Second Revision of Ordinances Passed by the City Council of the city of Dubuque Subsequent to Revised Ordinances of 1869 - Published January 7 1875SECOND REVISION
OF
rJRDINANCES
PASSED BY THE
CITY COUNCIL
OP TLIE
CITY OF DUBUQUE
SCIISEQUEN'- TO
REVISED ORDINANCES OF 1869.
PUBLISHED BY ORDER OF CITY COUNCIL, JANUARY 7, 1875.
PET1,' _^
NWT'
DUBUQUE, IOWA:
DAILY HERAI.?) STEAM PRLTTING HOUSE.
1875.
ORDINAI\CF S
PASSED BY THE
CITY COUNCIL
OF THE
CITY OF DUBUQUE
SUBSEQUENT TO
REVISED ORDINANCES OF 1869.
PUBLISIIED BY ORDER OF CITY COUNCII,
MAY 4, 1872.
DUBUQUE, 1O`VA:
DAILY HERALD STEAM PRINTING HOUSE,
1872.
ORDINAL\ CS
AN ORDINANCE*
To amend an ordinance entitled "an ordinance to prevent nui-
sances."
Be it ordained by the City Council of the City of Dubuque;
SECTION 1. That if any person shall permit or allow any offal,
filth, manure, or offensive matter of any kind to accumulate or re-
main on that portion of any street or alley abutting on the front
or rear of the premises owned or occupied by him, and shall not
remove the same within five hours 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 publication in the official papers of the city.
Passed May 6th, A. D. 1869.
* This is an addition to Chap. 40. Sec. 2. of the first revised ordinances
AN ORDINANCE
To amend an ordinance entitled "An Ordinance to define the du-
ties of the Treasurer of the City of Dubuque."
Be it ordained by the City Council of the City of Dubuque;
SECTION 1. That the Treasurer of the City shall collect, receive
and safely keep all moneys due or to be paid to the City, and for
every sum so received by him, he shall execute and deliver to the
person from whom such sum shall be received, duplicate receipts,
and shall at the same time inform such 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 Auditor, which
statement shall be also printed or written on the•face of such re-
ceipt, and no receipts, issued by said treasurer, shall be of any bind-
ing force or effect whatever against the City until the same shall
have been so countersigned.
SEc. 2. All ordinances inconsistent 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hereby repealed.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 the city, and the Dubuque Times.
Passed May 6th, 1869.
1
4 ORDINANCES
AN ORDINANCE
Authorizing and regulating the Dubuque Lumbermen and Manu-
facturers' Railroad in the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque ;
SECTION 1, That permission, with the right of way, be and is
hereby granted unto the Dubuque Lumber men and Manufacturers'
Railroad Company to construct, and for the space of fifteen years,
to maintain a railroad track on and along the following streets
and public places in this city, viz :
From an intersection to be made with the Dunleith & Dubuque
Bridge Company's track on Fourth street, thence northerly along
the old levee to Jackson street, thence along and up Jackson street
as far as Eighth street ; and from said Fourth street along the old
levee up to Washington street, thence up and along Washington
street as far as Tenth street ; and said company is hereby empow-
ered to connect the track thus to be laid by it, with the places of
business of such persons doing business along the line of the same
as may desire it.
SEC. 2. That only one track shall be laid on atny one street, and
that such track shall be made of such material and in such man-
ner as will accommodate other railroad companies that may desire
to pass over the same, and shall be laid on the center line, and as
as near as may be to the present level of the streets over or along
which it may pass, and that at all the points along the route, where
the track shall be above or below such level, it shall be the duty of
the company to so grade the approaches to the track that the
travel on the streets or alleys near where it shall run, shall not be
unnecessarily inconvenienced or unreasonably annoyed : and that
whenever the city shall change the surface of the street to the
present or other grade, the company shall raise or lower their track
to suit such grade.
SEC. 3. That every person, company and corporation shall have
the right to pass its cars over the track hereby authorized to be
built on equal terms without undue preference to any.
SEC. 4. That the said Dubuque Lumbermen and Manufacturers'
Railroad Company shall have the right to demand and collect as
compensation for the use of said railroad track the sum of fifty
cents for each and every car, run upon or off their said track, for
the purpose of being loaded or unloaded, unless such car so run
upon or off their said track is at the time wholly unloaded ; but
shall not at any time charge or receive more than fifty cents with-
out the consent and approval of the City Council of the City of
Dubuque : Provided, always, that no charge shall be made for cars
CITY OF DUBUQUE. 5
or locomotives run on or over said track for the sole purpose of
making up a train.
SEc. 5. The City of Dubuque reserves the right to take up and
remove the rail of said road whenever it shall be necessary for re-
pair or improvement of the streets, or for laying water or gas
pipes, or sowers, or for other public purposes, on the streets
on which said rails may be laid ; and such repairs and improve-
ments shall be made by the City without unnecessary delay, and
the track of said road shall be taken up and relaid by the Du-
buque Lumbermen and Manufacturers' Railroad Company, at their
said company's expense.
SEc. 6. It shall be the duty of said railroad company to repair
any and all damage done to the streets, curbs, sidewalks, gutters
&c., by the construction and repair of their track along and over
the streets as herein provided for; and further to protect the City
of Dubuque against all claims for damages arising from the con-
struction or management of the railroad provided for hereby.
SEC. 7. That the City Council shall have the right from time
to time to make reasonable regulations in reference to the running
of trains on said Railroad, and the speed of the same, and all
other police regulations that may be necessary and proper, and if
said Dubuque Lumbermen and Manufacturers' Railroad Company
shall, at any time, violate any material provision contained in this
ordinance, or any material regulation made by said City Council,
such violation shall work a complete forfeiture of all the rights,
priveleges and powers hereby conferred upon said company.
SEC. 8. That the Dubuque Lumbermen and Manufacturers'
Railroad Company be and is hereby authorized to assign, transfer
and set over unto any other person, company or corporation, all
the rights, privileges, powers and benefits herein granted to, and
conferred upon said company, but the person, company or corpo-
ration receiving such assignment or transfer shall be subject to the
provisions of this ordinance in the same manner as the Dubuque
Lumbermen and Manufactures' Railroad Conpany.
SEc. 9. That said railroad track herein authorized to be con-
structed shall be complete and ready for use within three months
after the adoption of this ordinance.
SEc. 10. In case said Dubuque Lumbermen and Manufactu—
rers' Railroad Company accepts the rights, privileges and powers
conferred by this ordinance, they shall, within sixty days after its
adoption by the City Council, so notify the Mayor of said city in
writing, and from and after such notice this ordinance, and all the
terms and conditions therein contained, shall have the force and ef-
6 ORDINANCES
feet of a contract between said company and the city of. Dubuque.
SEc. 11. This ordinance shall not be so construed as to prevent
the City Council of the City of Dubuque from granting to any
other railroad company, whose road shall extend and be operated
beyond the limits of the city, the right to build, maintain and ope-
rate railroad tracks on the same streets where the tracks of the
Dubuque Lumbermen and Manufacturers' Railroad Company are
located ; and in case any other railroad company, whose road shall
extend beyond the City Limits, shall desire to appropriate and use.
the railroad of said Dubuque Lumbermen 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 Manufacturers' Railroad Company, or their assigns, whatever
damages said company or their assigns shall sustain by reason of
such appropriation, exclusive of the value of the franchise granted
by this 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 duties
of the Treasurer of the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque;
That Section one of above entitled ordinance be amended by
adding thereto the following, viz :
And shall, whenever required by the Finance Committee of the
City Council, submit to the inspection of said committee all books,
papers and money and other property of the City in his possession
or under his control.
This ordinance shall take effect and be in force from and after
its passage and publication in 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 publi-
cation in the four papers of the city.
Passed December 2, 1869.
CITY OF DUBUQUE.
7
AN ORDINANCE
To regulate licences on Livery Stables.
Be it ordained by the City Council of the City of Dubuque;
SEc. 1. That the license on Livery Stables be reduced and fixed
at fifty dollars.
SEc. 2. That all ordinances in conflict herewith, be and the
same are hereby repealed.
SEc. 3. That this ordinance shall take effect from and after its
publication in the official papers of the city.
Passed September 20, 1869.
AN ORDINANCE
To amend Chapter 23 of the Revised Ordinances, being "an ordi-
nance in relation to Licenses."
Be it ordained by the City Council of the City of Dubuque;
SEc. 1. No person shall, within the limits of the City of Du-
buque, for the purpose of selling again at a profit, or for the pur-
pose of realizing a profit therefrom, buy, discount or shave any
bill of exchange, check, draft or order for the payment of money,
or other thing of value, banknote, promissory note, bond, mort-
gage or other writing obligatory, gold or silver
instrument, or or peruy, -
sonal negotiate the sale or purchase of any .
or real property for others, for a commission or other com-
pensation, without a Broker's License, issued therefor by said City
under a penalty of not less than ten, nor more than fifty dollars
for each offence ; and for every such license there shall be taxed
and collected by said City the sum of fifty dollars. That so much
of the ordinance hereby amended as relates to Brokers, be and is
hereby repealed, saving to the City the right to collect the penal-
ties incurred thereunder.
SEc. 2 and 3 illegal.
SEc.4. That all liquors, whether vinous, spirituous or malt,
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 thereof to sell into be drank on the premises where the
same is kept for sale, shall be, and is hereby declared to be, a nui-
sance, and the City Marshal shall forthwith seize all such liquors
and remove the same to the City Hall, and there retain the same
until such license be procured or said liquor be released by order
of the City Council.
This ordinance shall be in force from and after its publication in
the official papers of the City.
Adopted July 14th, 1870.
8 ORDINANCES.
AN ORDINANCE*
To amend an ordinance entitled "An Ordinance in relation to the
Public Landing, and to regulate wharfage," being chapter 15 of
the revised ordinances
Be it ordained by the City Council of the City of Dubuque.
SECTION. 1. That section four of said ordinance be stricken out
and the following section substituted in its stead, viz :
SEc. 4. That there shall be collected from each steamboat which
shall land at or in front of, and within one hundred feet from the
public landing, the sum of two and a half cents wharfage for each
ton burden of such steamboat, United States Goverment measure,
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 exceeding
twenty four hours, there shall be collected wharfage at one half
the above rate for each day of twenty-four hours during which
such boat shall so remain after the day of her arrival.
That section eight of said ordinance be stricken out and that
the following be substituted in its stead, viz :
SEc. 8. There shall be collected on all wood landed on the pub-
lic 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 shall remain on the public landing for a long-
er time than three days, after the harbor master shall have given
notice to the owner or person having charge of such wood to re-
move the same, shall be subject to wharfage at the rate herein
provided for, for each three days that the same shall so remain.
Published March 26, 1870.
* All wharfage on steamboats abolished by resolution passed in February, 1874.
AN ORDINANCE
Providing for the appointment of an inspector of wood and regu-
lating the sale of wood for fuel, in the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque;
SECTION 1. The City Council shall appoint each year a City In-
spector of Wood who shall remain in office during the pleasure of
the council, and whose duty it shall be to enforce the provisions of
this ordinance, and such amendments thereto as may from time to
time be made.
SEc. 2. All wood sold for fuel in the City of Dubuque shall here-
after be sold by the cord or part thereof; and the cord mentioned
in this ordinance shall consist of one hundred and twenty-eight
CITY OF DUBUQUE. 9
cubic feet, well and compactly stowed, and with reasonable allow-
ance for crooked and uneven wood.
SEc. 3. All persons bringing wood into the City of Dubuque, and
offering the same for sale, upon the levee or banks of the Mississip-
pi River or any of the sloughs or channels thereof, or at any other
place within the City Limits, shall, when the same is placed upon
the banks or levee, or at such other place where the same is to be
offered for sale, so pile said wood that a space of at least one foot
shall intervene between the ranks thereof, and each rank thereof
shall be so piled as to clearly show the kind and quality of wood in
each rank, and to that end all limbs and crooked sticks shall be
placed upon the top of the ranks, or in a separate rank by them-
selves, and the other wood shall be piled bark up as compactly as
possible.
SEc. 4. No person shall sell or offer to sell any wood for fuel
within the limits of the City of Dubuque until said wood has been
inspected and passed by the inspector as herein provided for ; and
any person who shall violate the provisions of this section shall be
liable to a fine of not less than ten nor more than fifty dollars for
each offense.
SEc. 5. It shall be the duty of the Inspector of Wood to oversee
the ranking and piling of all wood for fuel brought to the City of
Dubuque for sale, and to cause the same to be piled as herein pro-
vided for : and when piled to inspect and measure the same. If
any wood is not piled as herein provided for, he shall notify the
owner or person having the same in charge to repile the same as
herein provided for ; and in case the owner or person having the
same in charge fails to do so within a reasonable time, the inspec-
tor shall refuse to pass said wood, and shall mark the same as
rejected. All wood properly piled and marked shall be measured
by the inspector who shall give a certificate of such measurement
to the owner of the 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
up a cord of one hundred and twenty-eight cubic feet and the
measurement so made shall be binding and conclusive on both
buyer and seller; a duplicate of the above certificate shall be at-
tached by the inspector to each rank of wood by him inspected
and passed, and all sales of such wood shall be from the rank as
measured by the inspector. Provided, that whenever such wood
shall be removed from the place where inspected and measured
by the inspector to any other place in said City to be again offered
for sale, the same shall be again ranked and measured, and a new
10 OR•DINANCES CITY OF DUBUQUE. 11
certificate 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 any
manner deal in wood either for himself or others save and except
to purchase wood for his own use, nor shall he be interested, either
directly or indirectly, in the purchasing or selling of wood, nor in
the profits to be derived therefrom, nor shall he in any manner
aid or assist in making sales or purchases of wood.
SEC. 7. The fees of the inspector for services rendered by him
in inspecting and measuring wood, shall be as follows :
For every lot of one cord or less, - - - 10 cts.
For every lot over one and less than twenty cords, for each
cord therein. - - - - - - 5 cts.
For every lot of twenty up to fifty, for' each cord therein, 4 cts.
For every lot of fifty or over, for each cord therein, 3 cts.
SEC. 8. Repealed by next ordinance, passed August llth, 1870.
SEC. 9. No person shall sell or offer for sale in that portion of
the City of Dubuque lying east of Bluff street, with Bluff street in-
cluded, 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 Inspector of Wood, and
certificate of the quantity thereof in cords, or parts of a cord be
procured by him. Any person who shall violate the provisions of
this section shall forfeit and pay to the City for each offense the
sum of five dollars.
* SEC. 10. Repealed.
SEo. 11. Any person who shall resist or interfere with the in-
spector in the performance of his duties under this ordinance, or
shall neglect or refuse to comply with any of the requirements
thereof, or shall 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 fifty dollars with costs of prosecution, at the
discretion of the court before which he may be prosecuted, and
such court may in addition to such fine, imprison such offender un-
til such fine and costs be paid.
SEC. 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 the City Council at every one 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 measure-
ment was made, and shall account for and pay into the City Treas-
ury 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
measured, for whom measured, and the fees charged by him.
That as soon as any wood shall have been measured by the
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
such fees be paid.
SEC. 13. That Chapter 21 of the revised ordinances be, and the
same is hereby repealed, and that this ordinance be in force from
and after one publication of it in the Dubuque Times Newspaper.
Passed May 5th, 1870.
* Boundaries of wood market changed by ordinance of June 6th 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;
SEC. 1. That no person shall keep or establish a Lumber Yard
for 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 owners of the
block in which such lumber yard is situated, and any person who
shall violate the provisions of this section, shall forfeit and pay a
fine of not less than ten dollars nor more than one hundred dollars
for the first offense, if the yard is continued in violation of this
section for the space of six days after the first fine, it shall be a
second offense for which the party shall be fined not less than
twenty-five nor more than one hundred dollars; and each subse-
quent continuance of the lumber yard for six days, shall be another
offense, for which the party offending shall be fined not less than
twenty-five dollars.
SEc. 2. This ordinance shall not apply to persons who now
have lumber yards within the fire limits, provided such yards have
been established for the space of three months next prior to the
passage of this ordinance.
SEC. 3. This ordinance shall be in force from and after its pas-
sage and one publication in the Dubuque Daily Times.
Passed May 16th 1870.
12 ORDINANCES
AN ORDINANCE*
To provide for improving the Streets, Alleys, and Public Landings
and Sidewalks, in the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque;
SEC. 1. That whenever it shall be deemed expedient by the City
Council of said City, to grade, pave, macadamize, or otherwise
improve any street, alley or public landing, of the City, or any part
thereof, said council shall by resolution, direct the City Engineer
to prepare the proper plans and specifications for the improvement
proposed to be made ; and said Engineer shall forthwith prepare
the same and submit to the committee of said council on streets,
and if the same be by them approved, shall file them in the office
of the City Recorder.
SEC. 2. That as soon as said plans and specifications are filed in
the office of the City Recorder, he shall, without further order
from the Council, give public notice by an advertisement of at
least five days in the official papor of the City, that at the next ses-
sion of the Council, bids will be received by the said Council for
the doing of the work in accordance with such plans and specifiea•
tions.
SEC. 3. At the meeting of the Council at which bids are to be
received, such bids shall be opened and the contract awarded as to
the Council shall seem proper.
Provided; That in all contracts let for such improvement, it
shall be stipulated that the City shall levy a special tax on the abut-
ting property sufficient to pay for such improvement, and shall
proceed to collect the same in the manner herein pointed out, and
pay the same over to the contractor as soon as collected, but
that the contractor shall waive all recourse 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
to be completed, the committee of the 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 in the contract, said com-
mittee may direct the Street Commissioner to complete the same
in the manner provided in the contract, 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 committee find the work completed in accordance with the
contract, they shall accept the same from the contractor, and so re-
port to the City Council.
CITY OF DUBUQUE. 13
SEC. 5. As soon as practicable after the work shall be comple_
ted and accepted' by the Council, they shall levy a special tax on
the several lots or parcels of real estate abutting or adjoining such
improvement sufficient to pay the costs and expenses of the same.
The 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 city recorder shall, without 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 which
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 days
after a copy of such resolution is filed in his office, said treasurer
shall, as soon as may be thereafter, offer at public sale at the City
Hall, the real estate upon which such tax is levied and remains un-
paid, and the sale shall be made for and in payment of the whole
amount of such tax, interest and costs, levied and unpaid on such
real property. The treasurer shall give notice of the sale by pub-
lishing an advertisement 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 contain 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 collect 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 such advertisement, to
sell separately, each lot or parcel of real estate advertised for sale
for the tax, interest and costs due on it. The sale shall take place
between 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 such real estate is sold, or so long as there are bidders.
SEC. 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 purchaser, and he shall designate 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 shall 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 ORDINANCES.
were paid by the purchaser and also how much and what part of
each lot or tract was sold, and stating the amount of the tax with
interest and costs, for which each tract or lot was sold. Payment
shall be made at the time of sale, and on a failure to pay at such
time, the lot or parcel shall again be offered for sale.
