Revised Ordinances of 1901 of the City of Dubuque including Charter and Statutes Applicable to Special Charter Cities to 1901Alderman At Large
The Revised Ordinances of 1901 of the City of Dubuque including
charter
to special
des
to 1901
REVISED and
SY J.B. POWERS AND C. LONGUEVILLE
Published by Order of the City Council 1901
THE
REVISED ORDII\ANCES
OF InOI
O
CITY OF FDUBUQUE
Including Charter and Statutes Applicable
to Special Charter Cities to 19OI
REVISED AND ARRANGED BY
J. C. LONGUEVILLE AND J. B. POWERS.
Published by Order of the City Council,
190I.
HERALD PRINTING COMPANY,
DUBUQUE.
OFFICERS OF THE
CITY GOVERNME\T
OF THE
CITY OF DUBUQUE.
FROM ITS ORGANIZATION TO 1901.
TRUSTEES.
1837
T. S. Wilson, Pres. T. C. Fassitt, Charles Miller,
J. Plumbe, Jr., Wm. Meyers,
1838
Timothy Fanning.
P. C. Morhiser, Pres. John Plumbe, Jr., John McKenzie,
Alex. Butterworth, E. Langworthy, Benj. Rupert.
1839
Pat'k Quigley, Pres. E. Langworthy, Loring Wheeler,
S. D. Dickson, Dr. T. Mason,
1840
S. D. Dixon, Pres. Chas. Miller,
J. P. Farley, Patrick Quigley,
Thos. C. Fassitt.
E. C. Dougherty.
i
IV
OFFICERS OF THE CITY GOVERNMENT.
MAYOR AND ALDERMEN.
OFFICERS OF THE CITY GOVERNMENT.
1846
F. K. O'FERRALL, Mayor.
ALDERMEN.
1841 Hugh Treanor, Wm. H. Robbins, Amos Matthews,
CALEB H. BOOTH, Mayor. Michael McNamara, M. Mobley, Lewis . L. Wood.
ALDERMEN,.
Jesse P. Farley, E. Langworthy, H. Simplot, 1847
Charles Miller, W. W. Coriell, Timothy Fanning. P. A. LORIMIER, Mayor.
ALDERMEN.
1842 Michael McNamara, Wm. H. Robbins, Amos Matthews,
Morgan Curran, W. J. Gilliam, Lewis L. Wood.
SAMUEL D. DIXON, Mayor.
ALDERMEN. 1848'
John Thompson, James Fanning, Joseph T. Fales, GEORGE L. NIGHTINGALE, Mayor.
Jesse P. Farley, Joseph Oglby, •A. Cline. ALDERMEN.
• 1843
JAMES FANNING, Mayor.
ALDERMEN.
Timothy Fanning, P. C. Morhiser, F. K. O'Ferrall,
David Slater, John H. 'Thedinga, Joseph Ogilby.
1844
F. K. O'FERRALL, Mayor.
ALDERMEN.
John Blake, John G. Shields, Timothy Fanning,
Elisha Dwelle, Robert Rogers, John H. Thedinga.
Elisha Dwelle,
Robert Rogers,
1845
F. K. O'FERRALL, Mayor.
ALDERMEN.
Timothy Fanning, John Blake,
John H. Thedinga, John G. Shields.
Hugh Treanor, Wm. H. Robbins, John Gunn,
Patrick Finn, H. S. Hetherington, Lewis L. Wood_
1849
WARNER LEWIS, Mayor.
ALDERMEN.
W. D. Waples, J. J. E. Norman, Thomas Hardie,
Philip Powers, F. V. Goodrich, John Gunn.
John G. Shields,
1850
J, H. EMERSON, Mayor.
ALDERMEN.
L. D. Randall, John D. Bush., Ed Langworthy„
David Decker, Robert Rogers, H. V. Gildea.
1851
P. A. LORIMIER, Mayor.
ALDERMEN.
L. Molony, Joseph Ogilby, John D. Bush,
Caleb H. Booth, Jesse P. Farley, Lewis L. Wood.
v
M. McNamara,
J. J. E. Norman,
Morgan Curran,
G. L. Nightingale,
Patrick Quigley,
M. McNamara,
Morgan Curran,
George Connell,
James Burt,
Thomas McCraney,
Ben. M. Samuels,
M. McNamara,
VI
OFFICERS OF THE CITY GOVERNMENT.
M. McNamara,
Wm. D. Wapies,
•
1852
JESSE P. FARLEY, Mayor.
ALDERMEN.
James Burt,
Henry L. Stout,
Christopher Pelan,
George McHenry.
1853
JESSE P. FARLEY, Mayor.
ALDERMEN.
Edward O'Hare,
M. Mobley,
Henry L. Stout.
John D. Bush,
Anton Heeb,
George Wilde,
E. Langworthy.
1854
JESSE P. FARLEY, Mayor.
ALDERMEN.
John D. Bush,
James A. Reed,
E. Langworthy,
Patrick Quigley,
George Connell,
Christopher Pelan,
M. McNamara,
Thos. McCraney,
Anton Heeb,
Matthias Ham,
John King,
Fred Weigel,
Edward O'Hare,
Fred. E. Bissell.
1855
JOHN G. SHIELDS, Mayor.
ALDERMEN.
Fred Weigel,
G. L. Nightingale,
Ben. M. Samuels,
Christopher Pelan,
Edward Spottswood,
John King,
Matthias Ham.
1856
DAVID S. WILSON, Mayor.
ALDERMEN.
Ben. M. Samuels,
N. Nadeau,
Warner Lewis,
Edward Spottswood,
Robert Mitton,
Matthias Ham,
G. C. Kreichbaum.
OFFICERS OF THE CITY GOVERNMENT.
1857
DAVID S. WILSON, Mayor.
GEORGE L. NIGHTINGALE Mayor.
ALDERMEN.
M. McNamara,
J. J. E. Norman,
G. L. Nightingale,
James Woolnough,
Samuel Virden,
Warner Lewis,
N. Nadeau,
Robert Mitton,
VII
Geo. Ord Karrick,
G. C. Kreichbaum,
Anton Heeb,
Adam Jaeger.
1858
HENRY S. HETHERINGTON, Mayor.
ALDERMEN.
M. McNamara,
Hugh Treanor,
Samuel Virden,
John B. Lane,
George McHenry,
Franklin Hinds,
Geo. Ord Karrick,
B. B. Richards,
N. Nadeau,
Robert Mitton,
Adam Jaeger,
Matthias Ham.
1859
JOHN HODGDON, Mayor.
ALDERMEN.
Hugh Treanor, John Mehlhop, Geo. L. Matthews,
Patrick Quigley, Joseph A. Chapline, Mathias Ham,.
John B. Lane, Robert Mitton, John King.
A. Kaufmann,
1860
HENRY L. STOUT, Mayor.
ALDERMEN.
Patrick Quigley,
Hugh Treanor,
A. Kaufmann,
John B. Lane,
Geo. Connell, Fred. Weigel,
Geo. D.•Wood, John King,
Geo. L. Matthews, John Bittmann.
1861
HENRY L. STOUT, Mayor.
ALDERMEN.
Patrick Quigley, Geo. B. Lane,
Hugh Treanor, Geo. Connell,
Geo. L. Torbert, Geo. D. Wood,
John Buttmann,
Geo. L. Matthews,
F. Weigel,
John Reugamer.
V111
OFFICERSOF THE CITY GOVERNMENT.
1862
J. H. THEDINGA, Mayor.
ALDERMEN.
Hugh Treanor,
Patrick Quigley,
M. B. Mulkern,
Peter Kiene,
Geo. L. Torbert,
Geo. Connell,
D. S. Cumings,
Geo. L. Matthews,
J. Christman,
John Reugainer.
1863
J. H. THEDINGA, Mayor.
ALDERMEN.
Hugh Treanor, John Russ, J. Christman,
Patrick Quigley, D. S. Cumings, Geo. L. Matthews,
M. B. Mulkern, H. L. Stout, Peter Kiene.
Titus Schmidt,
1864
JOHN THOMPSON, Mayor.
ALDERMEN.
Patrick Quigley,
J. H. Emerson,
John Russ,
John Reugainer,
M. B. Mulkern,
H. L. Stout,
D. S. Cumings,
Geo. L Matthews,
H. S. Hetherington,
Titus Schmidt.
1865
JOHN THOMPSON, Mayor.
ALDERMEN.
