, City Recorder, Police Pontoon Bridge-Right to huild ~ranLed.....................................89 Puhlic Landing-Improvement of............................,................73 Railroads-Running 01' regulated............................ .........................57 Right ol'Wj'Y to 1. C. R. R. ...........................................................91 Sewers-Coustruction 01:..............................................................73-91 Sidewalks-Constrnction 01'........................................................73 Sidewalks-Width of on certain Streets..................................46-52 Strcets-;-Namcs and construction 01........................................54-73 Tnxes-Sale of property 101'....................................'15-54-60-78-91 Water-Ratcs of established....,........,..,..........................................50 Wood-Inspection and Sale 01'............................., ............,...........43 Wood Dealers-License of................................................................60 ......47 STATE OF row A, } ss City and Connty 01' Dnbnqne. . I, C. G. Hargus, R~corder of the City 01' Dubnqne, Iowa, do hereby certify that the foregoing ordinances and resolutions con- tained in the book denominated the" Second Revision 01' the 01'- dinnnees of the City of Dnbuqne," are correct copies from the records in my office. WITNESS my hand and the official seal of said City, this 8th day of Jannary, A. D, 1875.