SEC. 11. The owner of any real estate sold for the tax as afore-
said, shall be entitled to redeem the same within one year, by pay-
ing to the Treasurer the amount for which the same was sold with
20 per cent interest per annum. After the expiration of one year
from the date of sale of any 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 return of
the certificate of sale. The deeds shall be executed substantially
in the form required for deeds from the County Treasurer to pur-
chasers of land sold for taxes. For each deed to an individual.
purchaser 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 previous proceedings, 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, with 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 avenue, or any part thereof, within the limits of
said City, said Council shall pass an order to that effect, which
order shall set forth the particular locality where such grading or -
paving is required to be done, and the time allowed for complet-
ing the same; and the publication 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 abutting on any such street,
alley or avenue where such grading or paving is to be done, as
therein specified.
SEC. 14. All such grading, paving and repairing shall be in con-
formity with the grade of the street, alley or avenue, (unless
otherwise ordered), and done under the 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.
ORDINANCES 15
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 the City Council, published as aforesaid, the
Marshal shall contract for tho same to be done at the expense of
the City, and shall make his report of the expense thereof to the
City Council, and if the same be approved by said Council, they
shall forthwith levy a special tax on each lot or part of lot abutting
on such improvement, sufficient to pay the costs of the improvement
made in front thereof, and shall proceed to collect the same in the
same manner as is above provided for the collection of taxes levied
for other street improvement; and all sales made therefor and
deeds, made in pursuance thereof, shall have the same force, valid-
ity and effect as is above provided.
SEC. 16. That all of chapter 26, of the revised ordinances of
said City, and all of chapter 27 thereof, except sections 1 and 2 of
said last named ordinance, be and the same is hereby repealed, sav-
ing to the City, and all persons in interest, all rights accrued there-
under.
SEC. 17. This ordinance shall be in force from and after one
publication in the Dubuque Daily Times.
Adopted August 11, 1870.
* Superceded by ordinance of May 7. 1874.
AN ORDINANCE*
To amend an ordinance passed 5th day of May, 1870, entitled "An
Ordinance providing for the appointment of an Inspector of
Wood, and regulating the sale of Wood for Fuel in the City of
Dubuque :
Be it ordained by the City Council of the City 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 regulating the sale of Wood for fuel
in the 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 Ordinance, viz.:
SEc. 8. That all persons selling Wood for Fuel in the City of
Dubuque are hereby designated Wood Dealers; and no person
shall engage in such business in the City of Dubuque, unless duly
authorized by a license issued by the City for that purpose, under
a penalty of not less than ten nor more than fifty dollars. Such
license shall be procured and issued by the Recorder to such per-
sons as apply therefor, who shall produce the receipt of the Treas-
urer of the City for the sum of twenty-five dollars, paid him for
it
1
16 CITY OE DUBUQUE.
such license by the applicant, 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 dealer, nor to sales made by persons who bring the
wood to the City loaded upon a wagon, sled or like vehicle.
This ordinance shall be in force from and after its passage and
publication in the Dubuque official papers.
Adopted August 11, 1870.
• Wholly repealed by ordinance of March 5, 1874.
AN ORDINANCE
To amend an Ordinance entitled "An Ordinance in relation to the
Public Landing and to regulate Wharfage," being Chapter 15 of
the Revised Ordinances of the City of Dubuque :
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That all of Section 3 of an Ordinance entitled "An
Ordinance in relation to the Public Landing and to regulate
Wharfage," being Chapter 15 of the Revised Ordinances of the
City of Dubuque, be, and the same is hereby repealed, and that
the following be and is hereby substituted in its place and stead
as Section 3 thereof, viz. :
SEC. 3. That the portion of the public landing on the Missis-
sippi river south of 1st street in said City, is hereby exclusively
appropriated as a steamboat landing, and all steamboats arriving
at the City of Dubuque shall laud at such landing, and at no other
place, and no raft or boat excepting steamboats and their barges
shall land thereat without the consent of the Harbor Master;
that the portion of the public landing on the Mississippi river
north of said lst street and up to the north line of 7th street ex—
tended, be and is hereby appropriated as a landing for other boats,
barges and rafts, and no such boat, barge or raft shall land at any
other landing or place within the 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 had 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 person owning such boat, barge or raft who shall
direct or consent to such violation 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 the court before
which such person shall be convicted.
This Ordinance shall be in force from and after one publication
in the Dubuque Daily Times.
Passed August 25, 1870.
CITY OF DUBUQUE. 17
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 operating Movable Sectional Docks.
Be it ordained by the City Council of the City of Dubuque:
SECTION 1. That license and permission is hereby granted to
D. W. Hewitt, his associates and assigns, as individuals, or as a
body incorporate, under such name as they may hereafter adopt,
to occupy and use three hundred feet of the north bank of what
was formerly known as the main slough, in the City of Dubuque,
lying south of 3d street, in said City, and the waters immediately
in front thereof, so far as the City can grant the same, during the
term of ten years from this date, for the purpose 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 any part thereof at any time.
Passed October 10, 1870.
AN ORDINANCE
Granting to the Dubuque & Minnesota Railway Company the
Right of Way through the City of Dubuque.
Be it ordained by the City 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, 25i 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, (intersection angle 24, 52') to sta-
tion 17 X 12, 75 being center of Pine and Eleventh streets ; thence
in the same curve to Station 18 X 28.5, thence N. 29° 45' W., fol-
]owing the center of Pine street to a point between Sixteenth
street and Seventeenth street.
Station 35 X 38 curve to right, (intersection 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 (intersection angle 6° 24' to
3
18 'ORDINANCES
Station 93 X 33, 4 thence N. 19° E.
Station 95 X 58, 3 curve to the right (intersection angle 6° 02')
to
Station 98 X 59, 9 thence N. 25° 02' E.
Station 100 X 58, 9, curve to the right (intersection angle 12°
20') to
• Station 104 X 70 thence N. 36° 50' E.
Station 106 X 19, 2, curve to the left, (intersection angle 9°
16') to
Station 109 X 28, 08 thence N. 27° 45' E.
Station 116 X 52, 5, curve to the left, (intersection 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, thence 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 10°
50') to
Station 154 X 69, thence N. 40° 35' W.
Station 164 X 63, curve to the left (intersection angle 5° 02' (to
Station 169 X 495, thence N. 45° 55' W.
Station 171 X 70, curve 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, thence N. 58° 45' W., crossing the northern
boundary of the City of Dubuque at Station 181 x 16, 5, and for-
ever thereafter maintain and use the same for the passage of loco-
motives, cars and trains of cars, upon the following conditions, to
be performed by said Company, viz.:
1st. Said Company, whenever required by the city authorities,
shall, at its own proper costs, so grade any street or alley through
or over which their track may be laid, (south of Eagle Point on
the south line of mineral lot 305a) so as to afford an easy passage
for carriages and other vehicles on either side of said track and
shall keep said track properly ballasted, and the space between
the rails and to the end of the ties so graded that carriages and
other vehicles may easily pass over the same.
2d. That on each side of each street or alley, at the place
where said track crosses the same, said Company shall construct
and maintain suitable culverts and drains that will admit the free
passage of all water that may flow down such street or alley.
CITY OF DTTBUQTTE. 19.
3d. That at the place where said track shall cross any street or
alley said Company shall, whenever directed by the city authori-
ties so to do, at its own proper costs, grade such street or alley to
a level with such track, and pave or plank the space between the
rails tho entire width of such street or alley in such manner as
will afford an easy passage for wagons and other vehicles.
4th. That said Company shall strictly comply with all reason-
able police regulations which the authorities of said City may
establish in relation to the running of cars on said track within
the Cicy Limits.
This ordinance shall be in force from and after notice in writing
of the acceptance by said Company of the provisions thereof giv-
en by said Company to the Mayor of the City and the publication
of said ordinance in the. Dubuque Daily Times, at the expense of
the said Railroad Company.
Passed October 31st, 1870.
AN ORDINANCE
Regulating prosecutions under and providing for the enforcement
of the Ordinances of the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque :
SECTION`1. That all prosecutions for violations of any City Or-
dinance shall be had before any court having jurisdiction in the
name of the State of Iowa for the use of the City of Dubuque
and all moneys collected thereby shall be paid into the treasury
in the manner hereinafter stated.
SEc. 2. That all prosecutions for the violation of any Ordinance
when not otherwise provided, shall be commenced by the City
Attorney or the City Marshal, and whenever judgment is render-
ed in favor of the City, and such judgment is fully satisfied, said
Attorney or Marshal is fully authorized to enter satisfaction on
the docket of the court.
SEC. 3. In all prosecutions for the violation of any City Ordi-
nance, the trial shall be in a summary manner, but the accused
shall have the right to demand a trial by jury, and when a jury is
demanded the court before which the prosecution is had shall
forthwith issue a venire to the Marshal, or other officer in attend-
ance on such court, commanding him to summon a jury for such
trial, of six citizens free from bias toward either party, and such
jury shall be empannelled and the trial conducted in the manner
prescribed by law for either criminal cases tried before such court.
SEC. 4. That any person who shall wilfully and maliciously
offend against any provision of any Ordinance for the violation of
20 ORDINANCES
which a penalty is not otherwise provided, shall be subject 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 offender be confined in the City
Jail till such fine and costs be paid, or if the offender be a male
person over the age of sixteen years, 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 court 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 all persons prosecuted, and the
judgment of the court rendered in each case, together with the
names of the jurors who may serve, and of the witnesses sub-
poenaed and in attendance, and the time of service of each, and
shall return such statement to the City Auditor on the last Satur-
day of each month.
SEC. 6. The court before which any prosecution for the viola-
tion 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
persons prosecuted before such court, for such violation of the or-
dinances, the judgment rendered by the court in each case, together
with the names of the jurors who may serve, the names of the
witnesses subpoenaed and in attendence, the officer making
the arrest, and the officer serving subpo nas, the time of service of
each, and the pay to which the court, and each of such persons
are entitled according to the fee bill set forth in the next section;
all fines and fees collected by said court shall be paid into the City
Treasury and the receipt of the Treasurer therefor annexed to said
report.
SEC 7. That the following fees shall be allowed and paid by the
City to the court,
For each information filed
warrant issued
CC
CC
CC
Ct
CC
CC
dav's trial (6 hours)
Judgment rendered
Recognizance,
Mittimus,
Order of discharge,
Venire for jury,
$ 25
50
1 00
50
25
50
25
50
CITY OF DUBUQUE.
21
CC
Adjournment, 50
JURY TRIAL
For each juror in each case, - - 1 00
WITNESSES.
For each witness (per day,) exclusive of mileage 50
OFFICERS.
For each arrest (exclusive of mileage), - - 50
" Service of venire for jury, - - - 1 00
iC Cl subpoena (exclusive 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 person fined.
SEC. 8. All reports of the court, and of the Marshal, shall be
made 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.
SEC. 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 Thursday of each month, report to the Council the sever-
al items and gross amount of the fees to which each of the officers,
jurors, witnesses and the court may be entitled, which several
sums, unless found to be incorrect, the Council shall order paid to
the several persons entitled thereto. If there be any discrepancy
between the reports of the court and 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 Auditor or action thereon by the Council, as to items about
which there is no controversy, but the same shall be reported by
the Auditor and acted on by the Council without 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 adjudged to pay a fine 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 Marshal stating
22
ORDINANCES
therein substantially the judgment of the court and the amount of
costs taxed, and thereafter all fines or costs shall be paid to him,
and he shall execute the judgment of the court and make full re-
turn on each mittimus of his doings thereunder, and file the same
with the Auditor 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 punishment imposed for the violation of
any ordinance, but such remission shall be in writing, and address_
ed to the Marshal, and he shall return the same to the Auditor at-
tached to the mittimus under which he held the prisoner.
SEc. 12. That the basement of the east end of' the Central
Market House, in said City, is hereby declared to be the City
Prison of the City of Dubuque, and shall be so known and desig-
nated; said Prison shall be in the keeping of such person as the
Council may appoint, but under the control and supervision of the .
City Marshal ; and therein shall 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 Prison is constantly kept in a cleanly and
healthful condition; that strict attention is paid to the personal
cleanliness of all 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 clean-
liness, and with such food, in such quantity and at such times as
may be prescribed by the regulations for the goverment of said
prison.
SEC. 13. The Mayor of the City shall make such rules and reg-
ulations 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 the 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 tools and material as may be necessary for the doing
of the work prescribed, and may use such means as are necessary
to prevent escape, 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 any one 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 fifty cents for each day's im-
CITY OF DUBUQUE. 23
prisonment, but when sentenced to such prison at hard labor for
the 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 refuses to perform the labor required of him, the time during
which he refuses to labor shall not be 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 and communi-
cation with others while at labor and going to and returning from
the same, and may use such means as are necessary and proper
therefor, and any person 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-
lars or by imprisonment not exceeding three days.
SEC. 16. That chapter 53 of the Revised Ordinances be and is
hereby repealed.
SEC. 17. This ordinance shall be in force from and after its pub-
lication in the Dubuque Daily Times and National Demokrat,
newspapers published in the City of Dubuque.
AN ORDINANCE
To Establish and Maintain the Eagle Point Ferry.
SEC. 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 granted to Frederick Schreiner and his as-
signs within the limits and under the provisions, conditions and
restrictions following, viz: That the City of Dubuque for and in
consideration of the covenants herein contained hereby grants to
said Frederick Schreiner the license and privilege of keeping and
maintaining a steam ferry, to be known as the Eagle Point Ferry,
for twenty-five years from the first of March, A. D., 1870, across
the Mississippi river, between the City of Dubuque and easterly
side of the river, in the State of Wisconsin, the license and privil-
ege on the Iowa shore 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 street in Ham's addition to the City of Dubuque, and on
Ile north by the north end of said City, and is to be exclusive
within the limits aforesaid; and said Frederick Schreiner agrees
that on or before the 1st day of July from the passage of this or-
dinance he will commence and continue running at the place afore-
said a ferry boat sufficient to accomodate the traveling public and
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 convenience of the traveling public with
their freight.
It is further agreed that the City Council shall snake such rules
and regulations as they may deem necsssary and proper, and fix
from time to time the rates of ferriage from the Iowa side, but
that the City Council shall not fix the rates of ferriage lower than
the rates which may be fixed for the Dubuque and Dunleith ferry,
and in case the Council shall fix the ferriage lower than shall be
deemed profitable it shall be the right of said Frederick Schreiner
to abandon the license and privileges herein granted upon 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
Frederick Schreiner or his asigus to comply with all or any of the
terms and conditions of this ordinance shall be a forfeiture of all
his rights under the same, and that the City Council may, on ten
days' notice given to him under resolution, declare the same for-
feited.
Passed December 2d, 1869.
AN ORDINANCE *
Authorizing S. Chamberlain and others to construct, maintain and
operate Water Works, and supply water to the City and Citiz-
ens of Dubuque, defining their powers and privileges, and pre-
scribing their duties.
Be it ordained by the City Council of the City of Dubuque;
SECTION 1. That S. Chamberlain, J. W. Parker, II. W. Clark,
N. W. Kimball and R. J. Gibbs, their successors, associates and
assigns, as individuals or as a body corporate, under such name as
they may hereafter adopt, be and are hereby authorized to con-
struct maintain and operate water works in the City of Dubuque,
with proper structures, machinery, reservoirs, embankments, aque-
ducts, pipes and conduits to supply the said City and its citizens
with pure and wholesome water; to acquire and hold as by law
authorized, any real estate, easements and water rights either
within or without the City necessary to that end and purpose, and
to use street.s alleys, avenues and public grounds of the City, as it
is now are may hereafter be laid out and enlarged, exclusively for
the term of fifty -years from the date of this Ordinance, for the pur-
pose of laying therein pipes and conduits necessary to carry water
CITY OF DUBUQUE. 25
throughout the City. Provided, That such pipes and conduits
shall be placed below the surfrce, and so laid as not to to interfere
with or abridge the rights or privileges of the Key City Gas Com-
pany, or.the Dubuque Street Railway Company, or to interfere
with the present or future drainage of said City, and they may es-
tablish rules and regulations for and concerning the use of the
water from their works, and for and concerning the conduct of
such persons as may use the water, so far as respects its preserva-
tion ant use, and restraining the waste thereof, subject to review
and approval of the City Council.
SEc. 2. That before commencing work upon any part of any
street, alley, avenue, or any public grounds, they shall give the
street commissioner of the City at least three days thereof, notice
and during the progress of the work shall not unnecessarily ob-
struct any street, alley, avenue or public grounds, and shall com-
plete each part of the work therein as soon as practicable, and re-
store the same to as good and like condition as before the work
was commenced; and upon a failure so to do, or should the same
subsequently become out of good condition because of imperfect
repairs, then and in that case the City may cause the proper repairs
to be made, and may retain the costs thereof out of any moneys
then due or afterwards becoming due to said parties, and they
shall be liable for any injury to persons or property caused by the
negligence, mismanagement or fault of themselves or any of
their employees; and should the City be sued therefor, they or
some managing agent in their employ shall be notified of such suit,
and thereupon it shall be their duty to defend or settle the
same, and should judgment go against the City in any such suit
the City shall recover the amuont thereof, with all costs, from
the said parties, and the record of the judgment against the city
shall be conclusive evidence in the cause to entitle the city to re-
cover against them.