J. H. Emerson,
Patrick Quigley,
M. B. Mulkern,
John King,
L. N. Gibbs,
D. S. Cumings,
Henry Lembeck,
H. S. Hetherington,
John D. Bush,
John Reugainer.
1866
JOHN THOMPSON, Mayor.
ALDERMEN.
Patrick Quigley,
Arthur McCann,
John Lucas,
L. N. Gibbs,
Benj. F. Smith,
H. Lembeck,
D. S. Cumings,
John D. Bush,
H. S.- Hetherington„
John King,
A. F. Jaeger.
411
OFFICERS OF THE CITY GOVERNMENT.
1867
J. K. GRAVES, Mayor.
ALDERMEN.
John Lucas, D. S. Cumings, •M. Kingman,
N. C. Ryan, Hilarius Pleins, A. F. Jeager,
B. F. Smith, H. S. Hetherington, M. Wening.
Thomas C. Fassitt, H. P. Ward,
1868
SOLOMON TURCK, Mayor.
ALDERMEN.
John Lucas,
James Rowan,
Thos. C. Fassitt,
Geo. W. Scott,
James Rowan,
John Lucas,
Joseph Gehrig,
Peter Kiene,
John Lucas,
N. C. Ryan,
B. D. Lenehan,
Fred Weigel,
Joseph Gehrig,
Hilarius Pleins,
E. G. Young,
M. Kingman,
IN
Thomas P. Coates,
M. Wening,
A. F. Jaeger.
1869
W. J. KNIGHT, Mayor.
ALDERMEN.
B. D. Lenehan,
Ernst G. Young,
Hilarius Pleins,
Thos. P. Coates,
Fred. Weigel,
A. F. Jaeger.
1870
W. J. KNIGHT, Mayor.
ALDERMEN.
N. C. Ryan,
John Lucas,
Joseph Gehrig,
Thomas P. Coates,
Joseph. Gehrig,
Hilarius Pleins,
J. M. Robinson,
Thos. P. Coates,
Peter Kiene,
A. F. Jaeger.
1871
JAMES BURT, Mayor.
ALDERMEN.
J. C. Chapman, F. M. Robinson.
J. M. Robison, A. F. Jaeger,
Hilarius Pleins, A. Kaiser.
X OFFICERS OF THE CITY GOVERNMENT.
1872
SOLOMON TURCK and A. F. JAEGER, Mayor.
ALDERMEN.
John Lucas,
John P. Quigley,
J. C. Chapman,
F. M. Robinson,
John Pier,
Hilarius Pleins,
J. B. Howard,
A. F. Jaeger,
L. W. McMaster,
A. H. Peaslee,
A. Kaiser,
Peter Kiene, Jr.
1873
A. H. PEASLEE, Mayor.
ALDERMEN.
John P. Quigley, J. J. Linehan,
A. A. Cooper, J. B. Howard,
John Pier, John Krayer,
James Beach,
J. W. Parker,
A. F. Jaeger,
A. Kaiser.
1874
A. H. PEASLEE, Mayor.
ALDERMEN.
A. A. Cooper, Philip Pier,
Patrick Lagen, John Krayer,
J. J. Linehan, Henry Hune,
J. O'Hea Cantillon, J. W. Parker,
John Maclay,
A. Kaiser,
George Fengler.
1875
JAMES CUSHING, Mayor.
ALDERMEN.
Patrick Lagen, J. J. Linehan,F. T. Walker,
J. P. Quigley, J. O'Hea Cantillon, George Fengler,
Philip Pier, John Wunderlich, M. Blumenauer.
John Maclay,
1876
GEORGE B. BURCH, Mayor.
ALDERMEN.
John P. Quigley,
Arthur McCann,
J. J. Linehan,
F. T. Walker,
Philip Pier, M. M. Walker,
John Wunderlich, M. Blumenauer,
J. O'Hea Cantillon, John M. Lillig.
Thos. Kavanaugh,
Joseph Herod,
J. J. Linehan,
L. Doerfler,
P. Clancy,.
Jos. Herod,
Theo. Altman,
G. Rath,
OFFICERS OF THE CITY GOVERNMENT. XI
1877
GEORGE B. BURCH, Mayor.
ALDERMEN.
Arthur McCann,
John P. Quigley,
Philip Pier,
M. M. Walker,
John O'Neill,
John P. Quigley,
Arthur McCann,
J. J. Linehan,
J. J. Linehan, John D. Bush,
J. O'Hea Cantillon, John M. Lillig,
Peter Fay, Louis Doerfler,
1878
W. J. KNIGHT, Mayor.
ALDERMEN.
Theodore Altman,
Peter Fay,
Michael Brown,
John D. Bush,
Joseph Herod,
Louis Doerfler,
John M. Lillig.
1879
JOHN D. BUSH, Mayor.
ALDERMEN.
Arthur McCann,
John O'Neill,
Theodore Altman,
Joseph Herod,
J. J. Linehan,
Michael Brown,
B. W. Jones,
C. Leckie,
John M. Lillig,
Louis Doerfler.
1880
JOHN D. BUSH, Mayor.
ALDERMEN.
B. W. Jones,
Theo. Altman,
Geo. Fengler,
John O'Neill,
C. Leckie,
G. Rath.
1881
JOHN J. LINEHAN, Mayor.
ALDERMEN.
P. W. Crawford,
P. C. Foley,
Geo. Fengler,
Thos. Kavanaugh,
L. Doerfler,
B. W. Jones.
Thos. Byrne,
Martin Kane,
M. H. McCarthy,
Chas. Hollnagel,
Philip Ryder,
P. W. Crawford;
John P. Page,
Henry Deckert,
Thos. Byrne,
P. W. Crawford,
J. M. Byrne,
A. M. Downer,
P. Clancy,
P. W. Crawford,
Theo. Altman,
Henry Deckert,
XI I
Thos. Kavanaugh,
John Glab,
P. C. Foley,
L. Doerfler,
OFFICERS OF' THE CITY GOVERNMENT.
1882
JOHN J. LINEHAN, Mayor.
ALDERMEN.
B. W. Jones,
Theo. Altman,
Henry Deckert,
P. Clancy,
P. W. Crawford,
Peter Olinger.
1883
FREDERICK O'DONNELL, Mayor.
ALDERMEN.
Peter Olinger, Thos. Kavanaugh,
M. H. McCarthy, John Glab,
Chas. Hollnagel, James Martin.
1884
FREDERICK O'DONNELL, Mayor.
ALDERMEN.
James Martin,
John P. Page,
Henry Deckert,
P. Clancy,
P. W. Crawford,
P. Olinger.
1885
JOHN GLAB, Mayor.
ALDERMEN.
P. Olinger, Thos. Byrne,
J. M. Byrne, Martin Kane,
Chas. Hollnagel, A. M. Downer.
1886
JOHN GLAB, Mayor.
ALDERMEN.
J. W. Parker, Philip Ryder,
C. D. Hayden, L. Doerfler,
Chas. Hollnagel, John Trexler.
Thomas Byrne,
John Trexler,
J. W. Parker,
John Meyer,
OFFICERS OF THE CITY GOVERNMENT.
1887
C. A. VOELKER, Mayor.
ALDERMEN.
Thos. Kenneally, John Mulkern,
John Kleinschmidt, C. D. Hayden,
D. W. Rand, Louis Doerfler.
1888
GEORGE B. BURCH, Mayor.
ALDERMEN.
Thomas Kenneally, John W Halpin,
John Kleinschmidt, John Meyer,
Bentley Rawson, D. W. Rand,
C. J. W. Saunders,
John Trexler,
John Mulkern,
F. B. Daniels.
1889
R. W. STEWART, Mayor.
ALDERMEN.
John W. Halpin, William Coates, John Trexler,
John Wunderlich, C. J. W. Saunders, Bentley Rawson,
Isaiah Cleminson, F. B. Daniels, O. F. Hodge,
Frank J. Stoltz,
1890
R. W. STEWART, Mayor.
ALDERMEN.
John W. Halpin,
John Babcock,
John Wunderlich,
Frank J. Stoltz,
Isaiah Cleminson,
John Trexler,
O. F. Hodge,
Joseph P. Lowry,
P. W. Crawford,
C. J. W. Saunders.
1891
R. W. STEWART and CHAS. J. W. SAUNDERS, Mayor.
ALDERMEN.
John W. Halpin,
John Glab,
Mell H. Cushing,
Edw. C. Peaslee,
John Babcock,
John Trexler,
P. W. Crawford,
Chas. Fosselmann,
XIII
Dennis Smith,
John P. Page,
C. J. W. Saunders,
Frank J. Stoltz.