SEc. 3. They shall supply to the City upon the several streets
and avenues in which pipes and conduits may be laid at such points
as may be designated by the City Council, such quantity of water
as may be required by the City for fire purposes, and to that end
they shall at their own cost and expense erect and attach as many
hydrants and fire plugs (not less than seventy-five in number) as
the City Council may direct, and shall keep and maintain the same
in good repair, and protect them in winter so as to keep them
from freezing, each hydrant being so constructed that two distinct
attachments of hose can be made to it at the same time, the City
to pay for the use of the water from said fire hydrants as follows
4
26 ORDINANCES
For the first 100, $75 each per annum ; for all over 100 and less
than 200, $50 per annum. When 200 are in use the charge shall
be $60 each per annum for all, which shall continue to be the
charge until 300 shall be in use, when the charge shall be $50 each
per annum for all then in use. Said parties shall furnish free of
charge such quantity of water as said City may require for foun-
tains in both Jackson and Washington squares in said City, when-
ever said City shall erect such fountains, and pay them for the
cost of the additional pipe required to conduct the water to the
same; and they shall furnish to the citizens of the City upon the
several streets and avenues in which pipes and water courses may
be 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
price or sum that may be agreed upon,
than twenty-five per cent. in excess of
following schedule:
Banks`, per annum -
Bakeries - -
Barber shops, 1 chair - -
« each additional chair
Bathing house, per tub
Blacksmith shops, one fire -
�� each additional fire
Building purposes, per M brick
CC cc perch stone
Plastering 100 yards
Brewers and malt houses, per M. gallons
Distilleries, " " " - -
Founderies and machine shops, per M. gallons
Gas Works, per M. gallons
Locomotives,
Soap Factories
Tanneries,
Dwelling houses not exceeding 4 rooms
CCeach additional room
Hotels and boarding houses, each room
Offices, each - - -
Printing offices (engine extra)
Saloons, groceries and eating houses
Stable, livery, per stall up to six
Each additional stall -
Stables (private) per horse
CC CC
CC CC
« if
collect for the same any
which shall not be more
the price set forth in the
$10 00 to $15 00
10 00 to 25 00
- 8 00
3 00
10 00 to 15 00
3 00
1 00
10
10
40
20
20
20
20
20
20
20
8 00
1 00
1 00
5 00
10 00 to 20 00
- 15 00 to 40 00
3 00
2 50
- 300
CITY OF DUBUQUB. 27
Steam Engine, when water not taken by assessment, per
horse power - 3 00
Stores up to 20 feet front - 8 00
Cc 20to30 " - 1000
Water for sprinkling lot up to 50 feet, front, per tap - 2 00
Water for sprinkling lot 50 to 100 feet front, per tap - 4 00
Water for sprinkling lot above 100 feet front to be assessed
Fountains, private - - - - 5 00 to 25 00
Public buildings, churches, theaters, steam heating apparatus and
all uses not stated, to be assessed.
SEC. 4. That said parties may take the water for the supply of
the City and its inhabitants from the mouth of the level situate in
Bachelor Hollow, or on Mineral Lot No. 203, in Dubuque County,
Iowa, and shall commence the construction of the works 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 commenced, have at least six miles of water pipe laid down and
connected with said Level, and in operation; and at the expira-
tion of two years and six months at least ten miles of pipe so laid
and connected and in full operation ; and should they, because of
any want of care or diligence on their part, fail either :n the com-
mencement or prosecution of the work as in this section 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 wholesome
water in such quantity as they may desire and at the rates in this
ordinance provided for, then and in either case the rights and
privileges herein granted shall be forfeited, and shall revert to the
City; and should the City or citizens at any time, through the
wilfulness and carelessness of said parties, their successors or as-
signs, be deprived of the necessary water for thirty-six consecu-
tive hours, the said parties shall be liable to a forfeiture of their
rights under this charter, or at the election of the City they shall
forfeit all claim for payment for stipulated price for all hydrants
supplying water to the City for the period of one year. Provided,
that whether a substantial breach of any of the provisions of this
ordinance shall have been committed, shall be determined by a ju-
dicial declaration by a court of competent jurisdiction before a
forfeiture of their rights under this ordinance shall take place, or
their claim for 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 parties shall extend the same along any
street, alley or avenue in the City, whenever the City Council shall
28 ORDINANCES
order the same, and furnish to the City and its citizens along the
line of such street, alley or aveune in the City, whenever the City
Council shall order the same, such quantity of water as may be
required by them ; provided, that the City Council shall order at
least an average of one hydrant for every one thousand feet of
pipe, so extended to be attached for the use of the City, and to be
paid for by it as before in this ordinance provided, and said City
or its citizens also guarranty to such parties the use of such quan-
tity of water along the line of such street, avenue or alley as at the
rates above stipulated will produce a sum 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 parties shall so construct their reservoir at
the mouth of the level, that the drainage of the neighboring ra-
vines will not flow into the same; and if at any time during the con-
tinuance of this charter, the water of said level shall be unwhole-
some, or the quantity thereof insufficient to supply the demands
of the City, then said parties shall be required to furnish a suffi-
cient supply from the main channel of the Mississippi river north
of Seventh street in said City, and to construct and use for that
purpose engines and pumps of a capacity sufficient to force the
water through the pipes to any part of the City ; and when ever
said parties fail to furnish the quantity of water sufficient to sup-
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-
s;lution, forfeit the rights hereby granted.
SEc. 7. That at any time after twenty years, upon giving six
months' notice, 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 included 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 ascertained by five disinterested
persons, non-residents of the City, two of whom shall be chosen by
the City Council, and two by said parties, and the fifth by the four
thus chosen. Said ascertained price shall be subject to the accept-
ance or rejection of the City Council, and said parties shall not be
allowed to sell to any person, company or corporation, without
first giving the City Council the refusal to purchase at the same
rates offered by others; provided that no purehase shall be made
by the City Council until the terms agreed upon or settled by ar-
CITY OF DUBUQUE.
29
bitration as aforesaid shall be ratified by a majority of the legal
voters of the City at a special election to be held for that purpose.
SEc.8. That the works and property connected therewith
erected in pursuance of the privilege herein granted shall be ex-
empt from City taxation till the year 1873.
SEc. 9. This ordinance shall be in force from and after its pub-
lication in the Daily Times and National Demokrat, newspapers
published in the City 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
filed it shall be the duty of the Mayor to make a proclamation of
such acceptance, which shall be regarded as the consummation of
a contract with said parties under the terms of this ordinance for
a supply of water to the City and its citizens under the terms and
conditions herein provided.
Passed December 5, 1870.
PROCLAMATION.
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, stating that they accept the privi-
leges granted to them by the City Council of this City by an ordi-
nance entitled "An Ordinance authorizing S. Chamberlain and
others, to construct, maintain and operate water works, and supply
water to the citizens of Dubuque, defining their 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 between the City and said parties con-
templated by said ordinance.
In testimony whereof I hereto set my hand and cause the seal
of said City to be hereto affixed, this 16th day of December, A. D.
1870.
W. J. KNIGHT, Mayor,
Attest, C. G. HARGTJS, Recorder.
* Rates changed by ordinance of March 28, 1873.
AN ORDINANCE
To protect the Dubuque Water Works.
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That it shall be unlawful for any person, except
30 ORDINANCES.
such as the City may designate, to interfere with the valves, caps,
hydrants, or other apparatus of the Dubuque 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 and one publication in the Dubuque Daily Times and Iowa
Staats Zeitung.
Passed October 2d, 1871.
AN ORDINANCE
Granting to the Dubuque, Bellevue 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 City Council of the City of Dubuque:
That in consideration of the performance of the conditions here-
inafter specified the right, authority and permission are hereby
granted to the Dubuque, Bellevue and Mississippi Railway Com-
pany, their successors and assigns, and to the Dubuque and Minne-
sota Railway Company, their successors and assigns, to lay down
a single track of railway from the point where the center line of
Pine street intersects the center line of Eleventh street in said
City, thence along the center line of Pine street in an eastertly di-
rection to the west line of the old canal, thence southerly along
the west line of the old canal to the north line of Seventh street;
thence along the old levee to the north line of Sixth street; thence
along the old levee on the west side of the track of the Dunleith and
Dubuque Bridge Company to the north line of First street; thence
over and across First street the point where the center line of
the alley, between Main and Iowa streets, intersects the south
line of First street; thence along the alley.between Main and Iowa
streets in a southerly direction to the south line of Railroad av-
enue, and thence along or over any street, alley or public ground
to the southern boundary of the City, and forever thereafter main-
tain and use the same for the passage of locomotives, cars, and
trains of cars, 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 afford an easy passage for carriages
and other vehicles on either side of such track, and shall keep said
track properly ballasted and the space between the rails and to
CITY OF DUBUQUE. 31
the end of the ties so graded that carriages and other vehicles
may easily pass over the same.
2d. That on each side of each street or alley at the place where
said track crosses the same, the company which may lay down
or use the same shall construct and maintain suitable culverts and
drains that will admit the free passage of all water that may flow
down such 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 teams and wagons under said
track.
3d. That at the place 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 track shall, whenever di-
rected by the City authorities so to do, at its own cost and ex-
pense, grade such street, alley or levee to a level with such track,
and pave or plank the space between the rails, the entire width of
such street or alley in such manner as will afford an easy passage
for wagons and other vehicles.
4th. That said companies shall strictly comply with all reason-
able police regulations which the authorities of said City may es-
tablish in relation to the running of trains on said track within
the limits of said City.
5th. That this ordinance shall be in 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 the City, and the
publication of this ordinance in the Dubuque Daily Times at the
expense of said companies.
Passed February 2, 1871.
AN ORDINANCE*
To provide for the appointment of a Board of Assessors for the
City of Dubuque.
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That at the regular session of the City Council in
May, of each year, said Council shall appoint a Board of Assessors
consisting of three competent men, 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 a
bond in such sum as the Council may direct, and take and sub-
scribe the oath required of other City officers.
SEc. 2. Said Council may, by resolution, distribute the duties
and labors of the office among the several appointees in such man-
ORDINANCES
ner as it may think proper, and fix the compensation to be allow-
ed to each. But in the valuation of the property, said Assessors
shall act as a .Board and make a joint report to the Council.
SEC. 3. That chapter fourteen (14) of the revised ordinances
entitled "an ordinance to provide for the election of a City Asses-
sor be and is hereby repealed.
SEC. 4. This ordinance shall be in force from and after its pas-
sage and one publication in the official paper.
Passed March 2, 1871.
* Repealed by ordinance of March 11, 1874
AN ORDINANCE*
To amend an Ordinance entitled an Ordinance to provide for the
appointment of a Board of Assessors for the City of Dubuque,
Passed March 2, 1871.
Be it ordained by the City Council of the City of Dubuque :
That section one of the above named ordinance be so amended
as to read as folio ws :
SECTION 1. That at the regular session of the City Council in
May of each year, said Council shall appoint a Board of Assessors,
consisting of two competent men, 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 Council may direct, and take and
subscribe the oath required of other City officers.
SEC. 2.1 That this ordinance shall be in force from and after its
passage and one publication in the official papers of the city.
Passed May 3, 1872.
* Repealed by ordinance of March 11, 1874
AN ORDINANCE*
To extend the Limits of the Fire District in the City of Du-
buque.
Be it ordained by the City Council of the City of Dubuque;
SECTION 1. That all that portion of the City of Dubuque, boun-
ded on the north by 14th street, on the south by 5th street, on the
west by White street, and on the east by Washington street, be
and is hereby included within the Fire District of said City, and
that hereafter the provisions of chapter 34 of the revised ordi-
nances, entitled : An Ordinance to define the limits of the fire dis-
trict," be and are hereby extended and made applicable to the ter-
ritory included in said limits.
SEC. 2. That this ordinance shall be in force from and after its
passage and one publication in the official papers.
Passed March 2, 1871.
* This is an addition to chapter 34 of the 1st revised ordinances,
CITY OF DUBUQUE. 33
AN ORDINANCE*
Granting to the Iowa Pacific Railroad Company the Right of
Way through the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That in consideration of the conditions hereinafter
specified to be performed by said railroad company, the right,
authority and permission are hereby granted to the Iowa Pacific
railroad company, to lay down a single track of its road from the
point where the center line of Pine street intersects the center
line of ninth street in said city, thence on or beside the track of
the Chicago Dubuque & Minnesota Railroad Company on said
Pine street in a northerly direction to Seventeenth street, and
thence along the center line of said Pine street to the center line
of Twentieth street, thence along and over such streets, lanes and
alleys as have been or may hereafter be laid out on mineral lot
(314), three hundred and fourteen as marked and designated on
Potter's map of the City of Dubuque, to the center line of Eagle
Point avenue, near where said avenue crosses the Cooley creek,
and thence along or near the east side of said creek to Twenty-first
street, and thence by a continuation 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 near the division line be-
tween the Davis Farm addition and McCraney's second addition
to the City of Dubuque, to the northern limits of the City, with
privilege, right and authority to extend its line in a southerly di-
rection, and laying a single track from the initial point above des-
ignated, at the intersection of Ninth and Pine streets, along Pine
street to the west line of the old canal ; thence over and across
the old canal; thence in a southeasterly direction along or over
any street, alley or public ground of the city that has been or
may hereafter be laid out, to an intersection with the track of the
Dunleith and Dubuque Bridge Company, in the Dubuque 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 line on the plat hereto annexed, and
forever thereafter use and maintain the same for the passage of
locomotives, cars, and trains of cars upon the following conditions
to be performed by said company, viz :
1st. Said company. whenever required by the City authorities
shall, at its own cost, so grade any street or alley through 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 space between the rails and
5
34 ORDINANCES`
to the end of the ties so graded that carriages and other vehicles
may easily pass over the same.
SEC. 2. That on each side of each street or alley, at the place
where said track crosses the same, said company shall construct
and maintain suitable culverts and drains that will admit the free
passage of all water that may flow down such street or alley, and
at the place where said track may cross the old canal, said com-
pany shall, at its own cost and expense, construct an iron bridge
of such width, and in such manner as the City Council of said City
may direct.
SEC. 3. That at the place where said track shall cross any street
or alley, said company shall, whenever directed by the City au-
thorities so to do, at its own proper costs, grade such street or alley
to a level with such track, and plank or pave the space between
the rails the entire width of such street or alley in such manner
as will afford an easy passage for wagons and other vehicles.
SEC. 4. That said company shall strictly comply with all reas-
onable police regulations which the authorities of said City may
establish in relation to the running of trains on said track within
the limits of said City.
SEC. 5. This ordinance shall be in force from and after notice in
writing given to the Mayor of the City by the said company of its
acceptance of the provisions hereof, and after the publication of this
ordinance in the official paper at the expense of said company.
Passed March 9, 1871.
*Repealed by ordinance passed March 11, 1874.
AN ORDINANCE
To amend chapter thirty-one of the Revised Ordinances of the City
of Dubuque.
Be it ordained by the City Council of 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 :
SEC. 1. That the City Council may at any time appoint such
number of policemen and night watchmen as they may deem nec-
essary for the purpose of guarding and protecting the peace and
quiet of the City, and the lives and property of its inhabitants ;
and such policemen and night watchmen shall, while on duty dur-
ing the day time, be under the control and subject to the orders of
the City Marshal, but during the night time, and in the absence
of the Marshal, shall be under the exclusive control, and subject to
the orders of a Captain of Police, to be appointed by the City
Council, and such captain shall also be a policeman andsubject to
•
CITY OF DUBUQUE. 35
the orders of the Marshal, and shall report either to the Marshal
or City Council any neglect of duty on the part of any police-
man or watchman under his control.
This ordinance shall be in force from and after its passage and
one publication in the Dubuque Daily Times newspaper, published
in the City of Dubuque.
Passed September 7, 1872.
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 1. That the Mayor of the City is hereby empowered
at any time, and at all times, when he shall deem the exigences
require it, to appoint a Board of Health to be approved by the
City Council, to consist of three persons or less. The persons so
appointed may be removed by the Mayor or City Council at pleas-
ure; andothers appointed by the Mayor or by the Council. The
Board may be dissolved at any time by the Mayor or City Council,
and it shall be the duty of the Mayor to dissolve it when he deems
their services no longer necessary. When dissolved, if the neces-
city again arises, the same or a new Board may be appointed dur-
ing the same year or at any subsequent year.
SEC. 2. Said Board of Health shall exercise a general supervis-
ion over the City of Dubuque, with full power to take all steps and
use all means to promote the cleanliness and salubrity thereof; to
abate nuisances of every description on both public and private
property ; to adopt such measures as they may deem proper to
prevent the introduction or spreading of malignant, contagious or
infectious diseases; and to remove or otherwise dispose of any per-
son attacked by any such disease ; and any person who shall neg-
lect or refuse to obey any lawful order of said Board shall be lia-
ble to a fine of not less than five nor more than one hundred. dol-
lars.
SEC. 3. Whenever any contagious disease shall break out or be
found to infest the City, it shall be the duty of said Board to pro-
vide a hospital or place for the reception of all persons infected
with such disease, and remove all such persons to such hospital
without delay as can be removed, and also to provide, at the ex-
pense of the City, all necessary comforts and medical aid for the
inmates of the hospital, and for this purpose the said Board may
command the services of the county physician, and also employ
such other medical aid as they may deem necessary, and also em-
ploy such nurses, cooks and other help as may be necessary for
86
ORDINANCES
the proper police of such hospital, but if such person refuse to be
removed, or if his or her condition be such that in the opinion of
the Board removal would be attended with danger, said Board
shall take such measures as they may deem advisable to prevent
the spread of the contagion or infection, and to cause the diseased
person to receive proper and humane treatment. But in all cases
where the infected person refuses to go, or cannot be taken to the
hospital, such Board shall cause suitable notices, with the name or
character of the disease printed or written in large letters there-
on, to be posted up in the most conspicuous place on or near the
place of abode of such infected person, and require the occupants
thereof to maintain such notices there until said Board may dis-
continue the same ; and any person who shall tear down or de-
stroy such notices shall be fined in any sum not less than ten nor
more than one hundred dollars.
SEC. 4. That each and every physician who may be called upon
to attend any case of small pox, cholera or other contagious dis-
ease, or shall at any time hereafter, attend any such case, shall
within twenty-four hours after first seeing any such case, report
the same to the Mayor of the City or some member of the Board
of Health, stating the house or location where such case exists, in
order that precautionary measures may be taken to protect the
community against the spread of any such disease ; and any
physician attending upon any such case, within the City Limits,
who shall neglect or refuse to report the same as herein provided,
shall be subject to a fine of not less than ten nor more than one
hundred dollars.
SEC. 5. It shall be the duty of the Marshal, his deputy and the
Street Commissioner to obey and perform implicitly every order,
regulation and direction of said Board in all matters pertaining to
the duties of said Board, and in any matter relating to the health
of the City.
SEC. 6. This ordinance shall be in force from and after its pas-
sage and publication in the official papers of the city.
Passed November 7, 1871.
AN ORDINANCE
To prohibit Blasting Rock within the City Limits.
Be it ordained by the City Council of the City of Dubuque
SECTION 1. That it shall be unlawful for any person to blast
rock within the corporation limits of the City of Dubuque, with-
out first having obtained permission of the Committee of the City
Council on Streets so to do; and after such permission is granted
CIT i Ol' DUBUQTTE. 3'7
the work shall be done under any restrictions imposed by the
street committee, and it shall be the duty of said committee and
they are hereby authorized, if in their opinion the further contin-
uance of such blasting would be dangerous to life or property, to
notify such person or persons to discontinue such work.
SEC. 2 Any person blasting rock within such limits, or continu-
ing to blast rock after being notified by the committee on streets
to discontinue the same, shall be punished by fine not more than
one hundred dollars in each case.
SEC. 3. That this ordinance shall be in force from and after its
passage, and one publication in the official paper of the city.
Passed May 6, 1872
AN ORDINANCE
To License Omnibuses, and regulate the charges for conveyance
therein.