XIV - OFFICERS OF THE CITY GOVERNMENT.
1893
CHAS. J. W. SAUNDERS, Mayor.
Recorder J C. FITZPATRICK
Treasurer .LAWRENCE M. GONNER
Attorney J J. McCARTHY
Auditor JOHN M. KENNETY
THOMAS BYRNE,
JOHN P. PAGE,
MELL CUSHING,
ALDERMEN.
First Ward.
Second Ward.
Third Ward.
Fourth Ward.
EDWARD C. PEASLEE,
Fifth Ward.
FRANK STOLTZ,
1893
DENNIS SMITH
JOHN GLAB
PETER OLINGER
P. W. CRAWFORD
N. P. NICKS
OFFICERS OF THE CITY GOVERNMENT. XV
1894
PETER OLINGER, Mayor.
Recorder
Treasurer
Auditor
Attorney
Assessor
J. W. HALPIN,
T. J. SHEA,
A. VOGLER,
P. W. CRAWFORD,
JOS. KAUFMANN,
T J. COONEY
H. B. GNIFFKE
M. M. McCARTEN
JAS. E. KNIGHT
JOHN F. STEMM
ALDERMEN.
First Ward.
Second Ward.
Third Ward.
Fourth Ward.
Fifth Ward.
1895
JAS. BUTLER
PHIL. RYDER
A. VOGEL
J. B. POWERS
JOHN M. LILLIG
A. W. DAUGHERTY, Mayor. PETER OLINGER, Mayor.
Recorder T J. COONEY Recorder
Treasurer H. B. GNIFFKE Treasurer
Auditor J M. KENNETY Auditor M. M. McCARTEN
Attorney JAS. E. KNIGHTAttorney JAS. E. KNIGHT
Assessor J F. STEMM Assessor JOHN F. STEMM
JAMES BUTLER,
PHIL. RYDER,
ADAM VOGEL,
P. W. CRAWFORD,
JOHN M. LILLIG,
ALDERMEN.
First Ward.
Second Ward.
Third Ward.
Fourth Ward'.
Fifth Ward.
THOS. BYRNE
JOHN GLAB
PETER OLINGER
J. B. POWERS
N. P. NICKS
T J. COONEY
H. B. GNIFFKE
ALDERMEN.
First Ward.
J. W. HALPIN,
Second Ward.
PHIL. RYDER,
Third Ward.
A. VOGLER,
Fourth Ward.
P. W. CRAWFORD,
Fifth Ward.
JOSEPH KAUFMANN,
A. CULLEN
T. J. SHEA
JOHN SCHULTE
W. W. BONSON
THEO. BAUER
XVI
Recorder
Treasurer
Auditor
Attorney
Assessor
OFFICERS OF THE CITY GOVERNMENT.
1896
T. T. DUFFY, Mayor.
L. M. LANGSTAFF
H. B. GNIFFKE
...M. M. McCARTEN
JAS. E. KNIGHT
JOHN F. STEMM
A. A. CULLEN,
PHIL. F. RYDER,
THEO. ALTMAN,
W. W. BONSON,
THEO. BAUER,
Recorder
Treasurer....
Auditor
ALDERMEN.
First Ward.
Second Ward.
Third Ward.
Fourth Ward.
Fifth Ward.
J. W. McEVOY
B. LAGEN
G. B. ALBRECHT
C: H. BERG
FRANK DENNERT
1897
T. T. DUFFY, Mayor.
L M. LANGSTAFF
Attorney
Assessor
A. A. CULLEN,
B. LAGEN,
GEO. B. ALBRECHT,
C. H. BERG,
FRANK DENNERT,
H. B. GNIFFKE
M. M. McCARTEN
.THOMAS H. DUFFY
E O. DUNCAN
ALDERMEN.
First Ward.
Second Ward.
Third Ward.
Fourth Ward.
Fifth Ward.
J. W. McEVOY
M. STAFFORD
J. R. JELLISON
P. W. CRAWFORD
C. T. THOMAS
4
Recorder
Treasurer
Assessor
Auditor ,
Attorney
Engineer
Marshal
OFFICERS OF THE CITY GOVERNMENT.
1898-1899
C. H. BERG, Mayor.
L M. LANGSTAFF
H. B. GNIFFKE
E O. DUNCAN
F B. HOFFMAN
THOMAS H. DUFFY
E C. BLAKE
EDWARD MORGAN
C. E. WALES,
ALDERMEN--AT--LARGE.
RUDOLPH JONES
ALDERMEN.
First Ward
Second Ward
Third Ward
Fourth Ward
Fifth Ward
JAMES T. DUGGAN
P HMcLAUGHLIN
JOHN FLYNN
P W. CRAWFORD
E E. FRITH
J
RUDOLPH JONES,
Recorder
Treasurer
Assessor
Auditor
Attorney
Engineer
Marshal
Street Commissioner
Chief of Fire Department
CITY OFFICERS
1900-190I .
C. H. BERG, Mayor.
J. W. KINTZINGER, Mayor Pro Tem.
L. M. LANGSTAFF
HENRY B. GNIFFKE
C B. SCHERR
F B. HOFFMAN
THOMAS H. DUFFY
E. C. BLAKE
EDWARD MORGAN
WM. P. CARTER
JOS. REINFRIED
ALDERMEN--AT--LARGE.
J. J. SHERIDAN
ALDERMEN.
First Ward
Second Ward
Third Ward
Fourth Ward
Fifth Ward
MAT. CLANCY
P H McLAUGHLIN
J L HORR
J W. KINTZINGER
. EUGENE FRITH
CITY COU
ti
CILoFDUBUQUE.
RULES OF ORDER.
Rule I. The rules of procedure and order of business
shall be strictly adhered to by the City Council, unless they
shall be temporarily suspended by the consent of three -fourths
of the aldermen present.
Rule 2. The City Council shall meet regularly on the First
and Third Thursday of each month, at 8 o'clock P. M.
Rule 3. Special Meetings of the Council may be called
at any time by the Mayor, or in his absence by the president
pro tem., by giving to each member reasonable notice of such
meeting, sent personally by the Marshal, or by notice in writing
left at his usual place of residence or business, stating the time
and place of such meeting. And it shall be the duty of the
Mayor, or in his absence, of the president pro tem., to call a
special meeting of the Council at any time, upon the request of
five members thereof.
Rule 4. The Mayor, when present, shall preside at meet-
ings of the Council, and shall have the casting vote and no other.
Rule 5. At all meetings of the Council a majority of all
the Aldermen elected shall constitute a quorum to do business,
but a minority may adjourn from day to day, .and compel the
attendance of absent members, by a fine of not to exceed ten
dollars for each and every such offense.
Rule 6. At the hour of meeting, the members shall be
called to order by the Mayor or president pro tem., or in their
absence, by the Recorder, who shall proceed to call the roll,
note the absentees, and announce whether a quorum be present.
If made necessary by the absence of the Mayor and president
pro tem., the members present may elect one of their number
president for the occasion. Upon the appearance of a quorum,
and being duly organized, the Council shall proceed to the busi-
ness before them, which shall be conducted in the order follow-
ing:
I. Reading the minutes of the last meeting —amendment
and approval of the same.
2. Presentation of bills.
20
RULES OF ORDER.
3. Presentation of petitions and communications.
4. Reports of officers.
5. Reports of standing committees.
6. Reports of select committees.
7. Unfinished business of preceding meetings.
8. Motions, resolutions and notices.
Rule 7. The Mayor shall _preserve order and decorum,
and shall decide questions of order, subject to appeal to the
Council.
Rule 8. While the Mayor is putting the question no
member shall walk across or out of the Council room.
Rule 9. No member shall leave the sittings of the Council
without leave of the president.
Rule ro. Every member, when desirous of speaking, shall
rise from his seat, address himself to the Mayor, and say, "Mr.
President," but shall not proceed with his remarks until recog-
nized and named by the chair.
Rule II. Persons other than members of the Council shall
not address the Council otherwise than in writing.
Rule 12. No member shall speak more than twice on the
same general question, without the leave of three -fourths of the
members present.
Rule 13. While a member is speaking no member shall
entertain private discourse, or pass between him and the Chair.
Rule 14. A member called to order shall immediately sit
down, unless permitted to explain. If there be no appeal, the
decision of the Chair shall be conclusive ; but if the member ap-
peal from the decision of the Chair, the Council shall decide on
the case without debate.
Rule 15. All motions and resolutions shall be reduced to
writing, if required by the president or a member, and when
seconded and stated by the Chair, shall be open for considera-
tion ; and no motion or resolution can be withdrawn after it
shall have been amended or decided.
Rule 16. Every member who shall be present when a ques-
tion is stated from the Chair, shall vote thereon, unless excused
by the Council, or unless he be directly interested in the ques-
tion, in which case he shall not vote.
Rule 17. If a vote is doubted, any member may call for
a division, and the question shall then be decided by the mem-
bers rising in their places. The ayes and noes may be called
for by any one member, in which case the names of members
voting shall be recorded on the minutes.
RULES OF ORDER.
21
Rule 18. If the question in debate contains. several dis-
tinct propositions, any member may have the same divided.
Rule 19. When a blank is to be filled and different sums
and terms are proposed, the question shall first be put upon the
largest sum and longest time.
Rule .2o. Motions on the subject under consideration shall
have precedence in the following order :
I. To lie on the table.
2. To postpone.
3. To commit.
4. To amend.
Rule 21. A motion to adjourn shall always be in order,
except that it shall not be repeated without the intervention of
some other proceeding; it shall have precedence over all other
motions, and shall be decided without debate.
Rule 22. A motion for the "previous question," to lie on
the table, or to commit, shall, until it is decided, preclude all
amendment and debate on the main question, and a motion to
postpone indefinitely, or to a certain day, shall, until it is decided
preclude all amendments on the main question.
Rule 23. The "previous question" shall be as follows:
"Shall the main question be now put ?"
Rule 24. A motion to reconsider shall not be entertained
except on the same day, or at the next succeeding regular meet-
ing after the day on which the vote was taken, and shall be made
only by a member who voted with the majority.
Rule 25. All committees shall be appointed by the Mayor,
or in his absence, by the president pro tem., unless otherwise
directed by the Council.
Rule 26. Standing and select committees shall in all cases
report in writing. All reports of committees shall be addressed,.
"To the Mayor and Aldermen," or the "City Council" of Du-
buque.
Rule 27. The standing committees shall be appointed an-
nually, and the person first named on the committee shall be
chairman thereof. The following shall be the standing com-
mittees, to -wit :
I. On finance.
2. On ordinances.
3. On claims.
4. On streets.
5. On harbors.
22
RULES OF ORDER.
6. On markets.
7. On public grounds and buildivegs.
8. On printing.
9. On fire and water.
io. On police and light.
11. On delinquent tax.
12. On sewers.
13. On supplies.
14. On electrical construction.
15. On paving.
16. On executive committee ; board of health.
Rule 28. All appointments to office by the Council shall
be by ballot or viva voce, as the Council shall determine, and a
majority of the members present shall be necessary to a choice.
Rule 29. All ordinances or by-laws of a general or per-
manent nature shall be fully and distinctly read at two regular
meetings of the Council before their final passage. No ordi-
nance shall contain or relate to more than one subject, which
shall be clearly expressed in its title.
Rule ,3o. The City Recorder shall direct all papers to ap-
propriate committees and officers, as early as the next day after
the reference shall have been made, and the Marshal shall de-
liver the same. The Recorder shall attend all meetings of the
Council.
Rule 31. The Marshal shall have charge of the Council
room, shall attend all the meetings of the Council, and assist in
preserving order.
Rule 32. The Council shall keep a journal of its proceed-
ings, which shall be open at all times for inspection ; shall make
and enforce rules for its government ; compel the attendance of
- absent members, when necessary ; punish for disorderly con-
duct ; and by a vote of two-thirds of the Aldermen elected may,
at their discretion, expel any member. But if such member.b;
re-elected to fill the vacancy occasioned by such expulsion, he
shall not again be expelled for the same offense.
Rule 33. No personalities or reflections injurious to the
feelings of any member, or the harmony of the Council, shall
be tolerated, and every person indulging in such personalities
shall be called to order by the Chair.
REVISED ORDINANCES
OF 1901.
A RESOLUTION for Revising, Amending and Consoli-
dating the Ordinances of the City of Dubuque, Iowa :
WHEREAS, It is expedient that the Ordinances of this
City should be revised, consolidated and arranged in appropriate
chapters and sections; that omissions should be supplied and
defects amended, and that the whole should be rendered plain,
concise and intelligible; therefore,
BE IT RESOLVED by the City Council of the City of
Dubuque: That all the ordinances of the city be revised and
published in book form, and that such publication shall be a
sufficient publication and they shall be in force from and after
such publication.
Adopted, April 4, 1901.
Approved, April 5, 1901.
C. H. BERG,
Attest : Mayor of the City of Dubuque, Iowa.
L. M. LANGSTAFF, City Recorder.
CHAPTER I.
AN ORDINANCE establishing the City Seal.
Be it Ordained by the City Council of the City of Dubuque:
Section 1. That the seal heretofore provided and used by
and for the City of Dubuque, having in the center the words,
"La Petite Nuit," and around the edge "Seal of the City off
Dubuque, Iowa," is hereby established and declared to have -
been and now to be the seal of the City of Dubuque.
24
REVISED CITY ORDINANCES.
CHAPTER II.
AN ORDINANCE to provide for adjusting and re-establishing
the Ward boundaries.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the First Ward of the . City of Dubuque
shall include all that part of the city lying south of the follow-
ing line, to -wit : Commencing at a point where the center line
of Third street, extended, intersects the main channel of the
Mississippi river thence running westerly along the center line
of Third street, as laid out and established, to Grandview
avenue ; thence from Grandview avenue westerly along the
south boundary of mineral lot one hundred and sixty-one (t6i)
to its southwest corner ; thence northwesterly along the bound-
ary line between mineral lots one hundred and sixty-two (162)
and one hundred and sixty-three (163) to the south boundary
of the sub -division of the Gilliam lot, as exhibited on Tschirgi's
map of the City of Dubuque ; thence westerly along, the south
boundary of said sub -division to the west bound 'ry of the City
of Dubuque.
Sec. 2. The Second Ward shall include all that portion
of the city north of the First Ward, east of Grandview avenue,
and south of the following line, to -wit : Commencing at a point
where Eighth street, extended easterly, intersects the main
channel of the Mississippi river ; thence running westerly along
the center of Eighth street and Julien avenue to the intersection
of said avenue with West Eighth street ; thence to its intersec-
tion with the Delhi road at Broad street ; thence westerly along
the center of the Delhi road to Grandview avenue.
Sec. 3. The Third Ward shall include all that part of the
city situated north of the Second Ward and east and south of
the following described line, to -wit : Commencing at the inter-
section of Eighth and Main streets, and running northerly along
the center of Main street to Seventeenth ; thence easterly along
the center of Sevententh street to its intersection with Seminary
street ; thence northerly along the center of Seminary street to
its intersection with Heeb's alley ; thence northerly along the
center of said alley to the south boundary of Marsh's addition ;
thence easterly along the south boundary of Marsh's addition
to Couler avenue ; thence from Couler avenue easterly along
the center line of Lake street to the intersection of Lake street
with the center line of Cedar street ; thence easterly in a direct
line to a point at the intersection of the center line of Lvnn
street with the center line of Twentieth street; thence easterly
along the center line of said Twentieth street, extended, in a
direct course to the main channel of the Mississippi river.
REVISED CITY ORDINANCES.
25
Sec. 4. The Fourth Ward shall include all that part of the
city situated north of the First Ward, west of Grandview avenue,
and north of the Second Ward, east of Grandview avenue, west
of the westerly boundary of the Third Ward as described by the
last preceding section, and south of a line described as follows,
to -wit : Commencing at the northwest corner of the Third
Ward at a point where the center line of Heeb's alley intersects
the south boundary line of Marsh's addition, and running thence
westerly in a direct course to the northeasterly corner of Cox's
addition ; thence northwesterly along the north line of Cox's
addition to the northeast corner of Porter's addition ; thence
westerly along the north line of Porter's addition to the north-
east corner of Littleton and Sawyer's addition ; thence along the
north line of Littleton and Sawyer's addition to the northwest
corner of said addition ; thence in a direct course due west to the
west boundary of the city.
Sec. 5. The Fifth Ward shall include all that part of the
city lying north of the northern boundary line of the Third and
Fourth Wards, as described in the last two preceding sections.
CHAPTER III.
AN ORDINANCE providing for the subdivision of the several
wards of the City of Dubuque into election precincts.