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That on complying with the conditions and reser-
vations herein stated, Lagen & Sons and their assigns shall, until
the lst day of January, 1877, have the exclusive privilege of run-
ning for hire omnibuses within said City, with the privilege of
running other conveyances where it is impracticable to run omni-
buses, for the purpose of carrying persons, passengers and travel-
lers, and their baggage upon the streets of the City, and to and
from the hotels, steamboat landings and railroad stations within
the corporate limits of said City.
SEC. 2. It shall be the duty of said Lagen & Sons and their
assigns to furnish all necessary and suitable omnibuses and con-
veyances for carrying persons, passengers, and travellers to any
part of the City, to run the same at all reasonable hours and in
such manner and at such times as will conveniently accommodate
the people of the City, and the passengers and travellers, arriving -
at and departing from the City, and also shall, in the performance
of said duties, employ competent, suitable and gentlemanly per-
sons to drive and have the charge of said omnibuses and convey-
ances.
SEC. 3. That the said Lagen & Sons and their assigns may
charge and receive the following rates and no more, viz: For each
person with his or her ordinary baggage carried to or from any
point in the City, not on the bluff, twenty-five cents. For each
person with his or her ordinary baggage carried to or from any
point on the bluff, one dollar for one passenger, if only one, if two
75 cents each, if three or over, fifty cents for each passenger on the
38 OR•DINANCES
same trip, and for each person over six and under twelve years of
age, half of the above rates may be charged and received.
SEc. 4. That the Council may direct and require an omnibus or
other conveyance to be run regularly by said Lagen & Sons, or
their assigns, on any of the streets in said City, and fix rates for
the same whenever the convenience of the public 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 Lagen &
Sons, or their assigns, to perform any of the conditions and stipula-
tions herein required, the Council may, on such failure being made
clearly to appear, repeal this ordinance at any time before the 1st
day of January, A. D. 1877.
SEC. 6. This ordinance shall be in force from and after its pas-
sage and one publication in the official papers of the City, at the
expense of said Lagen & Sons.
AN ORDINANCE
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 Dubuque, and giving
the right to locate the westerly end of said bridge on the outer
levee.
Be it ordained by the City Council of the City of Dubuque:
SECTION 1. That the right of way be and is hereby granted to
the Dunleith and Dubuque Bridge company across and along all
streets, alleys, levees, public grounds or property of the city of
Dubuque, with the right to lay proper tracks along the same, as
are embraced within the following limits, to wit : All streets,
alleys, levees public 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 ; thence along the west
side of said alley to Jones street ; thence northerly
along west side of Iowa street to Second street ; thence
to west side of inner levee ; 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 along west
side of Washington street to 18th street; thence easterly to the
main channel of the Mississippi river; also the right to abut the
westerly end of said bridge at the outer levee between 6th and 7th
streets, or on either of said streets ; reserving however to the
CITY OF DUBUQUE. 39
City. Council the right to make all needful and useful regulations
concerning the running of trains, the speed of the same, and all
other proper police regulations. 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
actually 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.
Sm. 2. That it shall be the duty of said Dunleith and Dubuque
Bridge Company, and their assigns, to keep up and maintain in
good order and repair all the crossings of the streets and alleys in
said City of Dubuque, also, to repair and restore to good order and
condition any and all sewers, curbs or other public improvements,
which may be injured, damaged or destroyed in constructing or
using said track or tracks.
Passed June 7, 1876.
INDEX.
PAGE.
Assessors —Board of 32
Board of Health 35
Blasting -Prohibition of 36
Dubuque Lumbermen & Manfrs' R. R. Co. —Right of Way4
Dubuque, Bellevue & Mississippi R. R, Co 30
Dubuque & Minnesota Railway Co. —Right of Way 17-30
Dunleith & Dubuque Bridge Co. —Right of Way 38
Dock's —Sectional 17
Eagle Point Ferry 23
Fire District -Extension of 32
Hewitt's Sectional Docks 17
Iowa & Pacific R. R. Co. —Right of Way 33
Landing —Public 16
Licenses 7
Livery Stables 7
Lumber Yards —In Fire District 11
Nuisances —Prevention of 3
Ordinances —Prosecution under 19
Omnibuses —The Charges for Conveyance Therein 37
Police —Appointment of 34
Public Landing 8-16
Streets and Alleys —Improvement of 12
Sidewalks —Improvement of 12
Taxes —Delinquent, Collection 6
Treasurer —Duty of 3-6
Water Works 24-29
Watchmen —Appointment of 34
Wharfage 8-16
Wood —Inspection of.. .. 8-15
u
ORDINANCES
PASSED BY THE
CITY COUNCIL
OF THE
CITY OF DUBUQUE
SUBSEQUENT TO
MAY 4, t872.
PUBLISHED BY ORDER OF CITY COUNCIL,
JANUARY 7, 1875.
DUBUQUE, IOWA:
DAILY HERALD STEAM PRINTING HOUSE,
1875.
CITY OFFICERS.
MAYOR:
A. H. PEASLEE.
ALDERMEN —FIRST WARD:
A. A. COOPER. P. LAGAN.
SECOND WARD:
JOHN LINEHAN. PHILIP PIER.
THIRD WARD:
J. O'HEA CANTILLON. J. WUNDERLICH.
FOURTH WARD:
J. W. PARKER. J. MACLAY.
FIFTH WARD: •
A. KAISER. GEO. FENGLER.
CITY ATTORNEY:
T. S. WILSON.
TREASURER:
D. RIORDAN.
AUDITOR:
JOHN D. JENNINGS.
RECORDER:
C. G. HARGUS.
ENGINEER:
W. W. KNOWLTON.
MARSHAL:
JOHN KINTZ1NGER.
RESOLUTION:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE:
That the following shall constitute and be denominated the " Second Re-
vision of Ordinances of the City of Dubuque," and shall . be published in
book form, with index as provided for in Section 8 of the City Charter, and
from and after such publication, shall be in force, and shall be received with-
out further proof, as presumptive evidence of such ordinances.
RESOLVED FURTHER, That all public or general ordinances, or parts there-
of, not included in the book denominated the "Revised Ordinances of the
City of Dubuque," or in the book denominated the " Second Revision of
Ordinances of the City of Dubuque," shall be repealed, so far as they con-
flict with the provisions thereof, but no fine, forfeiture, penalty, right, action,
suit, debt, or other liability whatsoever, created, instituted, incurred, or ac-
crued under the same, shall be released, discharged, annulled, repealed, or
in any wise affected, but may be prosecuted, recovered, or enjoyed, or any
suit or other proceeding be commenced or completed thereon as fully, and in
the same manner in all respects as if such ordinance, or part thereof, had
remained in full force.
Adopted January 7, 1875. A. H. PEASLEE, MAYOR.
ATTEST: C. G. HARGUS, RECORDER.
SECOND REVISION OF ORDINANCES.
AN ORDINANCE
To amend an ordinance to establish and regulate Markets, being
chapter 17 of the Revised Ordinances. •
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That it shall be unlawful for any person to have,
keep or expose for sale, at the Central Market, or on any street,
alley or sidewalk, or in any house, store or shop, within the limits
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 less
than one, nor more than five dollars.
SEC. 2. That it shall be unlawful for any person to have, keep
or expose for sale, at the Central Market, or in any house or shop,
or on any street, alley or sidewalk within the limits of the City of
Dubuque, any sheep, lamb, calf, hog, pig or other domestic animal,
with the legs of the same tied with a string, cord or rope; and any
person who shall be found guilty of such offence shall be fined not
less than one, nor more than ten dollars.
SEC. 3. This ordinance shall be in force from and after its pas-
sage and one publication in the official papers of the City.
Passed June 6th, 1871.
AN ORDINANCE
To amend an ordinance providing for the appointment of an In-
spector of Wood, and regulating the sale of wood for fuel, in the
City of Dubuque, passed.May 5th, 1870.
Be it ordained by the City- Council of the City of Dubuque:
SECTION 1. That section 10 of the above named ordinance be
and the same is hereby repealed, and that the following be and is
hereby substituted in its place and stead, as section 10 thereof.
SEC. 10. That Eighth street, between Clay and. White streets,
and White street between Seventh and Eighth streets, are hereby
set apart and established as a wood market for the. City of Du-
buque : and the Inspector of Wood is 'hereby required to attend
the same during business hours in the winter season, and measure
and inspect all wood that may be presented for measurement and,
inspection.
44 ORDINANCES
SEC. 2. That this ordinance shall be in force from and after its
passage and publication in the official papers of the city.
Passed June 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 Dubuque :
That section two of 'the above named ordinance be amended so
as to read as follows :
SECTION 2. If any person shall refuse or neglect to obtain a li-
cense, as provided by section 1 of said ordinance, any dog or bitch
owned or harbored by such person shall be considered a public
nuisance, and it shall be lawful 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 said 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 sum 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 be in force from and after its passage and
one publication in the official papers of the city.
Passed July 18th, 1872.
AN ORDINANCE
To amend section 1 of chapter 23 of the Revised. Ordinances be-
ing an ordinance in relation to Licenses.
Be it ordained by the City Council of the City of Dubuque :
That section 1 of chapter 23 of the revised ordinances be and is
hereby amended -by adding thereto, at the end thereof, the follow-
ing, viz :
But if such licenses be issued subsequent to the 1st day of April,
and 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 issue.
Passed August 1st, 1872.
AN ORDINANCE
To provide for the Collection of Special Taxes and Assessments
heretofore levied on Real Estate, in the City of Dubuque.
CITY OF DUBUQTTE. 45
Whereas, Special Taxes and Assessments 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 construc-
tion of side walks, and filling lots, to prevent stagnant water there-
on, in many cases remaining unpaid, and the process of collection
by suit at law is slow and expensive:
Therefore, be it ordained by the City Council of the City of Dubuque:
SEC. 1. That all suits of law brought by said City for the col-
lection 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-
struction of any sidewalk, or the filling of any lot, to 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 Council, of said City, on the
11th day of August, A. D. 1870, entitled an"Ordinance to provide
for improving streets, alleys and public landings and sidewalks in
the City of Dubuque," which is hereby incorporated into, and made
part of this ordinance.
SEC. 2. That all notices given, sales made, certificates and deeds
executed and delivered, and other proceedings had by said Treas-
urer, shall have the same validity, force and effect, as if such im-
provements were made, and such special tax or assessments levied
under the said ordinance of August 11th, 1870, and every purchas-
er at such sale, and every owner of property sold, shall have and
enjoy the same rights as are conferred by said ordinance of August
11th, 1870.
SEC. 3. That all ordinances of said City, so far as are in con-
flict with the provisions of this ordinance, be and the same are
hereby suspended, and this ordinance shall be in force from and
after its passage and one publication 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 the City Council of the City of Dubuque:
SEC. 1. That when by mistake, or wrongful act of the Treas-
urer and Collector, real property has heretofore been sold or shall
hereafter be sold for delinquent taxes, which was not liable to be
sold, or on which at the time of sale no tax was due and delin-
46 ORDINANCES
quent, or whenever real property has been or shall be sold, and
error made in describing such real property in the certificate, or
receipt issued to the purchaser, the City shall refund to the pur-
chaser the amount wrongfully collected of him together with
ten per cent. interest per annum, from date of payment to date of
refunding.
Passed August 1st, 1872.
AN ORDINANCE
To change the width of Sidewalks on parts of Grove and Pearl
streets, in the City 'of Dubuque.
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That thee he north line of 12t1: street xt s on the easterly side of nded
street, from the point where
westerly intersects the easterly side of Pearl street, northerly to
Grove street ; and the sidewalk
ws rle on o tshnsides
t he°f� terminus,rove et from
be and
its intersection with Pearl
are hereby established of the width of eight feet.
SEC. 2. This ordinance shall be in force from and after its pas-
sage and publication in the official papers of the City.
Passed September 5th, 1872.
AN ORDINANCE
To e unlawful with
Railroad Companies, in oth-
er property
rop the City of Dubuque:
proy
Be it ordained by the City Council of the City 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,
Car or other property, of any Railroad Company in said City,
shall be subject to a fine of not less than five nor more than fifty
dollars.
SEC. 2. That any person not an employee of such Company, or
an officer of the law, who shall at any place in'said City,
than the established Depots, get on or off any Engine, or Car of
any Railroad Company, in said City, whilst such Engine or Car is
in motion, or at any place in said City, get on any Engine or Car
of any Railroad Company without the consent, expressed or im-
plied of the person in charge of such Engine or Car, shall be sub-
ject to a fine of not less than one nor more than twenty dollars.
SEC. 3. The Mayor of said City may appoint as special police-
man for said City, (without pay) any watchman employed by any
Railroad Company in said City ; and such watchman after being
first duly sworn in by the Mayor, shall have full power and ahthor-
CITY OF DUBUQUE. 47
ity, with or without a warrant, to arrest and bring before the pro-
per tribunal any person found violating any provision of this or-
dinance.
SEc. 4. This ordinance shall be in force from and after its pas-
sage and one publication in the official papers of the City.
Passed September 5th, 1872.
AN ORDINANCE
To Regulate and Provide for the Dress to be Worn by the
Members of the Police Force, in the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque:
That the dress to be worn by the members of the police force of
the City of Dubuque, shall be as follows, viz :
SECTION 1. The full dress for all members of the Dubuque City
Police, for winter wear, shall be of navy blue cloth, pure indigo
dyed, and all wool.
DRESS COAT
SEC. 2. Marshal —Shall be a double breasted frock, buttoning
close up under the chin ; the waist to extend to the top of the hip
and the skirt to extend from two-thirds to three quarters of the
distance from the articulation of the hip joint to the bend of the
knee ; two rows of gold gilt police buttons on the breast, seven in
each row, placed in equal distance, the distance between each row
to be five and one-half inches at the top and three and one-half
inches at the bottom ; rolling collar of blue black silk velvet, to rise
no higher than to permit the chin to turn freely over it ; cuffs
three and one -halt inches deep, and to button with three small
gold -gilt police buttons at the under seam ; one pocket on each in-
side breast, and one pocket in each skirt behind, and one button at
the hip ranging with the lowest breast button, and one at the end
of each pocket, making four buttons on the back and skirt; the
body to be well wadded, and the body and skirts to be lined with
black Italian cloth, and the sleeves with light colored silesia.
SEC. 3. For Captains and Deputy Marshal, the same as for the
Marshal.
SEC. 4. Patrolmen and all other members of the force, the same
as for the Captains, except it shall be single breasted, with one row
of buttons on the breast, placed at equal distances; the collar will
be of the same material as the coat, the sleeves will be made with-
out cuffs, and no buttons will be worn on the seam.
PANTALOONS.
SEC. 5. The pantaloons shall be made for all members of the
force alike, and plain, with one hip pocket in addition to the ordi-
nary pockets.
48
ORDINANCES
VEST.
SEC. 6. The vest shall be made alike for all members of the
force; single breasted, buttoning high in the neck, with standing
collar, and eight small buttons placed at equal distances.
NECK TIE.
All members, of the force shall wear black silk ties.
CAPS.
SEc. 8. Same as used by Chicago City Police, Philadelphia pat-
tern, for all members except Marshal, Deputy and Captain, which
shall be distinguished from the others by bands of gilt lace five,
sixteenth of an inch wide at the base.
OVERCOAT.
SEC. 9. For Marshal —Shall be double breasted, buttoning close
up under the chin, with turn -over collar of blue black silk velvet,
the waist shall extend to one inch below the top of the hip, and
the skirt to three inches below the bend of the knee, and all edges
shall be swell, and stitched one -forth of an inch from the edge:
there shall be two rows of gold gilt police buttons on the breast,
five in each row, placed at equal distances, the distance between
each row to be six inches at the top and four inches at the bot-
tom; four buttons on the back and skirts, the two upper 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 cuff; there 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
of the overcoat shall be well wadded, and the body and skirt lined
with a light weight dark colored kerseymere or its equivalent,
and the sleeves lined with heavy light colored silesia.
SEC. 10. For patrolmen and all other members of the force, the
same as for the Marshal, except the collar shall be of same material
as the coat, and there will be no buttons worn on the under seam
of the cuffs.
SEc..11. The full dress for all members of the Dubuque City
Police, for summer wear, shall be navy blue blousing, pure indigo
dyed, and all wool. •
COAT.
SEc. 12. For the Marshal, Deputy Marshal and Captains, shall
be a single-breasted sack, buttoning close up under the chin, with
turn over collar of blue -black silk velvet, and one pocket on the
inside left breast. The sack shall extend one-half of the distance
from the articulation of the hip joint to the bend of the knee, and
shall have four gold gilt police buttons on the breast, placed at
SEC. 7.
CITY OF DUBUQUE. 49
equal distances, and three small gold gilt police buttons on the un-
der seam of each cuff. The body of the sack shall be lined with
black Italian cloth and the sleeves with light colored silesia, and
shall be made without wadding.
SEc. 13. For the patrolmen 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 un-
der seam of the cuffs.
PANTALOONS AND VESTS.
SEc. 14. For all members of the force 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 TIE.
SEc. 15. For all members of the force the same as prescribed
for winter wear.
INSIGNIA AND MANUAL.
SEc. 16. The star, buttons and book of' rules and regulations
club 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 returned to the office of the Mar-
shall at once, whenever any member shall sever his connection
with the force, in as good condition, natural wear and tear excep-
ted, as when received; and all members of the force will be re-
quired to pay for the loss or damage to same, which may arise
from their own wilfulness or neglect.
THE WEARING OF UNIFORM, INSIGNIA AND EQUIPMENTS.
SEC. 17. All members of the force will wear the prescribed uni-
form at all times when on duty, or when appearing i❑ public, un-
less especially authorized by the Marshal to appear in citizen's
dress, and when on duty the coat shall always be buttoned.
SEc. 18. The prescribed belt, club and star, will always be worn
when on duty, but at no other time : and the star will always be
carried about the person when off duty.
SEc. 19. The star will be worn outside on the left breast, and
the belt outside also, with the club in the frog.
SEC. 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 uniforms in a strictly neat condition, and their
uniforms and equipments in perfect order and repair.
SEc. 22. The time for changing from winter to summer dress,
and vice versa, will be designated by the Marshal.
SEC. _23. All members of the force will be required to have
7
5o
ORDINANCES
by
ittee on
their clothing e ofwh oh having first been e by the tailor dmade aesubject of com-
petition the price the Committee, and of cloth selec-
ted,petiti°n will be designated by
EC. 24heAllmaterial
members shallsuits
beselected
requiredytothe
pay for their uni-
rce from
forms.
SEc. 25. This orpassage oneshall take effect and be publication in the official paper of
and after its passag
the City.
Passed February 6th, 1873.