Be it Ordained by the City Council of the City of Dubuque:
Section I That the First Ward of the City of Dubuque
shall be, and is hereby divided into two election precincts. That
all that portion of said Ward lying south of Dodge street and
South street and on a direct line from center of South street to
city limits shall constitute and be known as the First Precinct ;
that all that portion of said Ward lying north of Dodge street
and South street shall constitute and be known as the Second
Precinct.
Sec. 2. That the Second Ward of said city shall be divided
into two election precincts. That all that portion of said Ward
east of Locust street shall constitute the First Precinct ; and all
that portion of the Ward west of Locust street shall constitute
the Second Precinct.
Sec. 3. That the Third Ward of said city shall be divided
into three precincts. All that portion of said Ward lying be-
tween Eighth and Twelfth streets shall constitute the First Pre-
cinct ; all that portion of said Ward lying between Twelfth and
Fifteenth streets shall constitute the Second Precinct; all that
portion of said Ward north of Fifteenth street shall constitute
the Third Precinct.
26
REVISED CITY ORDINANCES.
Sec. 4. That the Fourth Ward of said city shall be divided
into three election precincts. That all that portion of said
Ward lying south of Fourteenth street and east of Alta Vista
street shall constitute the First Precinct ; all that portion of said
Ward west of Alta Vista street and south of West Locust street
and Arch street to the city limits shall constitute the Second
Precinct ; all that portion of said Ward north of Fourteenth
street and east of Alta Vista street to its intersection with West
Locust street, and all north of Arch street and north and east.of
West Locust street, shall constitute the Third Precinct.
Sec. 5. That the Fifth Ward of said city shall be divided
into four election precincts. All that portion of said Ward lying
west of Couler avenue shall constitute the First Precinct; all
that portion of said Ward lying north of Twentieth street,
east of Coulee 'avenue, south of Sanford street and west of
Windsor avenue shall constitute the SeconcjpPrecinct ; all that
portion of said Ward lying east of Windsor avenue to intersec-
tion with Twentieth street to city limits shall constitute the
Third Precinct; all that portion of said Ward lying north of San-
ford street, east of Couler avenue, west of Windsor avenue to
city limits shall constitute the Fourth Precinct.
CHAPTER IV.
AN ORDINANCE to regulate Elections.
Be it Ordained bytheCity Council of the City of Dubuque:
Section 1. The City Council shall, not less than ten days
before the regular city election, appoint andprovide a place in
each precinct at which the election shall be held, and notice of
the same shall be published in the proclamation of the Mayor,
which shall be issued in conformity with Section 4 of the City
Charter, and shall specify the officers to be elected, and time
for opening and`closing of the polls.
Sec. 2. The City Council shall also, on or before the sixth
Monday preceding each general election, appoint a Board of
Registers as provided by Chapter 2, Title VI., of the Code of
1897 of Iowa, whose duties shall be, and who shall proceed as
provided in said chapter and amendments thereto.
Sec. 3. The City Council shall appoint three judges and
two clerks for each polling place, and each Alderman shall be
appointed as a judge of election in the precinct in which he re-
sides. No more than two of such judges, nor one of said clerks,
shall belong to the same political party. That at all city elec-
tions in the City, a separate poll shall be opened at such place as
shall be designated by the City Council in each of the Precincts
REVISED CITY ORDINANCES.
27
for the reception of the ballots of the legal voters. No person
shall vote in any other Precinct than that in which he resides at
the time.
Sec. 4. Vacancies in the Board of Registers, or of the
Judges and Clerks of Election shall be filled as provided by Sec-
tions 1076 and 1093 of the Code of 1897, and the City Council
and the City Officers shall perform all the duties required of
them by the laws of the State of Iowa as to registration of
voters, and the holding of elections, and such elections shall be
conducted in the manner, and the vote canvassed and declared,
so far as practicable, as provided by the state law relating to
elections.
CHAPTER V.
AN ORDINANCE providing for the election of City Officers ;
fixing their term of office, and qualifications.
Be it Ordained by the City Council of the City of Dubuque :
Section r. That at the regular city election, on the First
Monday in April, 1902, and every two years thereafter, there
shall be elected, a Mayor, a Recorder, Auditor, Treasurer, City
Attorney, Assessor and Engineer, two Aldermen at Large, and
one Alderman from each Ward in the city, who shall hold their
offices for the term of two years, and until their successor shall
have been elected and qualified. The term of ,no appointive
officer shall exceed two years.
Sec. 2. That all officers in said city who are required to
qualify by bond, before entering upon the duties of the office
to which such person may be elected or appointed, shall present
to the City Council for their approval a bond with at least two
good and sufficient sureties, resident freeholders of said city, or
guaranteed by a company or corporation, as provided by Sec-
tion 36o of the Code of 1897, of Iowa, in such penal sum as the
City Council may by resolution fix and determine therefor,
which bond shall be conditioned that the person so elected or
appointed to such office shall faithfully perform the duties of the
office to which he may be elected or appointed; that he shall
promptly pay over all moneys which may come into his hands
by virtue of his office, to the person or officer entitled thereto ;
that he shall promptly account for all balances of money re-
maining in his hand at the termination of his office, and that he
shall exercise all reasonable diligence and care in the preserva-
tion of all books, papers, money or other property belonging to
said city and appertaining to his office, and deliver the same to
his successor or any other person authorized to demand and re-
ceive the same.
mai
28
REVISED CITY ORDINANCES.
Sec. 3. That all official bonds, as provided in the preceding
Section, shall run to the City of Dubuque, and if accepted and
securities approved by the City Council, shall be filed in the
office of the City Recorder, and by him securely kept, and in
case of the breach of any condition thereof, such bond shall be
prosecuted in the name of the city, against the persons or cor-
porations whose names are subscribed thereto, or their personal
representatives, before any court having jurisdiction, and all
moneys thereon received or secured shall be paid into the City
CityTresury as her
bond of the
a Recorder t city
shall be deposited the
with and kept by the Auditor.
Sec. 4. That no city officer shall be entitled to enter upon
the discharge of his official duties until after he shall have taken
the oath of office duly administered in open session at some
regular or special meeting of the City Council by the Mayoror
other presiding officer —which oath shall be in the following
form :
I , do solemnly swear, or affirm, that I will
support the constitution of the United States and of the State
of Iowa, and faithfully towhich I have and impartiabe by een dutiesrform the elected (orappointed)._
office of
So help me God!
Sec. 5. In the case of officers who may be required by
ordinance or resolution of the Council to give bonds for the
faithful discharge of their duties, no officer shall be permitted
to take the oath of office until his official bond shall have been
approved. Whenever the official bond of any officer shall have
been approved, the Mayor, or temporary
presiding officer,
indorse on said bond the fact of such approvalb Y the City
Coun-
cil. And the Recorder shall thereupon enter said bond in the
"Bond Book" of the city.
Sec. 6. All officers elected at a regular election, except the
Mayor and Aldermen, and all officers appointed by the City
Council who have qualified, as heretofore provided, shall enter
on the discharge of their official duties and their compensation
begin, on the first day of May following, and shall continue to
discharge said duties and be entitled to the compensation there-
for until the first day of May following the election or appoint-
ment and qualification of their successors, except as otherwise
provided by law or ordinance ; Provided that any appointive
officer may be removed by the Council or his office discontinued
at any time.
Sec. 7. The City Council shall fill all vacancies which may
occur among the officers of said city, by appointment, except
as otherwise provided. The person so appointed to hold office
REVISED CITY ORDINANCES.
29
if an elective office, until the next succeeding regular city
election, when the vacancy shall be filled by election by the
people.
CHAPTER VI.
AN ORDINANCE to determine contested elections and tie
votes.
Be it Ordained by the City Council of Dubuque :
Section i. The City Council shall be the tribunal for the
trial and decision of contested city elections, and it shall have
the power to compel the attendance of any witness deemed
necessary and compel such witness to testify and answer all
questions proper for a determination of the contest. The Mayor
shall preside, or if he be the party, then a Mayor pro tem., elect-
ed by the Council. No officer whose right is being contested
shall act officially in the determination of the contest. The con-
testant must file with the Recorder of the city a verified written
statement giving notice of his intention to contest the election,
the name of the incumbent, the office contested, the time of elec-
tion, and the particular causes of contest. He must also file a
bond, with sureties to be approved by the Recorder, conditioned
to pay all costs in case the election be confirmed, or the state-
ment dismissed, or the contestant fails.