To amend chapter 23 of
Hance in relation to
dlers. q
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That no person shall, within the limits of the City of
Dubuque, hawk or peddle any goods, wares, merchandise, books
r any
to be
or other articles, or canvassfor
withrs out a° licensech for such pose,
thereafter delivered at retail,
under a penalty not sfo sale an or solici, nor ting orders forore than npresent
dol-
lars. The selling, offering articles, by
or future sale or present or future delivery of any suchr purpose
any person remaining transiently 1n the if bufor
sinesarticles,
or other -
aforesaid, whether in any temporary placefor
wise, shall be deemed a violation b°f this authorizedlbynthe MayorLicense
who
this purpose above statedYe
shall at his discretion fix the sum to be paid therefor and its
duration.
SEC. 2. That so much
be andhspter 23 her hereby repealed; and this aordis-
as relates to peddlers,
nance shall be in force from and. after its publication in the offi-
cial paper of the City.
Passed March 6th, 1873.
AN ORDINANCE
To establish Water Rates for the D que W f ater Company.
the
Be it ordained by the City Council of the qupresentative
SEC. 1. That the Dubuque Water Company,
of the rights conferred on S. Decemberrlain and others 5th, 1870, be and hereby
ordi-
nance of this City, passed
authorized to charge for private use of water in the City, accord -
AN ORDINANCE (being an the Revised Ordinances ( g
ordi-
license) so far as the same relates to ped-
CITY OF DUBUQUE.
51
ing to the following schedule of rates instead of the rates fixed by
that ordinance viz :
Banks, per annum
Bakeries, per annum -
Barber Shops, per annum, 1 chair -
(( CC (( each additional
Bath Houses, per annum ; per tub
Blacksmiths, each fire, per annum
Building purposes, per 1000 brick
,c ,, stone, per perch
Plastering, per 100 yards -
Breweries, Distileries, Foundries, &c
per gallon -
Daily from 1000 to 5000 gallons, per 100 gallons -
Daily over 5000 and under 10,000, per 100 gallons
Daily over 10,000, per 100 gallons - -
Hotels and boarding houses . For each sleeping room
Dwelling Houses not exceeding six rooms, per annum
Dwelling Houses, each additional room, per annum
Offices, each, per annum -
Printing offices, engine extra
Saloons, groceries and eating houses
Stables, livery, per stall up to six per annum
Stables, livery, each additional stall, per annum
Stables, private, per stall - -
Steam engine, per horse power, or assessed
Stores, dry goods, hardware, boots and shoes, books, etc., twenty
feet front - - - -
00
Dry goods, hardware, boots and shoes, books, etc., twenty to
thirty feet front - - 00
Sprinkling lot up to fifty feet front, per tap 4 to 2 to 5 0
Sprinkling lot from 50 to 100 feet front, per tap 0
Fountains, private - - - - 5 to 25 00
SEC. 2. This ordinance shall take effect from and after its pas-
sage and publication in the official papers of the City.
Passed March 28, 1873.
$10 to $15 00
10 to 15 00
8 00
chair - 3 00
10 to 15 00
3 00
10
10
- 40
Daily less than 1000 gallons,
- 05
- 04
03
02
Ito 150
8 00
1 00
5 00
10 to 20 00
15 to 20 00
300
2 50
300
- 3to500
AN ORDINANCE
Regulating Hack and Omnibus Drivers and Express Men and
Runners for Hotels.
Be it ordained by the City Council of the City of Dubuque :
SEC. 1. That from and after the taking effect of this ordinance,
it shall be unlawful for any driver of any hack, omnibus or ex-
52
press wagon, or any runner for any hack, omnibus or hotel, to
solicitt or
hhavingra badgny railroad e of metal ontheoright breast steamboat
of the outer
without a g
coat, br on the band of the hat or cap.
SEC. 2. The badge worn by hotel runners shall bear the name
ing
. That worn by
of the hotel
dri for which run they
the wordare t"Omnibus." sThat worn by
omnibus drivers
hack or expressmen, the word "Hack" or "Express," together with
the number of the hack or express wagon.
SEC. 3. Any person violating the provisions of this ordinance,
shall on conviction, be fined not less than one, nor more than five
SEo. 4. This ordinance shall be in force from and after its pub -
dollars.
lication in the official papers of the City.
Passed June 5th, 1873.
AN ORDINANCE
To Establish the Width of Sidewalks on Chestnut
Street
:
Be it ordained by the City Council of the City ofDubuque
SEo. 1. That the sidewalks on both sides of Chestnut street, in
the City of Dubuque be established eight feet wide.
Sc. 2. At ordinances
and hereby arts of repealed ordinances
so far as they apply to
withhthis ordinance are
SEc. 3. This ordinance shall be in force from and after its pas -
Chestnut street.
sage and publication in the official papers of the City.
Passed June 5th, 1873.
AN ORDINANCE
To Regulate the Sale of Liquors. y Dubuque Be it ordained by the City Council ofthe City of 4
SEC. 1. NO person shall,
within
exceptf or purpose City ofubuque, pu lY by himself,
his agent, servant, or clerk, ( or
ose
or sacramental) barter,
t or sell,exchange,
not , value, Tany vinous apiritoua
of for money, gain,y mixed,
anner,
yarzed byxicating a license,lquor whatever. undera penaltylofatensdollars
unless dulymalt
utho
SEC. 2. For each lycense to aofi oneuor there hundreds dolllars taxed and
for each offence.
and such
collected by the City the sum
licensewhen nityoclprotect
holderthereof
pro-
secution by any City officer the laws of the state for the
offence of selling intoxicating liquors.
ORDINANCES
CITY OF DUBUQUE. 53
SEC. 3. No person licensed under the provisions hereof, shall
by himself, his servant, or clerk, suffer or permit any person to
drink to excess or drunkenness in his premises, under a penalty of
not less than five dollars for each offence.
SEC. 4. No person licensed under the provisions hereof shall
keep open, or suffer 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 kept open one hour later; nor shall any person
with intent to avoid the provision hereof, open his said place of
business earlier than day light of each morning, under a penalty
of not less than five, nor more than twenty dollars.
SEC. 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 suffer any minor or intoxicated person to remain or loiter
in or about his premises under a penalty of not less than five dollars.
SEC. 6 No person licensed under the provisions hereof, 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 such person, that he or she is an habitually intox-
icated person, and requesting such person not to give, sell or deliver
him or her any liquor or beverage under a penalty of five dollars
for each offence.
SEC. 7. No person licensed under the provisions hereof shall suf_
fer any loud or boisterous talking, or obscene or profane language,
quarreling, singing, fighting or other disturbance 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 disturbance
of the peace and quiet of persons doing business or residing in the
neighborhood, under a penalty of not less than five dollars 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 his place of business, and may
take possesion of the keys and fastenings thereof, and shall have
power to turn out all persons found therein not belonging to the
premises.
SEC. 9. Every person licensed to sell liquor under the provi-
sions of this chapter, shall keep the license granted to him framed
and posted in some conspicuous position in his place of business,
under a penalty of five dollars for each day's failure so to do.
SEo. 10. Sections one to eight, inclusive, in relation to Saloon
Ih
54
Licenses of Chapter 23, of the revised ordinances are hereby
after its
ORDINANCES
repealed.
SEc. 11. This ordinance shall be in force from
publication in the official paper of the City.
Passed May 1st, 1873.
and
AN ORDINANCE
To change the name of Walnut Street, from Grove Street, west
to Prairie Street. Be it ordained by the City Council of the City of Dubuque
which com-
mencesSECTION. 1. That a certain street in said City,
t to
airie
reet, now and
etoat Grosand desireet gning nated d assWalnurstreet, shall hereafter
heretofore known g
be known and designated as Arlington street, and its name shall
be, and is changed accordingly.
SEC. 2. All ordinances and parts of ordinances heretofore passed
and conflicting with the provisions of this ordinance are hereby
SEc. 3. This ordinance shall be in force from and after its pas -
repealed.
sage and publication in the official papers of the City.
Passed July 3rd, 1873.
AN ORDINANCE
s
or
Aus in cer-
thorizing
lcase cahe ses, aneof amount less than the taxs and Town es, inter interest and cost
due thereon. q
Be it ordained by the City Council of the City of Dubuque:
SEo. 1 That 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 lands
and town lots which then remain liable for sale for delinquent
le and
taxes, and whichhave idders,e forore been three or offered
mo e years,public
wh sach sale
passed for wantt o
shall be in full for all taxes and special assessments before the day
of such sale levied on said lands and town lots.
SEc. 2. That in ascertainiag the interest and penalties to be paid
upon the redemption of such real estate from such sale, the sum
paid for any such piece or parcel of real estate sold under and by
virtue of the provisions of this ordinance, 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.
JJ
apply to such sale, and to the redemption of any real estate sold
by virtue of the provisions of this ordinance.
SEc. 3. The amount of taxes due on any real estate sold under
the provisions of this act in excess of the amount for which the
same was sold, shall be credited as unavailable tax to the City
Treasurer by the City Auditor.
SEC. 4. This ordinance shall be in force from and after its pub-
lication in the official papers of the City.
Passed July 3d, 1873.
AN ORDINANCE
Granting unto William W. Woodworth the right to erect an arch
over a portion of the Alley between Main and Iowa Streets, and
Vacating a portion of said Alley.
Be it ordained by the City Council of the City of Dubuque:
SECTION 1. That William W. Woodworth, his heirs and assigns,
are hereby authorized to build, and perpetually maintain, an arch
over the alley between Main and Iowa streets, separating City lots
five (5) and one hundred and ninety-six (196), for a distance of six-
ty (60) feet north from the north line of Second street ; the said
arch not to be less than eleven (11) feet in height from the grade
of the alley, to the under side of the crown of the arch.
SEC. 2. That so much of the alley between Main and Iowa
streets, as is included in a strip sixteen (16) inches in width along
the west side of said alley, running 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 arch
within s'.xty days from the passage of this ordinance, and that he,
his heirs or assigns, shall ever hereafter hold said City harmless
from all damages that may arise or be incurred. by reason of the
grant of the privileges hereby made.
'SEC. 3. This ordinance shall be in force from and after its pas-
sage and one publication in the official papers of the City.
Passed August 7th, 1873.
AN ORDINANCE
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 :
That Chapter Forty-nine of the Revised 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, Jacks, Jen-
56 ORDINANCES
nies, Hogs, Pigs and Geese, running at large within the limits of'
the City of Dubuque, are hereby declared to be a. public nuisance,
and it shall be the duty of the City Marshal to procure and estab-
lish a pound at such place as he may select within the City, and
to cause to be taken up and secured therein all Horses, Mares,
Mules, Jacks and Jennies, Hogs and Pigs of any age or description,
and all Geese, which shall be found running at large in any of the
streets, alleys, public squares, or landings of the City, and any per-
son who shall in any manner interfere with said pound without
authority from the Marshal, or shall injure, open, break, or de-
stroy such pound, with intent that any animal or animals con-
fined therein may be rescued or escape shall, on conviction, be
fined not less than five nor more than fifty dollars, with costs of
prosecution.
SEC. 2. That any Hogs, Pigs or Geese, taken up and confined
in said pound, and not claimed by owner thereof in 24 hours, shall
be sold at public auction to the highest bidder for cash, public no-
tice of such sale having been given by written notice posted in
three public places in the City, and any Horse, Mare, Mule, Jack
or Jenny, taken up and confined in said pound and not claimed by
the owner within five days, shall be sold at public auction to the
highest bidder for cash, public notice of the time and place of such
sale having been given by publishing the same for at least five
days in the official paper of the City, provided that no sale of any
Horse, Mare, Mule, Jack or Jenny shall be made before the tenth
day of the impounding of such animal, and the money arising from
any such sale snail be paid into the City Treasury, after deducting
therefrom the Marshal's fees with cost of keeping and sale. If the
owner or owners of any animal impounded shall claim the same
❑ of
thee Marshal before the sale, pay the charges of taking up, keeping
and advertising, and shall prove ownership to the satisfaction of
the Marshal, such animal shall be delivered to said owner. If in
ono month after the sale of any animal as herein provided, any
person shall prove ownership to the satisfaction of the Marshal, he
shall make a certificate of the amount paid by him into the City
Treasury, from the proceeds of such sale, and on presentation of
such certificate to the Recorder he shall draw an order on the Treas-
ury for the amount.
SEC. 3. The City Marshal shall be entitled to demand and re-
ceive the sum of one dollar for each Horse, Mare, Mule, 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 for keep-
ing, and twenty-five cents for notices of sale, and ten per cent on
CITY OF DUBUQUE. 57
the proceeds thereof to be paid by the owner or deducted from
the proceeds ; and shall report once in each month to the City
Council any proceedings by him under this ordinance.
SEC. 4. This Ordinance shall be in force from and after its pas-
sage and publication in the official papers of the City.
Passed August 7th, 1873.
AN ORDINANCE
To change the name of Lorimier avenue to that of Julien avenue.
Be it ordained by the City Council of the City of Dubuque :
SEC. 1. That a certain street in said City which commences at
Bluff street, 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 Julien avenue, and its name shall be, and is, changed
accordingly.
SEc. 2. That Chapter 58 of the revised ordinances and parts of
ordinances and resolutions heretofore passed, which are in conflict
with this ordinance are hereby repealed.
SEC. 3. This ordinance shall be in forco from and after its pub-
lication in the official papers of the City.
Passed Oct. 2d, 1873.
AN ORDINANCE
To regulate the running of Railroad Trains and Engines in the
City of Dubuque.
Be it ordained by the City Council of the City of Dubuque :
SEC. 1. That no railroad train or engine, with or without cars
attached, shall be run within the limits of the City at a greater
speed than six miles an hour.
SEC. 2. That the engineer of every engine, while running with_
in the City limits, shall cause the bell to be rung constantly while
such engine is in motion.
SEC. 3. That no Railroad Company, nor any officer or employee
thereof, shall allow any engine, car or train, to stand on the cross-
ing of any street within the City, in such manner as to obstruct
the passage of teams, or persons passing on foot, over such railroad
track, longer than five minutes at any one time.
SEC. 4. That any Engineer or other person in charge of an en-
gine, who shall violate the lst or 2nd sections of this ordinance,
and any officer, conductor, engineer, agent, or employee of any
Railroad Company, who shall violate the third section of this or-
dinance shall, upon conviction thereof, be fined not less than five
8
ORDINANCES
58 whose
fiftydollars, and any Railroad Company
nor more than en ot
officers, agents, or employees, shall
foroleah offenseiaops of thispenalty
of
ordinance, shall forfeit and pay
twenty-five dollars to be recovered before any court havig su inthereof.
SEC. 5. This ordinancshall of b the in
force from and afterpub-
diction
C
lication in the official papers
Passed Nov. 6th, 1873.
AN ORDINANCE
To regulate the manner of Changing Grades in the City of Du -
Be ubuue
Be it ordained by the City Council of the li City on isD made to the City
SECTION 1. That whenever any appatgrades of any street, alley,
Council to change any of the established b
dein the City of Dubuque, theCity
Couyncil shall,
if f or highway deemed expedient by them to change such grade,
direct the City Engineer to prepare from an actualsurvey
r eypra prod -
file showing the established grade, and also the grade
profile shall be filed in the office
and file the samehatwith the a Cityu p Recorder. an adn the o ene
SEc. 2. That as noon as such p
shall give public notice by s
forof the leastRecofive, days in the official papers, that such proposed
at efive
change of grade will be considno�dless tthe next
fifteen meetingof the City after then
Council, which shall be held and that all person
publication of such notice ; grade,
date of the first p proposed change of
claiming d tires by
reason of such 1 p with the
must file their claim for damages before such meeting,
City Recorder.
served by the Marshal, on the occu
SEC. 3. That the City Recorder shall also cause printed or writ-
ten copies of such notice to besuch proposed change of grade
effected by p p
on the lineh the strng avenue or highway, by leaving such
on of the street, alley,
notice at the dwelling or place of business of such occupant at
least ten days before the meeting of the City Council.g
SEc. 4. That the City Council
eS shall, ntion of fifteenrdaysa from meetinthe
which shall be held after the p
have been
fired, publication ion of such nor changee, if no claims for of grade, and to either her estabe -
lish proceed to consider theand in case the change b
lira or reject the proposed change,n the grade es-
tablished,
to order the same aclaimto be er for damages bbe $led,
by
the City Engineer, and in case any
further action upon such proposed change shall be postponed from
CITY OF DUBUQUE.
59
time to time until the proceedings for the appraisment of damages
are had as prescribed in the next section.
SEc. 5. In case any claim for damages be filed the Recorder shall
forthwith notify the claimant or claimants to appoint an appraiser
of such damages, within ten days from the date of the service of
such notice, which notice shall be in writing, signed by the Recor-
der, and shall be served by the Marshal, who shall serve said no-
tice in the same manner as original notices are served, and forth-
with return said notice to the Recorder, with his certificate of ser-
vice endorsed thereon.
In case such appraiser be appointed by the owner or owners, the
Mayor shall, on the same day, appoint an appraisor on the part of
the City. In case no appraiser be appointed by the owners of such
property, or in case the appraisers appointed by the owner 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 as the case may be.
SEc. 6. At the next meeting of the City Council held after the
appraisment of damages shall be completed and returned to the
City Recorder, the same shall be considered and if such apprais-
ment be annulled, all previous proceedings shall be void, and no
farther proceedings shall be had in the matter. But if such ap-
praisment be confirmed an order of confirmation shall be entered
and the City Engineer shall record the proposed change of grade
in the grade book, and from and after the recording of said new
grade, the same shall be the established grade of said street, alley,
avenue or highway. Upon the entering of the order of confirma-
tion of such appraisment the Recorder shall forthwith furnish the
Treasurer with a certified copy thereof, and 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 the Treasury shall
be equivalent to payment.
SEc. 7. All claims for damages presented under this ordinance
shall be in writing, and shall specify the property for which dam-
ages are claimed, and shall also state the name and residence of
the owner of the premises.
SEC. 8. This ordinance shall be in force from and after the pub-
lication thereof in the official papers of the City.
Passed Nov. 6th, 1873.
60
ORDINANCES
AN ORDINANCE
To repeal the License required of Wood Dealers. ue
Be it ordained by the City Council of the City of 4
SEC, 1. That an ordinance adopi�led an ordinance to ad by the City mend an
on the
11th day of August, A. D. 1870, e1870, entitled an ordinance
ordinance passed the 5th day of May,
providing for the appointment of an Inspector of Wood, and reg-
ulating the sale of wood
for
fuel in the City of Dubuque, be and
the same is hereby rep
SEc. 2. This ordinancend afteraits publication inn first and after the
the official papers
day of April, 1874,a
the City.
Passed March 5th, 1874.
AN ORDINANCE
To provide for the Assessment and 'Collection of Taxes in the City
of Dubuque. q
Be it ordained by the City Council of the City of Dubuque
ssion of
SECTION 1. That at, the regular
gnu l shall appoint a Board of e City Council, in
January of each year, citizens of said City, who
Asses-
sors consisting of two competent men,
shall perform all theof autiecid prCity escribeSaid Assessors shall each give
lawsd for the City Assessors by the
and ordinanceb
a bond in such sum as the Council may direct, and take and sub-
scribe the oath required of other City
ti rc rstribute the duties and
s.
SEC. 2. Said Council may,by re
labors ofmay the nk proper, a nd fix the compensation to be allowed to
ethe several appointees in such manner
ach.
it thin
each. But in the valuation of the property said Assessors shall
rn to t
e
act as a he Au hoar shall, onke a joint rorubefore the 15th Council.
SEC.of 3.SEC.T
Janu-
ary, of each year, deliver to each of said Assessors, a suitable plat
of the City, and of each addition thereto ; and of each sub -division
of any town lot, or mineral lot on which to check each parcel of
land assessed, and suitable books properly ruled and headed, in
which to enter the following items : soci-
lst. The name of the individual, rpatiion, shall be taxable.
ety, partnership or firm, to whom any according
2nd. His t orm their lands
ot oror part ors sub divsion sion thereof thereof, or
to the system of
township, range, and section, or part of section, and when such
land is not a congressional division or sub -division, town lot or sub -
CITY OF DU13UQIIE.
61 Neil
division thereof, mineral lot or sub -division thereof, by some other
description sufficient to properly identify it.
3rd. Personal property as follows : Number of Cattle, number
of Horses, number of Mules, number of Sheep, number of Swine
over six months old, number of Carriages, and Vehicles of any de-
scription, with separate columns for value of each ; value of Merch-
andise, amount of capital employed in Manufactures, amounts of
Moneys and Credits, amount 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 uten-
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 upon the discharge of the
duties of his office on the third Monday in January 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 furnished him for that purpose, the several items specified
in the preceding section, entering the names of the persons assessed
in alphabetical order, so far as practicable, by alloting to each let-
ter its requisite number of pages in each of the said books.
SEC. 5. The Assessors shall list every person in the City, and
assess all the property, personal and real therein, except 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 next section, shall be fined the
sum of one hundred dollars, and the Assessor shall assess such
person according to the best information he can get.
SEC. 6. The Assessor shall administer an oath or affirmation to
each person assessed to the effect that he has given in a full, true
and correct inventory of all the taxable property owned by him,
and all property which he is required by law to list, to the best of
his knowledge and belief; and in case any one 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 required 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 by law exempt from taxation for
State and County purposes shall be omitted from the assessment
'\
11 IIIIIIIIIII
62
herein required. All other property, real or personal, is subject to
taxation in the manner directed. Ferry franchises fort e pur-
poses of this ordinance are considered as realwpropertYher ; srsersess,
Cattle, Mules, Asses, Sheep, Swine and Money, re en Y posses
la-
on or on deposit, and including bank bills, money, p p
or
ibor due, from solvent debtors, on contract or on judgment ; mort-
gages and other like securities, and accounts bearing ng interest, recea d
every description of conveyance of property g propertyreceived
ed as
r indebtedness ;
security for moneyloaned
or to anyBankor Company incorporated•
ted in the City belonging of
s or any
or otherwise, whethock�corpl�an�,lunder househohd furn�turehncluding
other State, public jewelry,
iv and silvers fors theircal instruments, value exceeding three hundred dollars,
private libraries
farming utensils, machines,
pines, and machinery, nd professional achines and every description of vehicle,
farming libra-
ries for their aggregate value over three hundred dollars ; boats
ensed,
and vessels of every description wis State or sothether registered s frowned
and whether navigating the waters
of th
either wholly or in part by inhabitants of this City, to the amount
SEc. 8, The term "credit" as used
rin this l
owned in this City.
valuable thing,
every claim and demand for money, labor
or or other
ney
e at
d periods
and every annuity ores�manyok ndraecuredlby deed,emortgage
and all money or property of
or otherwise ; but pensions of the United States, or any of them,
and salaries or payments expected for services to be rendered, are
not included in the above term. of full age and sound
SEC. 9. Every inhabitant of this City,
ect to
mind, shall assist l�heichrin he islistinthe owng lerl porphas� heblontrol
taxation in this C y, of wh
or management, in listed the
by h s hereinafterrdianoflaected : m the
his rty
of a ward is to beand if not, by the
fath-
er, if living ; if not by his mother, if living,
person having the property in charge ; of a married woman, by
herself' or husband; of a beneficiary for whom property is held in
trust by the trustee ; and the personal property of a decedent by
the executor ; of a body corporate, company, society or partner-
ship, by its principal accounting officer, agent or partner. Property
under mortgage or lease is to be listed by and taxed to the mortga-
gor or lessor, unless it be listed by the mortgagee or lessee.
ng and
SEC, 10. Commissionn� d assagnees authorized toerchnts, and all sselltrawlhen the
dealing on commission,
ORDINANCES
ra0
CITY OF DUBUQTTE.
63
owner of the goods does not reside in the City are, for the pur-
pose of taxation, to be deemed the owners of the property in their
possession.
SEC. 11. Any person required to list property belonging to an-
other, shall list it separately from his own, giving the Assessor the
name of the person or estate to whom it belongs; but the undivi-
ded property of a person deceased belonging to his heirs may be
listed as belonging to his heirs without enumerating them. Ariy
individual of a partnership is liable for the taxes due 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 the Mississippi river, shall be subject
to assessment and taxation on the same basis as the property of
individuals. All the property of any railway company lying
within this City, whether real or personal, exclusively used in the
operation of such railway, shall be assessed upon the basis of the
statement returned each year by the executive Council, to the
Auditor of this County, and all such railway property shall be tax-
able upon such assessment at the same rates by the same officers
and for the same purpose as the property of other individuals
within the City.
SEC. 13. No real estate used by railway corporations for road
beds shall be included in the assessment to the owners of the ad-
jacent property, but all such real estate shall be deemed to be the
property of such companies for the purpose of taxation. Nor
shall real estate occupied for and used as a public highway or
street be assessed and taxed as part of adjacent lands, whence the
same was taken for such public purpose, provided such highway or
street be of record as having been donated to the public.
SEC. 14. All property, real and personal, including their fran-
chises, owned by telegraph, express and steamboat companies,
shall be listed, and assessed for taxation, and shall be subject to
the same levies as the property of individuals.
[Section 14 amended by ordinance passed Nov. 2, 1874.1
SEC. 15. All taxable property shall be listed and assessed each
year in the name of the owner thereof on the first day of January.
SEC. 16. Depreciated bank notes, and stock of corporations
and companies, shall be assessed at their cash value; credits shall
be listed at such sum as the person listing them believes will be re-
ceived or can be collected thereon, and annuities at the value
which the person listing them believes them to be worth in mon-
ey.
64 ORDINANCES
SEC. 17. In making up the amount of money or credits which
any person is required to list, or have listed and assessed, he will be
entitled to deduct from the gross amount all debts in good faith
owing by him but no acknowledgment of indebtedness, not foun-
ded on actual consideration, and n o such acknowledgment made
for the purpose of being so deducted, shall be considered a debt,
within the intent of this section ; and so much only of any liabil-
ity of such person as security for another shall be deducted as the
person making the list believes he is equitably or legally bound to
pay; and so much only as be believes he will be compelled to pay
on account of the inability of the principal debtor ; and if there
are other sureties able to contribute then so much only as he in
whose name the list is made will be bound to contribute ; but no
person will be entitled to any deduction on account of any obliga-
tion of any kind given to any insurance company for the premiums
of insurance, nor on account of any unpaid subscription to any
institution, society, corporation or company ; and no person shall
be entitled to any deduction on account of any indebtedness con-
tracted for the purchase of United States bonds or other non-taxa-
ble property.
SEc. 18. Any person owning orwhaving thoritypossession,
to sell the same,
un-
der his control, within this City,
any personal property purchased with a view of its being sold at
a profit, or which has been consigned to him from any place out of
this City, to be sold within the same, shall be held to be a mer-
chant for the purpose of this ordinance. Such property shall be
listed for taxation, and in estimating the value thereof the mer-
chant shall take the average value of such property in his possess-
ion or under his control, during the next year previous to the time
of assessing, and if he has not been engaged in the business
so long
o g,
he shall take the average during such time as he sh
a,ll havebn
so engaged, and if he be commencing he shall take the value of
the property at the time of assessing.
SEC. 19 Any person who purchases, receives or holds personal
property of any description, for the purposeof adding to the value
thereof by any process of manufacturing,packingof meats, refin-
ing, purifying or by the combination of different materials with a
view of making gain or profit by so doing, and by selling the same,
shall be held to be a manufacturer for the purposes of this ordi-
nance; and he shall list for taxation the average value of such
property in his bands, estimated as directed in the preceding sec-
tion; but the value shall be estimated upon those materials only
which enter into the composition or manufacture.
CITY OF DUBUQUE. 65
SEC. 20. Any person acting as the agent of another and having
in his possession or under his control or management any money,
notes and credits, or personal property belonging to such other
person, with a view to investing or loaning, or in any other man-
ner using the same for pecuniary profit, shall be required to list
the same at the real value; and such agent shall be personally lia-
ble for the tax on the same. And if he refuse to render the list
or to swear to the same, the amount of such money, property,
notes or credits may be listed and valued according to the best
knowledge and judgment of the assessor, subject to the provisions
of section six of this ordinance.
SEC. 21. All shares of the banking associations doing business,.
within this City, which are organized within this state, pursuant
to the provisions of the act of Congress to procure a National
Currency, secured by the pledge of United States Stocks, and to
provide for the circulation and redemption thereof, held by any
person or body corporate, shall be included in the valuation of the
personal propertyof such person or body corporate in the assess-
ment of taxes in this City, whether the holder thereof resides
here or not ; but not at a greater rate than is assessed on other
moneyed capital, in the hands of individuals.
SEc. 22. The principal accounting officer of each of such asso-
ciations, between the first and fifteenth days of February, of each
year, shall list the shares of such association, giving the assessor
the name of each person owning shares and the amount owned by
each on the first day of January preceding ; and for the purpose
of securing the collection of taxes assessed upon said shares, each
banking association shall be liable to pay the same as the agent of
each of its shareholders under the provisions of section twenty of
this ordinance, and the association shall retain so much of any
dividend belonging to any shareholder as shall be necessary to pay
any taxes levied upon his shares.
SEc. 23. If at any time Congress shall amend the acts aforesaid,
then said Assessors shall assess the shares in any such National
Bank in . such manner as to conform to such amended act of Con-
gress ; provided that such shares shall not be assessed at a greater
rate than is imposed by law on other moneyed capital in the hands.
of individuals in this City.
SEC. 24. The Board of Assessors shall, on or before the first
day of June, in each year, complete the said assessment book, and
so notify the Council. Said book shall have the several columns
of numbers and value correctly footed up, and the amount of per-
9
66
sonal property assessed oteach person carried forward into a col-
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 lawful to a bess such real e at the head of the
con-
necting therewith any name ;utinscribing
page the words "owners unknown." And such property, whether
lands or town lots, or mineral lots, shall be listed as near as practi-
cable in the order of the numbers thereof; and no one description
shall comprise more than one town lot, or mineral lot, or number of
any subdivision thereof, or more than the sixteenth part of a sec-
tion or other smaller subdivision of the land according to the gov-
ernment surveys ; except in cases where the boundaries are so
irregular that it cannot be described in the usual manner in accord-
ance with such surveys.
SEo. 26. If any Assessor shall fail or neglect to perform any of
the duties .required of him by this ordinance, at the time and in
the manner specified, he shall be liable to a fine of not less than
twenty, nor more than one hundred dollars, to be recovered in an
action brought in the name of the City, and the judgment shall be
against him and his bondsmen.
SEC. 27. The City Council shall, at the regular meeting in June
in each year, appoint a Committee on Assessments, consisting of
ttee shall
tute a
one Alderman from eequalization of taxesu and shall h war. Sch lhave powerntolequal-
board for the aqua
ize the assessments of all tax payers by
ncreasinor the entire rsdimrn sh not
g
the valuation of any kind of property,
any tax payer, as they may deen just and necessary for the equita-
ble distribution of the burden of taxation upon all the property of
thesessors
ll
mi Cee. ; and
e Auditor shall Board bes the Clerkaof msuch Committee, and
Com-
mittee. Th
keep a record of their proceedings.
SEc. c The Auditor shall,
on the receipt of the assessment
the Committee on assessments,
book, as corrected and approvedby
give notice in two of the newspapers of
f the
said havi
is ng
ready
the
lar-
ok
gent circulation within the City,
thator
the inspection 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 to the Council for correc-
tion estate, or personal property may appeal
: 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 orappealsuntil the expiration of
one month from the date of such
ORDINANCES
CITY OF DUBUQTTE.
67
SEc. 29. Any person considering himself aggrieved by the ac-
tion of the Board of Assessors may appeal therefrom to the City
Council ; and any tax payer of the City may appeal from the
assessment made by the Board of Assessors against any other tax
payer to the City Council on the ground that such assessment is
too low. All such appeals shall stand referred without action of
the Council to the Committee on Assessments who shall hear such
appeal, and report their proceedings to the Council with such re-
commendations as shall seem proper; and the action of the City
Council in the premises shall be final. Provided, that no assess-
ment 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.
SEC. 30. The City Council shall, at the first regular meeting in
January, in each 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 September, in each year,
the City Council shall levy the requisite tax for the current year,
which shall be done by resolution, specifying the per centage of
tax to be raised for current expenses of the City, and also the per
centage of tax to be raised for the purpose of paying the debts of
the City. They shall also at the same time, and in the same man-
ner, levy a tax upon the property within the limits of the protec-
tion or benefits of the water works sufficient to pay off the water
rents due the Dubuque Water Company under their contract with
the City.
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 columns the different taxes levied by the Council, carrying
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 be
subscribed by the Mayor, and attested by the Recorder, with the
seal of the City affixed thereto, and deliver the same to the Treas-
urer, taking his receipt therefor; and such list shall be full and
sufficient authority for the Treasurer to collect the taxes therein
levied. But no informality therein, nor the want of any of the
1110
110
68 ORDINANCES
signatures of either of the officers above mentioned, nor failure to
affix the' seal of the City, and no delay in delivering the tax list
after the term above specified, shall affect the validity of any
taxes, or sales, or other proceedings for the collection of taxes
under this ordinance.
SEC. 34. The Auditor may correct any clerical error in the as-
sessment or tax book, and shall make any correction therein when
directed by the City Council; and when any such correction affect-
ing the amount of tax is made, after the books shall have passed
into the hands of the Treasurer, he shall charge. the Treasurer
with all sums added to the several taxes, and credit him with all
deductions therefrom and report the same to the Council.
SEC. 35. The Auditor, when making up the tax Book of the
City, and before said book is placed in the hands of the City Trea-
surer for collection of the, taxes therein, shall designate each piece
or parcel of real estate sold for taxes, and not redeemed, by wri-
ting in a plain manner opposite to each such piece, the word "sold."
SEC. 36. The Treasurer shall, upon receipt of the tax book, give
notice in the papers of the City, continued for one month, that he
is prepared to receive the taxes, and that all persons paying their
taxes before the first day of January next following the levy of
such tax, shall be entitled to a reduction of five per cent upon
the amount of their taxes, and all taxes unpaid on the first day of
January shall be delinquent and shall bear interest from and after
that date.
The Treasurer shall continue to receive taxes after they become
delinquent, until collected by distress and sale, but if they are not
paid before the first day of February he shall collect the same in
the manner hereinafter provided.
SEC. 37. The Treasurer, on receiving the tax book for each year,
shall enter upon the same in separate columns, opposite each parcel
of real property or person's name, on which or against whom any
tax remains unpaid, for either of the preceding years, the year or
years for which such delinquent tax so remains due and unpaid ;
and any sale for the whole or any part of such delinquent tax, not
so entered, shall be void.
SEC. 38. The Treasurer, after making the above entry, shall
proceed to collect the taxes, and the list shall be his aQ Poor sy and
justification against any illegality in the proceeding
re-
ceiving the list, and he is also authorized and required to collect,
so far as practicable, the taxes remaining unpaid 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," notify such person that
inch property has been sold for taxes, and inform him for what
saxes said property was sold, and at what time said sale was ef-
fected.
SEC. 40. The Treasurer shall certify in writing the entire
amount of taxes and assessments due upon any parcel of real
estate, and all sales of the same for unpaid taxes or assessments
shown by the books in his office, with the amount required for re-
demption from the same, if still redeemable, whenever he shall be
requested to do so by any person having any interest in said real
estate, and be paid or tendered his fees for such certificate at the
rate of fifty cents .for the first parcel, and twenty five cents for
each subsequent parcel. Each description in the tax list shall be
reckoned a parcel in computing the amount of such fees.
SEC. 41. Such certificate, with the Treasurer's receipt showing
the payment of all taxes therein specified, and the Auditor's certifi-
cate of redemption from the tax sales therein mentioned shall
be conclusive evidence for all purposes, and against all persons,
that the parcel of real estate in said certificate and receipt descri-
bed, was at the date thereof, free and clear of all taxes and assess-
ments, except sales whereon the time of redemption had already
expired and the tax purchaser had received his deed.
SEC. 42. For any loss resulting to the City, or to any tax pur-
chaser or tax payer, from an error in said certificate or receipt, the
Treasurer and his sureties shall be liable on his official bond.
SEC. 43. The Treasurer shall assess any property subject to
taxation which may have been omitted by the Assessors, Board
of Equalization or Auditor, and collect taxes thereon ; and in such
case he is required to note opposite such assessment the words ;
"By Treasurer." And the Treasurer shall forthwith notify the
Auditor of such assessment, and the amount thereof; provided
that such assessment shall be made within two years after the tax
list shall have been delivered to him for collection, and not after-
wards.
SEC. 44.. In all cases where real property subject to taxation
shall not have been assessed by the assessors or other proper
officers, the owner thereof, by himself or his agent, shall have the
same property assessed by the Treasurer and pay the taxes there-
on ; and no failure of the owner to have such property assessed or
to have the errors in the assessment corrected, and no irregularity,
error or omission in the assessment of such property, shall affect
in any manner the legality of the taxes levied. thereon.
SEC. 45. City Warrants shall be received by the Treasurer in
70 ORDINANCES
full payment of all taxes for current City expenses and water
rents; but money only shall be received for the taxes levied for
the purpose of paying the debts of the City.
SEC. 46. No demand of taxes shall be necessary but it is the
duty of every person subject to taxation to attend at the office of
the Treasurer, unless otherwise provided, at some time between the
second Monday of November and the first day of February, and
pay his taxes, and if any one neglect to pay thembefore the he Treasurer firsts
day of February following the levy of the tax,
directed to make the same by distress and sale of his personal
property not exempt from taxation, and the tax list alone shall be
sufficient warrant for such distress.
SEC. 47. When the Treasurer 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 in that manner.