Sec. 2. When the reception of illegal, or the rejection of
legal votes is the ground of the contest, the names, when known,
of the person who so voted, or whose votes were rejected, with
the election precincts where they so voted or offered to vote,
shall be set forth in the statement above provided for. And in all
cases the statement must specify with particularity the grounds
upon which the contestant relies.
Sec. 3. The Recorder shall cause a notice of this statement
to be served upon the incumbent without delay, which shall state
the time and place of the trial, which shall be fixed by the Mayor
not less than twenty or more than thirty days from the filing of
the statement, and the notice shall be served ten days before the
trial. The incumbent shall, under oath, answer the statement,
and file the answer with the Recorder within five days after be-
ing served with notice of the contestant's statement. After the
time for answering has elapsed, either party may take testimony
by deposition, on giving two days' notice. The evidence may be
verbal, or by deposition, or both. If a witness whose testimony
has been taken by deposition is a resident of the city, or can
readily be procured, the Council may, if it sees fit, order him to
be produced to testify in their presence. No ex parte evidence
shall be received except by consent. And the Council shall de-
111
If
30
REVISED CITY ORDINANCES.
termine the contest at its next meeting after the hearing, unless
good cause for continuance be shown by affidavit stating the
facts. No adjournment or continuance shall be for a longer
time than is necessary to give the parties an opportunity for a
fair trial; and the parties maybe heard by themselves or by
counsel.
Sec. 4. Whenever two or more persons receive an equal
and the highest number of votes for Mayor, Alderman, or any
other elective municipal office, the Recorder shall issue a notice -
to such persons of such tie vote, and require them to appear at
the next special, or adjourned, or regular meeting of the Coun-
cil to be held after the service of such notice; to determine by
lot which of them is elected.
Sec. 5. The lot shall be arranged by the Mayor or acting
Mayor, in the presence of the Council, and of the parties, if
present. If either or any of the parties fail to appear and take
part in the lot, the Mayor or presiding officer shall draw for
him, and the proceedings and results shall be entered upon the
journal by the Recorder.
Sec. 6. All the provisions of Chapter Seven, Title VI., of
the Code of 1897, for contesting the election of county officers,
so far as the above is applicable, and except as herein modified,
shall apply to contests held under and by virtue of this ordi-
nance. The result, the vote being taken by ayes and nays, shall
be entered upon the records of the Council. The unsuccessful
party is liable for costs of officers and witnesses, and depositions.
And for these costs an action lies by the successful party, or the
officer or witness entitled to his fees. In novase shall the city
be liable for such costs.
CHAPTER VII.
AN ORDINANCE relating to City Property.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That it shall be the duty of each and every of-
ficer of this city, in possession of any movable or personal prop-
erty belonging to the city, within ten days after receiving the
same, to make and file with the City Auditor a full and specific
list or schedule of all and every article or articles of whatever
kind and description belonging to the city in his possession or
under his control, with his signature subscribed thereto ; Pro-
vided, That the list or schedule to be made by the City Auditor
shall be filed with the City Treasurer, and every officer here: -
after elected or appointed shall, on entering upon the duties of
his office, file a like receipt.
Sec. 2. The list or schedule to be made and filed by the
REVISED CITY ORDINANCES.
31
Recorder and Treasurer shall include, by specific name and de-
scription, all books of record or account, relating to the affairs
of the city, and all printed books and pamphlets, and all other
property belonging to the city, in possession of either of said
officers, exclusive of written papers on file in the office of either
of them. .
Sec. 3. That after said lists or schedules are made and
filed, as hereby required, it shall be the duty of every city officer,
as often as he shall receive into his custody by purchase on ac-
count of the city, or in any other manner, any property of the
city for which he shall not have delivered a receipt to some other
person lawfully holding the same of and for the city, immedi-
ately to file a receipt therefor with the City Auditor, stating
therein when, of whom, and by what authority he obtained the
same.
Sec. 4. That no officer having possession or control of any
city property whatsoever, shall at any time deliver or transfer
such property, or any part thereof, to any other person, unless
such person is duly authorized to take and receive the same, and
shall first have executed and delivered a specific receipt therefor.
Sec. 5. That all official receipts of any incoming officer to
his predecessor, shall be executed in duplicate, one of which
shall be immediately filed with the City Auditor, and no out-
going officer shall be entitled to any allowance of unpaid salary
for the last month of his term of office, nor shall the Council
make any such allowance until he shall produce the receipt of
his successor in office, for all property for which such outgoing
officer is or may be mountable.
Sec. 6. That if any officer of this city shall suffer any prop-
erty thereof, in his custody or under his control, to be lost, or
to be injured or destroyed, and unless he can show, to the satis-
faction of the City Council, that such loss, injury or destruction,
was occasioned by circumstances beyond his control, and that
he used due diligence and care to preserve such property, he
shall be required to replace the same, and upon failure to replace
and make good such property within such time as the City Coun-
cil may fix, the value thereof shall be deducted and retained out
of his salary, or if the value thereof shall exceed the amount of
his salary clue, or to become due, he shall be liable therefor on
his official bond.
CHAPTER VIII.
AN ORDINANCE to define the duties of the Mayor of the
City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section i. The Mayor shall be the chief executive officer
33
of the city, and shall take care that the criminal laws of the State
and the ordinances of the city are duly enforced within the city.
He shall from time to time give to the City Council information
in regard to the affairs of the city, and make such recommenda-
tions as he may deem advisable.
Sec. 2. He may call special sessions of the City Council at
any time by giving each member thereof reasonable notice of
such meeting, sent personally by the Marshal or Chief of Police,
or by notice in writing left at his usual place of residence, stating
the time and place of such meeting. And it is hereby made his
duty to call a special meeting of the Council at any time, upon
written request of four members thereof ; and when the same
shall have assembled he shall state the cause for which it has
been called.
Sec. 3. The Mayor shall have general supervision over all
city officers, and may, as often as he shall deem nec he books,
ary, ex-
amine into the condition of their respective offices,
papers and records therein, and the manner of conducting their
business, and may call upon any officer of the city for informa-
tion in relation to any matter pertaining to the functions of his
office.
Sec. 4. The Mayor shall report to the Council all viola-
tions or neglect of duty on the part of any city officer, which
shall come to his knowledge, and when hekelieves the city will
sustain loss or injury by such violation or neglect, he may con-
vene the City Council for the purpose of taking action in rela-
tion thereto.
Sec. 5. The Mayor shall, on behalf oftthe
party, and aitll shall
con-
tracts made between the city and any
be his special duty to see that the other contracting party faith-
fully complies with his or their part of the contract. He shall
sign all ordinances and resolutions adopted by the City Council
before the same shall be in force, unless they become operative
as provided in Section 685 of the Code. •
Sec. 6. He shall be a conservator of the peace within the
city, and may call to his assistance the police force of the city,
and, if necessary, any citizen of the city to aid him in preventing
or quelling any riot, or unlawful assembly, or in preventing any
breach of the peace within the city. And any officer, or any
private citizen, who shall refuse to obey the orders of the Mayor
in the premises, shall be fined in a sum not less than five, nor
more than one hundred dollars.
Sec. 7. That the office of the Mayor, for the transaction of
all business of the City of Dubuque connected with his official
position, and for the discharge of all duties imposed upon him
REVISED CITY ORDINANCES.
1
REVISED CITY ORDINANCES.
33
by the Charter and Ordinances of said city, shall be kept in the
City Hall.
CHAPTER IX.
AN ORDINANCE to define the duties of the Recorder of the
City of Dubuque.
Be it ordained by the City Council of the City of Dubuque :
Section I. It shall be the duty of the Recorder of this city
to attend at every meeting of the City Council and to furnish
the Mayor with an abstract of all unfinished business. He shall
keep a correct record of the proceedings of the City Council in
a book provided for that purpose, and properly index the same ;
shall issue all notices of regular and special elections required
to be given by law, or in pursuance of any resolution or ordi-
nance of the City Council, and when required by the Mayor, or
in his absence by the Mayor pro tem., shall issue to the City
Marshal a notice to the members of the City Council of any
special meeting of said Council. He shall notify all committees
of their appointment and of the business referred to them; and
shall notify all inspectors and other officers of their election,
and shall, when directed by the City Council, prepare and issue
venires for opening streets and highways, for assessing damages
thereon, and shall perform such other duties as are required of
him by law, ordinance or resolution.