Constables are required to give notice of the sale of personal
property under execution, and the time of sale shall not be more
than twenty days from the day of taking, but he may adjourn the
sale from time to time, not exceeding five days, and shall adjourn
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, charges 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 execu-
tion of his office, he may require any suitable person to assist him
therein ; and if such person refuse his aid, he ,shall be fined not
less than ten dollars, and the person resisting shall be liable to a
fine of fifty dollars.
SEC. 49. On the first day of February the unpaid taxes, of
whatever description, for the preceeding year shall become delin-
quent, and shall draw interest as hereinafter provided, and taxes
upon real property are hereby made a perpetual lien thereupon
against all persons, except the United States and this State, and
taxes due from any person upon personal property shall be a lien
upon any real property owned by such person, or to which he may
acquire a title from the time of the levy thereof.
SEC. 50. The Treasurer is authorized and directed to collect, the
delinquent taxes by the sale of any personal property upon which
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
CITY OF DUBUQUE. 71
they become delinquent until collected by distress and sale ; but if
they are not paid before the first day of February, he shall collect,
in addition to the tax of each tax payer so delinquent, as a penalty
for non-payment, at the rate of one per cent. a month on the
amount of the tax for the first three months, two per cent. a
month thereafter. But the penalty provided by this section shall
not be construed to apply, and shall not apply, upon taxes levied
by order of any court to pay judgments on city indebtedness, and
upon such taxes no other penalty than the interest which such
judgments 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 and assessed value of each parcel of land, and the asses-
sed value of personal property, the amount of each kind of tax,
the interest on each, and costs, if any, giving a separate receipt
for each year, and he shall make the proper entries of such pay-
ments on the books of his office. Such receipt shall be in full of
the party's taxes for that year, but the Treasurer shall receive the
full amount of any tax, whenever the same is tendered, and give
a separate receipt therefor.
SEC. 53. The Auditor shall keep full and complete accounts with
the Treasurer, with each separate fund or tax by itself, in each of
which accounts he shall charge him with the amounts in his hands
at the opening of such account, whether delinquent taxes, notes,
cash, or other assets belonging to such fund, the amount 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 Treasurer on proper vouchers for money
disbursed, for double or erroneous assessments, the correction or
remission of which causes a diminution of the tax, and for un-
available taxes, or such as have been properly and legally assessed,
but which there is no prospect of collecting.
SEC. 54. The Council shall direct the Treasurer to refund to the
tax payer any tax or other portion of a tax found to have been
erroneously or illegally exacted or paid, with all interest and costs
actually paid thereon ; and in any case any real property subject
to taxation shall be sold for the payment of such erroneous tax, in-
terest or costs, as above mentioned, the error or irregularity in
the tax may at any time be corrected as above provided, and shall
not affect the validity of the sale, or the right or title conveyed by
the Treasurer's deed, if the property was subject to taxation for
72 ORDINANCES
any of the purposes for which any part of the taxes for which the
land was sold, was levied, and the taxes were not paid before the
sale, and the property had not been redeemed from sale.
SEc. 55. The Auditor shall, on the first day in September in each
year, transmit to the County Auditor of Dubuque County, a duly
certified transcript of delinquent taxes which shall then remain
uncollected on the tax books of any previous year. The Auditor
shall procure from the Treasurer of Dubuque County a certified
copy of all tax sales of lands made by him for City taxes, and keep
the same open to public inspection in his office.
SEC. 56. It shall bo the duty of the Treasurer to demand and
collect from the County Treasurer, on the first day of each and
every month, all money collected by him on account of City taxes.
SEC. 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 sale of real estate therefor, and the redemption of
lands sold for taxes, shall be governed by the statute then in force
controlling the action of County and Township officers in the levy
and collection of County taxes.
SEC. 58. The Board of Assessors provided for in this ordinance
shall, for the year 1874, bo appointed at the first regular meeting
in April and shall enter upon their duties within "ten days there-
after,
SEC. 59. This ordinance shall be in force from and after its pub-
lication in the official paper of the City.
SEC. 60. All ordinances or parts of ordinances heretofore passed
inconsistent with this ordinance are hereby repealed.
Passed March loth, 1874.
* Sections no 12, 55, 56, 57, 58, 59, 60 of the above ordinance were repealed by ordi-
nance passed August 28th, 1874, and section 12 is amended so as to require special
taxes to be paid to the City Treasurer.
AN ORDINANCE
Authorizing J. D. Bush to establish a Market at the Southeast
corner of Bluff and Eighth Streets in the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That authority and permission is hereby granted to
John D. Bush to establish, maintain, and keep 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 street south of Eighth, as
may be necessary for the use of such Market be and is hereby set
apart for that purpose, and that all rules and regulations made by
the City of Dubuquefor the government of the Central Market
CITY OF DUBUQUE. 73
shall govern said private Market so far as applicable and may be
enforced by said Bush and his employees with like authority and
effect as by the Market Master of the Central Market at that Mar-
ket.
SEC. 2. This ordinance shall take effect and be in force from and
after its passage and publication in the official papers of the City,
at the expense of the petitioner, and continued in force for the
term of five years.
Passed May 7th, 1874.
AN ORDINANCE
To provide for improving the Streets, Alleys and Public Landings,
and for the construction of Sidewalks and Sewers in the City of
Dubuque.
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That whenever it shall be deemed by the City Coun-
cil expedient to grade, curb, pave, gravel, macadamize, gutter, or
otherwise improve any street, avenue, alley, or public landing, or
any part thereof, or to construct any sewer, or to construct or re-
pair any sidewalk, the Council shall, by resolution order the same
to be done'; which resolution shall particularly specify the work to
be done, and the street or part of street to be improved; provided,
that no street shall be graded except the same be ordered to be
done by the affirmative vote of two thirds of the City Council.
SEC. 2. The resolution ordering any improvement specified in
the foregoing section, excepting sidewalks, shall also direct the
City Engineer to prepare the proper plans and specifications for
the improvement proposed to be made; and said Engineer shall
forthwith prepare the same and submit them to the committee of
said Council 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 the duty of the Engineer to prepare estimates of the
cost of the proposed improvement and file the same with the Re-
corder for the inspection of the City Council.
SEC. 3. That as soon as said plans and said specifications are
filed in the office of the City Recorder he shall, without further
order from the Council, give public notice by an advertisement of
at least five days in the official paper of the City, that at the next
session of the Council bids will be received by the said Council
for the doing of the work in accordance with such plans and spe-
cifications.
SEC. 4. At the meeting of the Council at which bids are to be
received, such bids shall be opened and the contract awarded as to
10
74 ORDINANCES
the Council shall seem proper; provided, that in all contracts let
for such improvement it shall he stipulated that the City shall levy
a special tax on the abutting property sufficient to pay for such
improvement, (excepting for grading and the construction of
sewers, which shall be paid out of' the general funds of the City,)
and shall proceed to collect the same in the manner herein pointed
out, and pay the same over to the contractor as soon as collected,
but that the contractor shall waive all recourse on the City for
payment under such contract to the amount of such tax.
SEC. 5. That as soon as practicable after the expiration of the
time specified in the contract, within which the improvement is to
be completed, the committee of the Council on streets -shall make
an examination of the work, and if the same be not completed,
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 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 committee find the work completed in accordance with their
contract, they shall accept the same from the contractor and so
report to the City Council.
SEC. 6. That all sidewalks hereafter paved or repaired shall be
laid to the established grade, or, if no grade shall be established,
to such temporary grade as may be given by the City Engineer.
Unless otherwise specified in the resolution of the City Council
ordering the same to be laid, they shall be built of brick, or stone,
or plank, at the option of the owner in front of whose lot of land
such sidewalk shall be laid ; if of brick, they shall be made of good,
substantial, hard brick ; if of stone, the same shall not be less
than two inches thick, and dressed square, with hammered or
square surface; such brick or stone shall be laid on a bed of sand
at least four inches thick, even at the top, to be range work, with
close joints, full width of sidewalk ; when of plank, the same shall
be not less than two inches thick, square edge, even surface, close-
ly jointed, and of good, sound material: and unless a different
width shall be specified in the resolution, shall be laid crosswise
with the sidewalk to full width ; and all sidewalks laid to full width
shall incline to the top of the curbing 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
CITY OF DUBUQUE. 75
of the street, so that the street between the curb stones shall be forty
feet wide, and on all other streets the curb stones shall be set at a
distance from the line of the street of one -fifth part of the whole
width of the street.
SEC. 8. That whenever it shall be deemed expedient by the City
Council to grade, or pave, or repair the sidewalk on any street, al-
ley or avenue, or any part thereof, within the limits of said City,
said Council shall pass an order to that effect, which order shall
set forth the particular locality where such grading or paving is
required to be done, and the time allowed for completing the same ;
and the publication of such order in one of the newspapers in the
City for one week shall be deemed sufficient notice to the owners
or holders of lots abutting on any such street, alley or avenue,
where such grading or paving is to be done as therein specified.
SEo. 9. All such grading, paving and repairing shall be in con-
formity with the grade of the street, alley or avenue (unless other.
wise ordered) and done under the direction of the Marshal or
Street Commissioner, and all expense of 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 ; provided,
that the cost of sidewalks laid to temporary grade shall not exceed
the sum of forty cents per lineal foot.
SEC. 10. If the owner or holder of any lot, or part of lot, shall
neglect to pave or repair his sidewalk in conformity with the order
of the City Council, published as aforesaid, the Marshal shall con-
tract for the same to be done at the expense of the City and shall
make his report of the expense thereof to the City Council, and if
the same be approved by said Council they shall forthwith levy a
special tax on each lot or part of lot abutting on such improve-
ment sufficient to pay the costs of the improvement made in front
thereof and shall proceed to collect the same in the same manner
as is herein provided for the collection of taxes levied for other
street improvement. The Marshal shall let such contract to the
lowest responsible bidder after advertising for bids for at least five
days in the official paper of the City.
SEC. 11. As soon as practicable after the work shall be comple-
ted and accepted by the Council, they shall levy a special tax on
the several lots or parcels of real estate, abutting or adjoining such
improvement, sufficient to pay costs and expenses of the same, ex-
cepting for grading and the construction of sewers. The 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,
76 ORDINANCES
and the name of the contractor for whose benefit such levy is
made. -
SEC. 12. The City Recordershall, without delay, after the pas-
sage of the resolution of the City Council levying a tax, make out
and deliver 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.
SEc. 13. The City Auditor, upon receiving a certified copy of
such resolution, shall forthwith enter upon the "special assessment
book" kept by the Treasurer the special tax so levied by the Coun-
cil and shall charge the Treasurer therewith. Such special tax
shall be payable by the owner or owners of the land at the time of
the assessment, personally, and shall be a lien upon the respective
lots or parcels of land from the time of the assessment.
SEC. 14. It shall be the duty of the Treasurer forthwith to give
notice by one publication in the official papers of the City that
such tax has been assessed, and that in case of failure to pay the
same for ten days, the same will be placed in the bands of the City
Attorney for collection and if such tax be not paid before the ex-
piration of the ten days from the date of such publication, the
Treasurer shall notify the City Attorney that such special tax has
not been paid.
SEC. 15. It shall be the duty of the City Attorney upon receiv-
ing such notification from the Treasurer forthwith to collect such
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 contractors, and prosecute the same as speedily as
possible to final determination and to pay over the moneys collec-
ted to the City Treasurer.
SEC. 16. All moneys collected by the Treasurer shall be paid
over by him to the parties entitled thereto upon their presenting
proper overdues therefor.
SEC. 17. All ordinances and parts of ordinances in conflict with
this ordinance are hereby repealed.
SEC. 18. This ordinance shall be in force from and after its pub-
lication in the official paper of the City.
Passed May 7, 1874.
AN ORDINANCE
Granting r
associates successors, successos� oraassigns, for the purposrivileges to L. P. e oh ferecting la
Shingle Mill.
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. L. P. Hough & Co., their associates, successors or
CITY OF DUBUQUE. 77
assigns, are hereby permitted to erect and maintain a building on
the Levee near the north side of Railroad Avenue, in this city, or
to buy and to convert the so-called Reed pulling machine into a
shingle mill, with a capacity of 50 to 75 thousand per day, and for
this purpose to occupy and use a portion of said Levee of the
width of 30 feet from the line of low water, and the length of 250
feet from the north lino of Railroad Avenue, for the term of five
years from the passage of this ordinance.
SEC. 2. The occupancy of the ground aforesaid shall be under
the direction of the Committee on Harbors, and this grant is made
upon the condition that the said grantees shall, within four months
from this date, erect, maintain and keep in operation such shingle
mill, and in the event of their failure to do so, the privileges here-
by granted, shall cease to exist.
SEC. 3. This grant is made subject to all the conditions, restric-
tions and limitations not hereby superceded, contained in chapter
68 of the revised ordinances, a'nd in case the grantees herein fail
to keep in operation said shingle mill for a term of more than
thirty days successively, during the proper season, then the right
and privileges hereby granted shall revert to the City.
SEC. 4. This ordinance shall take effect and be in force from
and after its passage and publication in the official papers of the
City.
Passed May 7, 1874.
AN ORDINANCE
To amend Chapter 23 of the Revised Ordinances of the City of
Dubuque.
Be it ordained by the City Council of the City of Dubuque :
That section 2 under the subdivision entitled "Wagons, Drays,
&c.," in Chapter 23 of the Revised Ordinances of the City of Du-
buque, be, and the same is, hereby repealed.
This ordinance shall take effect and be in force from and after
its passage and one publication in any newspaper published in
said City.
Passed July 2d, 1874.
AN ORDINANCE
To amend Chapter 23 of the Revised Ordinances, entitled "An
Ordinance in Relation to Licenses."
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. No person shall, within the limits of the City of Du-
buque, keep, own or use any dray, wagon or other vehicle for the
ilSor
�Illluj�all
78
ORDINANCES
purpose of carrying articles or property for hire or profit from
one place to another, within said City, without a license therefor,
under a penalty of two dollars for each load or parcel so carried
without a license; and for a license for every such vehicle he shall
pay to the City the sum of five dollars for each vehicle drawn by
one horse, and ten dollars if by more.
SEC. 2. This ordinance is intended to include wagons and other
vehicles kept or used by merchants, lumbermen and other persons,
for the delivery, without charge, of articles or property sold by
them, 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 or vehicles for which the owner keeps no teams exclusively.
This ordinance shall take effect from and after its passage and
one publication in any newspaper published in said City.
Passed July 20th, 1874.
AN ORDINANCE
d
An
To amend an
Assessment oand Collection rdinance e�Ordinance
ofTaxes inthe City of Dubuque,"
passed March 11, 1874.
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That section twelve, [12] 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:
SEc.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 subject to assessment and taxation on the
same basis as the property of individuals.
SEC. 2. That sections fifty-five, [55] fifty-six, [56] fifty-seven,
[57] fifty-eight, [58] fifty-nine, [59] and sixty, [60] be, and 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 October, in each year, the
Treasurer is required to offer at public sale, at his office, all lands,
town lots, or other real property, on which taxes of any descrip-
tion for the preceeding year or years shall remain due and unpaid,
and such sale shall be made for and in payment of the total
amount of taxes, interest and costs, due and unpaid on such
property.
SEC. 56. The notice to be given of such sale shall state the time
and place thereof, and contain a description of the several parcels
CITY OF DUBUQTTE. 79
of real property to be sold for the delinquent 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 gnd
delinquent; and the amount of taxes, and amount of interest and
costs against each tract, and the name of the owner, when known,
or person if any, to whom taxed.
SEC. 57. The Treasurer shall give such notice by causing the
same to be printed once in each week for 'three successive weeks,
the last publication to be at least one week prior to the day of
sale, in the official papers of the city, and also by causing a copy of
each notice to be posted on the door of the City Hall at least four
weeks before the day of sale.
SEC. 58. The Treasurer shall charge and collect in addition to
the taxes and interest, a sum not exceeding twenty [20] cents on
each tract of real estate advertised for sale, which sum shall be
paid into the treasury, and the City shall pay the cost of publica-
tion. But in no case shall the City be liable for more than the
amount charged to the delinquent lands for advertising, and if the
Treasurer cannot procure the publication of said notice for that
sum, or if for any reason, the Treasurer is unable to procure the
publication of said notice, he shall post up written notices of said
sale in four of the most public 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 been published in a newspaper.
SEC. 59. The Treasurer shall, at his office, on the day of sale, at
the hour of 10 o'clock in the forenoon, offer for sale, separately,
each tract or parcel of real property advertised for sale, on which
the taxes and costs shall not have been paid.
SEC. 60. The person who offers to pay the amount of taxes
due on any parcel of land or town lot, for the smallest portions of
the same, is to be considered the purchaser; and when such pur-
chaser 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 designated shall in
all cases be considered an undivided portion. In all cases where
the homestead is listed separately as a homestead it shall be 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 Treasurer the amount of the taxes and
costs charged thereon ; and on failure to do so, the said parcel
shall at once again be offered as if no such sale had been made.
80 ORDINANCES
Such payments may be made in the same 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 the Treasurer at any
time before the sale thereof, the taxes due thereon, with interest,
cost of advertising, and all the costs which may have accrued up
to the time of such payment.
SEC. 64. In all advertisements for the sale of real property for
taxes, and in entries required to be made by the Auditor, Treasu-
rer, or other official, letters and figures may be used as they have
been heretofore, to denote townships, ranges, sections, part of sec-
tions, lots, blocks, date, and the amount of taxes, interest and costs ;
and no irregularity or informality in the advertisement shall affect
in any manner the legality of the sale or the title to any real
property conveyed by the Treasurer's deed under this chapter : but
in all cases, the provisions of this ordinance shall be sufficient no-
tice to owners, of the sale of their property.
SEC. 65. The Treasurer shall obtain a copy of said advertise-
ment, together with a certificate of the due publication thereof,
from the printer or publisher of the newspaper in which the same
shall have been published, and shall file the same in the office of
the Auditor; and such certificate shall be substantially in the fol-
lowing form :
" I, A. B., publisher (or printer) of , a newspaper printed
and published in the City and County of Dubuque and State of
Iowa, do hereby certify that the foregoing notice and list were
published in said newspaper once in each week, for three succes-
sive weeks, and the last of which publication was made on the
day of , A. D. 18—; and that copies of each number
containing said notice and list were delivered by carriers or trans-
mitted by mail to each of the subscribers to said paper, according
to the accustomed mode of business in this office.
A B—,
Publisher (or Printer) of the
STATE OF IOWA, �s
Dubuque County. J
The above certificate of publication was sub-
scribed and sworn to before me by the above named A B
who is personally known to me to be the identical person de-
scribed therein, on the — day of —A. D. 18—.
C D
City Auditor of the City of Dubuque.