Sec. 2. He shall have the custody of all ordinances passed
by the City Council, and shall record the same at length in a
separate book to he kept for that purpose, and properly index
the same ; and it shall be his special duty to see that all ordi-
nances are promptly and correctly published in the official
papers of the city, and such other papers as may be directed by
the Council, and procure from the publishers thereof the proper
affidavit of such publication, and file and preserve the same in
his office.
Sec. 3. He shall record at length, and properly index, in a
separate book to be provided for that purpose, all resolutions
and orders of the City Council, all reports of every officer, com-
mittee and jury in relation to the laying out or altering of any
street, alley, or highway, or in relation to the grading, paving
or macadamizing thereof, or in relation to the grading, paving,
or curbing of any sidewalk ; also, all notices issued, with the
return of the officer serving the same, and the affidavit of the
printer publishing the same, of the publication thereof. He
shall also, in the same book, and in like manner, record all pro-
ceedings had in relation to filling up or draining of any grounds
or lot in the city, by order of the Council.
ii
34
REVISED CITY ORDINANCES.
Sec. 4. He shall keep the seal of the city, and shall duly
attest thereby all deeds, contracts and other papers required to
be attested. He shall keep a book of deeds and contracts, and
shall enter therein correct copies of all deeds and contracts exe-
cuted by, or in favor of the city, except deeds for cemetery lots,
of which he shall enter in a separate book, the date, name of
purchaser, number of lot and amount paid for same ; and shall
properly index both of said books.
Sec. 5. He shall keep a register of all licenses and permits
granted by the city, noting the time when issued, the business
or purposes for which issued, the .person to whom issued_ and
the date of expiration of the same. He shall also number, file,
and preserve in his office, all petitions and remonstrances pre-
sented to the City Council, and keep a correct list and index
thereof.
Sec. 6. He shall draw orders on the treasury for all money
ordered paid therefrom by the City Council, and shall specify
the fund out of which the same is to be paid, and shall enter the
same in numerical order in a book to be kept for that purpose,
but he shall not draw several orders for smaller amounts to
cancel any order for a larger amount. He shall also keep a
record of all orders drawn by him on the treasury and specify
the number, date, amount, drawee's name, upon what fund, and
the purpose for which the same was appropriated.
Sec. 7. He shall also keep a book designated as a war-
rant book, bound with a marginal back, on which margin he
shall keep a record of the number, date, amount, drawee's
name, upon what fund, of all warrants he may issue by order
of the City Council, and before delivering any warrant shall re-
quire the drawee to receipt for the same, and in all cases where
warrants are disposed of before being issued, he shall, before
delivering such warrant, require a written order for such war-
rant, signed by the drawee, which order shall be attached to
the marginal back.
Sec. 8. He shall report to the City Council, at every regu-
lar session, a correct account of all receipts for money paid into
the City Treasury by any city officer or other person which may
have been filed in his office, and of all orders drawn by him on
the treasury, specifying the date, amount, drawee's name, and
upon what fund drawn, which report, when examined by the
Council, shall be filed with the Auditor.
Sec. 9. He shall keep all records, papers and official docu-
ments belonging to said city, with the ordinances, votes and
proceedings of the City Council and all returns of assessments
and elections for city officers, and of the appointments of all
REVISED CITY ORDINANCES.
35,
officers of the city, and shall, as soon as practicable after each.
meeting of the Council, prepare an abstract of the business
transacted and a correct copy of all ordinances and resolutions.
adopted, and shall deliver there immediately to the City Printer
for publication, and shall not allow any papersor documents to
be taken from his office without the consent of the Council or
by their direction, except when such papers or documents are
required by the City Attorney.
Sec. io. He shall keep a list of all committees and of the
business referred to them, and note when they report, and the
nature of such report.
Sec. IT. He shall furnish to any city officer a duly certified
copy of any record, paper, or public document made or filed in
his office, when the same shall be necessary to said officer in the
discharge of his official duty; and he shall furnish a like copy to
any citizen when required, and he will be entitled to receive, to
be paid by said citizen, the sum of fifteen cents for every one
hundred words said copy shall contain, which shall be paid into
the City Treasury.
Sec. 12. The City Council may at any time appoint a City
Recorder pro tem., who shall perform all the duties of the City
Recorder in his absence, or in case of his inability to act. He
shall give bond in a sum to be fixed by the Council, which shall
be approved and filed in the office of the City Auditor. For all
services performed by the Recorder pro tem. he shall receive all
the salary due the Recorder for the time so employed.
CHAPTER X.
AN ORDINANCE regulating the manner of keeping the Of-
ficial Record of the Proceedings of the City Council of the
City of Dubuque, and to provide for the preservation of
the same.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That immediatelyafter each and every meeting
of the City Council, the City Recorder shall cause the journal
kept by him of the proceedings of such meeting to be correctly,
printed on paper of good and substantial quality, and on pages
of a uniform size, suitable for binding in record book form, with
proper margins, and each page numbered consecutively.
Sec. 2. That prior to the first regular session of the Cite
Council in each month, the Recorder shall cause the journals
printed as provided in the last section, of all the meetings of
the City Council held during the preceding month, to be bound
together in pamphlet form, and to furnish copies of the same
S6
REVISED CITY ORDINANCES.
so bound to the Mayor and each member of the Council, and to
such other officers as the Council may direct. That on the
opening of the regular session of the Council in each month,
the journal of each meeting during the last preceding month
shall be read, ujiless such reading shall be dispensed with by
the Council, and, if found to be correct, approved. If objection
to any portion of the journal shall be raised by any member of
the Council, the same may be corrected. After the journal shall
be approved by a vote of the Council, the printed journal of each
meeting shall be signed by the Mayor, or President pro tem.,
and duly attested and signed by the City Recorder. Said print-
ed journal, when so approved, and signed and attested by the
Mayor and Recorder, shall constitute the official record of the
City Council.
Sec. 3. The journal required to be kept by the Recorder
shall contain in full all motions, resolutions, offered or adopted,
and all other action or proceeding taken, or had, at any regular,
adjourned or special meeting of the City Council.
Sec. 4. That immediately after the last day of December
in each year, the City Recorder shall cause all the printed jour-
nals of the proceedings of the Council for the last preceding
twelve months, as signed and attested by the Mayor and Re-
corder, as provided in the second section of this ordinance, to
be bound together in a substantial book form, which shall con-
stitute the complete and permanent official record for the year.
The City Recorder shall prepare and attach to said book of
record a full and complete index, by subjects, of the contents of
the same.
Sec. 5. That such printed books of record of Council pro-
ceedings shall be in lieu of the manuscript record books here-
tofore used, which shall hereafter be dispensed with.
CHAPTER XI.
AN ORDINANCE to define the duties of City Auditor.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the Auditor shall be the general account-
ant of the city, and shall receive and preserve in his office all
city account books and all vouchers, documents and papers re'
lating to the accounts and contracts of the city, its revenue, debt,
and fiscal affairs, whether between the city and any officer there-
of, or between the city and any person or body corporate, except
when such vouchers, documents or papers are, by ordinance,
placed in the custody of some other officer.
Sec. 2. It shall be the duty of the Auditor :
REVISED CITY ORDINANCES.
First —To keep a record of all claims against the city, for
the payment of which any money may be drawn out of the treas-
ury, and to certify to the City Council the balance or true state
of such accounts, claims or demands.
Second —To keep in proper books in a correct and legible
form, in double entry, the accounts between the city and all of-
ficers, persons, or bodies corporate, who may have the collection
or receipt of any money for the city.
Third —To countersign and keep a register of all warrants
drawn on the treasury, specifying the date, number and amount,
the name of the person to whom, and out of what fund payable,
to be determined by the Auditor.
Fourth —To .deliver to the persons entitled to receive the
same, all warrants drawn on the treasury when called for, taking
receipts therefor and charging the same when delivered to the
proper accounts.
Fifth —To keep an account of all debts due to or from the
city, and a bill book into which he shall enter all bonds, notes
and other obligations given by or payable to the city, with the
names of the person or persons by or to whom, the time when,
and the place where the principal and interest are payable, with
the rate of interest.
Sixth —To keep in proper books the accounts between the
city and the City Treasurer, charging him with all moneys re-
ceived into the treasury, specifying the source from which said
moneys• have been received, and crediting him with all warrants
drawn on the treasury and paid by him.
Sec. 3. The Auditor shall keep separate accounts with
the different funds in the treasury, and of any revenue which
may be set apart and appropriated for any particular object
by law, ordinance or resolution of the City Council.