SEO. 66. The Auditor shall attend all sales of real property for
CITY OF DUBUQUE. 81
taxes, made by Treasurer, and make a record thereof, in a book to
be kept by him for that purpose; therein describing the several
parcels of real property, on which taxes and costs were paid by
purchaser, as they are described in the list or advertisement, on
file in his office, stating in separate columns the amount 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-
urer 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 of the property sold, the fact and date of
such sale.
SEC. 67. When all the parcels of real property advertised for
sale, shall have been offered, and a portion thereof shall remain
unsold for want of bidders, the Treasurer shall adjourn the sale to
some day not exceeding two months from the time of adjourn-
ment, due notice of which day shall be given at the time of ad-
journment, and also by keeping a notice thereof posted up in a
conspicuous place in the Treasurer's office. But no further adver-
tisement shall be necessary. On the day fixed for the reopening of
the sale, the same proceedings shall be had as provided hereby 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 thus continued until the next
regular annual sale, or until all the taxes shall have been paid.
SEC. 68. If any Treasurer or Auditor, shall hereafter be, either
directly or indirectly, concerned in the purchase of any real prop-
erty sold for the payment of taxes, he shall be liable to a penalty
of not more 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 Auditor, as the case may be, and his bondsmen ;
and all such sales shall be void.
SEC. 69. If from neglect of officers to make returns, or from
any other cause, 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 publication as pro-
vided in this chapter.
SEC. 70. The Treasurer 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 described in the record of sales ; and also how much, and
11
82 ORDINANCES
what part of each tract or lot was sold, and stating the amount 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 purchaser of more than one parcel of property, he may have
the whole included in one certificate, but each parcel shall be se-
parately described.
SEC. 71. The certificate of purchase shall be assignable by en-
dorsement, and an assignment thereof shall vest in the assignee,
or his legal representative, all the right and title of the original
purchaser ; and the statement in the Treasurer's deed of the fact
of the assignment shall be presumptive evidence of such assign-
ment. In case said certificate is assigned, then the assignment of
said certificate shall be placed on record in the office of the Treas-
urer in the register of tax sales.
SEC. 72. The Treasurer shall also make out, sign and deliver to
the purchaser of any real property sold for taxes aforesaid, dupli-
cate receipts for any taxes, interest and costs paid by said pur-
chaser after the date of said purchase, for any subsequent year or
years; one of which receipts said purchaser shall present to the
Auditor, to be by him filed in his office, and a memorandum there-
of entered on the register of sales; and if he neglect to file such
duplicate receipt with the Auditor before the redemption, such
tax shall not be a lien on the land, and the person paying such
tax shall not be entitled to recover the same of the owner of such
real estate.
SEC. 73. Real property hereafter sold under the provisions 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 amount for which the same was sold, and
twenty per centum of such amount immediately added as a pen-
alty, with ten per cent. interest per annum on the whole 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 subsequent year, with ten per
cent. interest per annum on the whole of such amount or
amounts, from the day or days of payment, unless such 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-
ment of the taxes of any such subsequent year or years shall not
CITY OF DUBUQUE. 83
attach, unless such subsequent 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 said 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 redemption, the amount paid, and by whom redeemed; and
he shall make the proper entries in the book of sales in his office,
and shall immediately give notice of such redemption to the Treas-
urer. Such certificate of redemption shall then be presented to
the Treasurer who shall countersign 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 any 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 legal representative under section eight hundred and ninety (890)
at any time before 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 persons 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 shall be allow-
ed to redeem lands sold for taxes in any other manner after the
service of the notice provided for by the next section, and the ex-
ecution and delivery of the Treasurer's deed.
SEC. 77. After the expiration of two years and nine months
after the date of sale of the land for taxes, the lawful holder of the
certificate of purchase may cause to be served upon the person in
possession of such land or town lot, and also upon 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
a notice signed by him, his agent or attorney, stating the date of
sale, the description of the land or town lot sold, the name of the
purchaser, and that the right of redemption will expire and a deed
for said land be made unless redemption from such sale be made
within ninety days from the completed service thereof. Service
may be made upon non-residents of the City by publishing the
same three times in some newspaper published in said City. But
any such non-resident may file with the Treasurer of the City 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 upon said agent. Service shall be
deemed completed when an affidavit of the service of said notice
and of the particular mode thereof, duly signed and verified, by
the holder of the certificate 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 his office and said record or affidavit shall be
presumptive evidence of the completed service of notice herein re-
quired. And until ninety days after the service of said notice, the
right of redemption from such sale shall not expire. The cost of
serving said notice whether by publication or otherwise, together
with the cost of the affidavit, shall be added to the redemption
money,
SEC. 78. Immediately after the expiration of ninety days from
the date of service of the written notice herein before provided,
the Treasurer then in office shall make out a deed for each lot or
parcel of land sold, and remaining unredeemed, and deliver the
same to the purchaser upon the return of the certificate of pur-
chase. The Treasurer shall demand twenty-five cents for each
deed made by him on such sales ; but any number of parcels of
land bought by one person may be included in one deed if desired
by the purchaser.
SEC. 79. Deeds executed by the Treasurer shall be substantially
in the following form :
Know all men by these presents, that whereas, the following
described real property, viz : (here follows description) situated in
the City and County of Dubuque, and State of Iowa, was subject
to taxation by said City for the year —(or years) A. D. 18— And,
whereas, the taxes assessed upon said property by said City for
the year, (or years) aforesaid, remained due and unpaid at
the date of the sale hereinafter named, and, whereas, the
Treasurer of said City did, on the —day of— A. D. 18— by
virtue of the authority in him vested by law, at— (an adjourn -
CITY OF DUBUQUE. 85
ment)--of the sale began and publicly held on the first Mon-
day of A. D. 18—, expose to public sale at the office of
the Treasurer in the 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 of the taxes, interest and costs then due and remaining un-
paid on said property. And, whereas, at the time and place afore-
said, A— B— of the County of —and State of —having offered
to pay the sum of $— and — cents, being the whole amount of
taxes, interest and costs, then due and unpaid on said property for
(here follows the description of the property sold) which was the
least quantity bid for, and payment of 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 of— and State of .
And, whereas, by the affidavit of—, filed in said Treasurer's office
on the day of— A. D. 18—, it appears that due notice has
been given more than ninety days before the execution of these
presents to —and —of the expiration of the redemption allowed by
law. And whereas three years have elapsed since the date of said
sale, and said property has not been redeemed therefrom as pro-
vided by law,
Now, therefore, I, C— D—, Treasurer of the City aforesaid, for
and in consideration of the said sum to the Treasurer paid as
aforesaid, and by virtue of the statute and the ordinance 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-- (or E. F.) his heirs and assigns, the real property last here-
inbefore described. To have and to hold unto him, the said A—
B— (or E. F.,) his heirs or assigns forever; subject, however, to
all rights of redemption provided by law.
In witness whereof, I, C—D—, Treasurer as aforesaid, by virtue
of the authority aforesaid, have hereunto subscribed my name on
this —day of-18—.
STATE OF IOWA,
Dubuque County. J Ss.
I hereby certify that before me —in and for
said City, personally appeared the above named C— D—, Treas-
urer of said City, personally known to me to be the Treasurer of
said City, at the date of the execution of the above conveyance,
and to be the identical person whose name is affixed to, and who
86 ORDINANCES
executed the above conveyance as Treasurer of said City, and
acknowledged the execution of the same to be his voluntary act
and deed as Treasurer of said City, for the purpose therein ex-
pressed.
Given under my hand— (and 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 Tsubstan-
tially thus executed, and recorded in the proper record of titles to
real estate, shall vest in the purchaser all the right, title, interest
and estate of the former owner in and to the land conveyed; and
also all the right, title, interest and claim of the City.
SEC. 81. The provisions of this ordinance shall not effect sales
heretofore made, or tax deeds given in pursuance of sales made
before the taking effect of this ordinance.
SEC. 82. When by mistake, or wrongful act of the Treasurer,
land has been sold on which no tax was due at the time ; or when-
ever land is sold in consequence of error in describing such land in
the tax receipt; the City is to hold the purchaser harmless by pay-
ing him the amount of principal, and interest at ten per cent., and
costs. And the Treasurer and his bondsmen shall be liable to the
City to the amount of his official bond ; or the purchaser, or his
assignee, may recover directly of the Treasurer in an action
brought 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 or his deputies' acts.
SEC. 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, he shall make an entry opposite such tract, or lot, on the
record of sales that the same was eroneously sold ; and such entry
shall be evidence of the fact therein stated, and in such cases, the
purchase money shall be refunded to the purchaser as provided by
this chapter.
SEC. 84. No sale of real property for taxes shall be considered
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.
SEC. 85. In any case that may arise, not provided for in this
CITY OF DUBUQUE. 8�7
ordinance, the officer, in the assessment, levy and collection of City
taxes, and the sale of real estate therefor, and the redemption of
lands sold for taxes, shall be governed by the statute then in force
controlling the action of county and township officers in the levy
and collection of county taxes.
SEC. 86. All ordinances and parts of ordinances heretofore pass-
ed, inconsistent with this ordinance, are hereby repealed.
SEC. 87. This ordinance shall be in force from and after its
publication in the official papers of the City.
Passed August 28th, 1874.
AN ORDINANCE
To amend an ordinance entitled "An Ordinance in relation to Licen-
ses.
Be it ordained by the City Council of the City of Dubuque :
SEC. 1. That chapter 23 of the revised ordinances concerning
wagons, drays, etc., be and the same is hereby amended by add-
ing the following :
SEC. 14. Any person 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 hauling 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 vehicle, said person or persons so
doing, shall forfeit his license and be subject to a fine of not less
than five 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 City of Dubuque :
SECTION 1. That the license privilege of keeping and maintain-
ing 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 hereby granted to James Hughes
and his associates, and their assignees, within the limits, and un-
der the provisions, conditions and restrictions specified in a certain
contract, entered into this 28th day of July, 1874, between the
88 ORDINANCES
City of Dubuque and the persons 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 Dubuque of the first part, and James Hughes
and his associates of the second part, witnesseth : That the City
of Dubuque for and in consideration of the covenants 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,
around and extending south one hundred and fifty feet along the
river shore; and the said parties of the second part covenant and
agree that within six months from this date they will commence
and continue running, at the place aforesaid, a ferry boat suf-
ficient to accommodate the traveling public, 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 conduct and manage the same so
as to insure the safety and convenience of the traveling public and
those having occasion to transport freight.
It is further agreed that the City Council shall make such rules
and regulations for said ferry as it may deem necessary, 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 rates of
the Dubuque and Dunleith ferry ; and in case the rates are fixed
so low as, in the judgment of the said party of the second part, or
their assignees, to make the ferry unprofitable, or if, for any other
reason, the ferry shall become unprofitable, it shall be competent
for the said party of the second part, or his assignees, to abandon
the license and privilege herein granted, by giving the Mayor of
the City three month's notice of such abandonment, in writing.
It is further agreed that the said party of the second part shall
have the right to improve the landing and construct levees within
the limits fixed for said ferry.
The failure of the party of the second part, or his assignees, to
comply with any of the terms or conditions of this contract to be
performed on his part, shall work a forfeiture of this contract, in
case the City Council shall elect to declare it forfeited.
But it shall not be competent for the City Council to declare
such forfeiture until three months after the said parties of the
CITY OF DUBUQUE.
89
second part or their assignees shall have been notified in writing,
in pursuance of a resolution of the Council, that in the opinion of
the council the said parties of the second part or their assignees
have made default, and if during the said three months, the said
parties of the second part or their assignees shall keep and per-
form all the terms and conditions to be kept and performed by
them, then 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 provisionsof
the said contract, is hereby granted to the same persons and their
assignees.
SEC. 3. The contract herein named is hereby made a part of
this ordinance, and this ordinance shall be in force after its publi-
cation in the official papers of the City.
SEC. 4. All ordinances and parts of ordinances inconsistent with
the provisions of this ordinance are hereby repealed.
Passed September 3, 1874.
AN ORDINANCE
To amend chapter 30 of the Revised Ordinances, entitled an ordi-
nance defining offenses and prescribing the punishment there-
for.
Be it ordained by the City Council of the City of Dubuque:
SECTION 1. That the word "five" in the last line of section 3 of
said chapter be stricken out, and the words "one dollar" be inser-
ted in place thereof.
SEC. 2. That this ordinance shall take effect from and after the
publication of the same in the official papers of the City.
Passed September 3d, 1874.
AN ORDINANCE
Granting to John P, Quigley and his associates and assigns, au-
thority to construct a Pile, Pontoon, Wagon and Foot Bridge,
from the City of Dubuque, over the Mississippi River, to the
east side.
Be it ordained by the City Council of the City of Dubuque:
SECTION 1. That right, authority and permission be, and is
hereby granted to John P. Quigley, and his associates and assigns,
under such name and style as they may hereafter be associated
or incorporated, to build, 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 ORDINANCES.
to the east 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 shall be located at such
point between Seventh (7) street and Third (3) street, as they,
with the consent of the Board of Supervisors of Dubuque County,
may determine, but such location shall not interfere with the
rights heretofore granted by the City to any corporation, company
or individuals.
SEo. 3. That the grantees herein shall have the use of any of
the streets and alleys adjoining the abutments, for the purpose of
approaching said bridge, together with the right to construct
thereon the necessary approaches to said bridge.
SEC. 4. Said grantees are hereby authorized to charge and re-
ceive, for their own use, for the transportation and travel over
said bridge, the following rates, to -wit :
Foot passengers 21 cents each way.
Lead horse, horned cattle, sheep and swine, 2 cents per 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 regulations of the Council
SEc 5. Nothing in this ordinance is intended or shall be so
construed as to render said City liable for any obstruction to the
navigation of the Mississippi River, caused by the erection of said
Pile, Pontoon, Wagon and Foot Bridge, by the said John P.
Quigley, his associates and assigns, as this charter is in considera-
tion that they shall within twelve months hereafter, either pro-
cure leave and authority from the Congress of the United States,
to erect said bridge, or legalize its construction, and in the event
of their failure to procure such leave, and authority, all rights
herein granted shall revert to the City.
SEC. 6. If said John P. Quigley and others, their associates, suc-
cessors and assigns, shall fail to have said Pontoon bridge comple-
ted within one year from the date of this ordinance, then all the
rights, and privileges hereby granted shall revert to the City.
SEC. 7. This ordinance shall take effect and be in force from and
after its publication in the official papers of the City.
Passed October 2d, 1874.
1
CITY OF DUBUQUE. 91
AN ORDINANCE
To amend an Ordinance entitled an Ordinance "to provide for Im-
proving the Streets, Alleys and Public Landings and for the con-
struction of Sidewalks and Sewers in the City of Dubuque."
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That section number fourteen of the ordinance
above mentioned be amended by adding to the end of said section
as follows, to -wit : Said special tax shall be paid to the Treasurer,
and the payment entered upon the proper books of his office, and
the money shall then be paid over to the person entitled to receive
the same upon the order of the City Council.
SEC. 2. This ordinance shall be in force from and after its pub-
lication in the official papers of the City.
Passed November 6th, 1874.
AN ORDINANCE
Granting to the Illinois Central Railroad Company the Right of
Way over and along certain Streets and Alleys in the City of
Dubuque.
Be it ordained by the City Council of the City of Dubuque :
SECTION 1. That permission be, and the same is hereby granted
to the Illinois Central Railroad Company, its successors and as-
signs, to lay down and operate a single rail vay track from a con-
venient point 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 line of said street between Main and Iowa
streets, and thence south along said alley to the south side of
Railroad Avenue.
SEc. 2. That the ordinance heretofore adopted, entitled"An Or-
dinance granting to the Dubuque, Bellevue and Mississippi Railway
Company, and to the Dubuque and Minnesota Railway Company
the right of way through the City of Dubuque," passed February
2d, 1871, be, and the same is hereby so far modified, that the said
Dubuque, Bellevue and Mississippi Railway Company, and said
Dubuque and Minnesota Railway Company, their successors and
assigns, shall be permitted and required to lay their track on one
side of said alley, while the said Illinois Central Railroad
Company shall lay its track, herein authorized, on the other side
of the same.
Sec. 3. That whenever required by the City Council of this
City, said Illinois Central Railroad Company shall, at its own ex-
pense, grade the one-half of the said alley on which its track shall
be laid, and that portion of any street crossed and occupied by its
92 ORDINANCES
track, shall keep the space between the rails, and to the end of the
ties, so graded., that carriages, and other vehicles, may easily pass
over the same, and on each side of every street crossed by its said
track, shall construct and maintain suitable culverts 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 suitable approaches to enable vehieles to cross
its track, and shall strictly comply with all reasonable police regula-
tions which the authorities of this City may establish in relation
to the running of trains on said track within the limits of this
City.
SEc. 4. That the track herein authorized, shall be laid to the
grade established by the City, and should the grade be changed
by the City at any time, the said track shall be changed to con-
form
to such change of grade, such 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 such change.
SEC. 5. That this ordinance shall be in force from and after
notice in writing, of the acceptance thereof by said Illinois Cen-
tral Railroad Company, given to the Mayor of this City, and the
publication of this ordinance in the official papers of the City, at
the expense of said company.
Passed December 21, 1874.
STATE OF IOWA, ss.
City and County of Dubuque.
I, C. G. Hargus, Recorder of the City of Dubuque, Iowa, do
hereby certify that the foregoing ordinances and resolutions con-
tained in the book denominated the " Second Revision of the Or-
dinances of the City of Dubuque," are correct copies from the
records in my office.
WITNESS my hand and the official seal
of said City, this 8th day of January,
A. D, 1875.
C. G. HARGUS,
City Recorder.
INDEX
To ORDINANCES PASSED SINCE MAY 4, 1872.
PAGE.
A11eys—Improvement of
73
Animals running at large—Reguiation of 55
Animals —Sale of tied in market prohibited ..43
Assessment of taxes 78
Bush's Market —Grant for 72
Cars —Unlawful interference with 46
Dogs —License and tax on 44
Ferry at Eagle Point —Grant for 87
Fines —Limit of 89
Grades —Change of 58
Hack drivers —Regulation of 51
Licenses —For hauling to Fair Grounds, &c., 87
—Amendment to chapter 23 44-50-77-87
Liquors —Regulating sale
52
Lorimier Avenue —Name of change
57
Markets Establishing and regulating
43
Omnibus drivers —Regulation of
51
Police dress
Pontoon Bridge—Rightto build granted 89
Public Landing -Improvement of 73
Railroads —Running of regulated
57
Right of Way to I. C. R. R.
91.
Sewers —Construction of 73-9193
Sidewalks —Construction of
Sidewalks —Width of on certain Streets...... 46-52
Streets —Names and construction of
54-73
Taxes —Sale of property for..
Water —Rates of established 3
Wood —Inspection and Sale of.. 443
Wood Dealers —License of..
.47
45-54-60-78-91
50