Sec. 4. Whenever, upon the adjustment of any account, a
sum of money shall be found by the Auditor to be due to the
city from any city officer, and the same shall not be paid into
the City Treasury within ten days after the adjustment of the
account, the Auditor shall certify the amount due, to the
City Council at its next meeting thereafter. He shall, when
required, furnish the City Council with copies or abstracts of
any hook, accounts, records, vouchers, or documents in his
office, or any information in relation to anything pertaining
to his office, or to the revenue of the city, and shall at all
times permit any member of the Council to examine the books,
papers, or documents in his office.
Sec. 5. The Auditor should see that all officers having
the collection or receipt of money for the city, shall make
1
REVISED CITY ORDINANCES.
38
report and payment of the same, at the time required by ordi-
nance, or when not so required, within a reasonable time, and
on failure of any officer to make such report and payment,
the Auditor shall notify the Council at their next regular
meeting thereafter. He shall make and present to the City
Council semi-annual reports, in proper form for publication, of
all receipts and expenditures of money belonging to the city
for the six months preceding the date of such reports, ending
with the months of February and August in each year.
Sec. 6. He shall be in attendance at his office for busi-
ness from the hour of 9 a. m. to 12 m., and from 2 to 4 p. m.,
of each secular day, legal holidays excepted.
CHAPTER XII.
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 :
Section I. 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 re-
ceived 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 receipt, and no
receipts issued by said Treasurer shall be of any binding
force or effect whatever against the city until the same shall
have been so countersigned. He shall keep true and correct
accounts with each fund of all receipts into and disbursements
from the City Treasurer, and shall at the close of each month
prepare and file with the City Auditor a statement of the same
for the month next preceding, and of the amount of money
then in the treasury. He shall keep a record of all orders paid
by him or received in payment of any dues to the city, stating
the number and amount of the same, to whom payable, on
what fund drawn, when presented, and shall return all such
orders to the Auditor to be cancelled weekly at the close of
business on Saturday, and shall at the same time return to said
Auditor to be cancelled all paid bonds or coupons which may
have been received, 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.
Sec. 2, The Treasurer shall pay money from the city
REVISED CITY ORDINANCES.
39
treasury only upon orders drawn upon him by the City Re-
corder, which orders shall be signed by the Mayor, or, in his
absence, by the president pro tem. of the City Council, at-
tested by the Recorder and countersigned by the Auditor,
and all orders so drawn and paid shall be vouchers for his
disbursements, and if on presentation for payment of any order
so drawn there be no money in the treasury belonging to the
fund out of which said order is made payable, he shall, if re-
quired, endorse on such order the date of presentation, and
keep a record of the same.
Sec. 3. The Treasurer shall be ex-officio the collector of
the city, and shall perform all the duties required by law or
ordinance to be performed by the city collector.
Sec. 4. At the expiration of his term of office, the City
Treasurer shall turn over to his successor in office all books,
papers and moneys in his possession as Treasurer and Col-
lector, taking a receipt for the same, and shall make a full
and final report of his doings to the City Council previous to
his surrendering his trust.
CHAPTER XIII.
AN ORDINANCE to define the duties of City Attorney.
Be it Ordained by the City Council of the City of Dubuque:
Section I. That it shall be the duty of the City Attorney :
First —To prosecute and defend all suits and actions to
be brought' or pending in any court in this state to which the
city is a party, or in which, in the opinion of the Council,
the interests of the city are brought into controversy, or in
which the official acts of any of its officers, servants, or agents
are involved.
Second —To advise the City Council, or their committees,
or any city officer, on such legal questions as may arise in
relation to the business of the city, and when required by the
Council shall give his opinion in writing.
Third —He shall keep a book or docket, in which he shall
enter an abstract of all suits in which the city is a party, com-
menced or pending, stating the names of parties, when brought,
and in what court, nature .of' action, names of witnesses, what
steps have been taken, and what are necessary to be taken,
before the trial or next term of the Court, and all other facts
and particulars which may be necessary to enable his suc-
cessor to manage the case understandingly, which book or
docket shall be the property of the city, and at the expiration of
his term of office shall be delivered to his successor: or any
-40
REVISED CITY ORDINANCES.
other person legally authorized to- demand or receive the same,
together with all other books and papers which may be in his
possession in his official capacity.
Fourth —He shall perform all other services in the line of
his profession, connected with the business of the city, not
herein enumerated, and shall in all cases be subject to the
direction of the City Council.
Fifth —He shall report to the City. Council at the first
regular meeting in March in each year, an abstract of all
cases in which he has been engaged in behalf of the city, since
his election or appointment, with the result or condition of
the same.
Sec. 2. No person shall be eligible to the office of City
Attorney unless he shall have been licensed to practice in
any of the courts of this State for at least one year previous
to his election.
CHAPTER XIV.
AN ORDINANCE to define the duties of the City Engineer.
Be it Ordained by the City Council of the City of Dubuque:
Section I. That it shall be the duty of the- City Engineer,
at any time when required by the City Council, to survey and
plat, and make as accurate an estimate as practicable of any
improvement in the streets, alleys and highways of said city,
contemplated or proposed by said Council, and in making
such survey the said Engineer shall designate by suitable
marks and stakes placed in the ground, the situation and char-
acter of such improvement as surveyed and estimated by him.
Sec. 2. That whenever required by the City Council the
City Engineer shall survey and plat any street or highway,
contemplated to be opened in said city, and shall return the
same to the City Council, accompanied by such notes and ex-
planations as shall present a clear description of the route of
such contemplated street or highway, with a designation
thereon of the lands or lots through which the same will pass,
and the proprietor or owner of each part or parcel thereof.
with the amount of land proposed to be taken from each.
Sec. 3. That the said Engineer shall, as soon as prac-
ticable, ascertain and designate upon suitable plats thereof, to
be by him prepared, the grade of each. street or alley, here-
after opened in said city, and shall also designate the same by
some suitable post or mark, fixed at each crossing, or on some
permanent monument near thereto, and shall report the same
to the City Council for their consideration, and in case the
REVISED CITY ORDINANCES.
41
Council shall make any change in the grade of any street or
alley, the Engineer shall designate such change upon the
monument by him placed or designated, as aforesaid.
Sec. 4. The City Council may by resolution, whenever
deemed expedient, authorize the City Engineer to appoint
one or more assistants., who shall be educated and competent
civil engineers, and possessing the same qualifications as the
City Engineer, to assist him in the discharge of his official
duties, but no appointment of any assistant engineer shall
take effect until the City Engineer shall in writing submit
such appointment, and the compensation proposed to be paid,
to the City Council for its approval. The vote on the ques-
tion of such approval shall be by ballot, and a majority of
all the Aldermen shall be required to confirm the appointment.
Any person so appointed and confirmed Assistant City En-
gineer shall hold his position during the pleasure of the Coun-
cil, not exceeding the unexpired term of the principal engineer.
He shall discharge his duties under the direction of the City
Engineer, and be subject to his supervision. The time and
services of the City Engineer and Assistant City Engineer while
holding their several official positions, shall be devoted exclu-
ively to the City of Dubuque, and to the performance of the
duties imposed upon the City Engineer by ordinance, and the
instructions of the City Council. It shall be the duty of the
City Engineer to provide, as far as practicable, that his office
in the City Hall shall be at all times open for business during
ordinary business hours, and that either himself or an assistant,
or other authorized person, shall be present therein for the
purpose of affording facilities for the examination of the maps,
plats, grades, and other official records of the office by all per-
sons desiring access thereto, and of rendering information in
relation to the same. '
Sec. 5. That it shall be the duty of such Engineer to
take charge of all the- books, plats and surveys of streets, alleys
and grades belonging to the city, and safely keep the same,
and on no occasion permit the same to pass out of his pos-
session, except upon order of the City Council, or City Attor-
ney.
CHAPTER XV.
AN ORDINANCE to define the powers and duties of the City
Marshal.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That it shall be the duty of the City Marshal
and he is hereby .authorized and empowered :
42 REVISED CITY ORDINANCES.
First —Diligently to enquire into and report to the Mayor,
City Attorney, or some Justice of the Peace in said city, all
violations of city ordinances, and all neglects to comply with
the requirements thereof, by any person or persons, and to
prosecute the person or persons guilty thereof.
Second —To ascertain all suspicious or disorderly houses,
or houses of ill -fame in the city, and all persons carrying on
any business in said city without license, in all cases where
license is necessary, and to report the same to the City Attor-
ney or a justice of the Peace, and to visit all parts of the city
where disturbances or breaches of the peace, or any violation
of any ordinance, are likely to occur.
Third —To arrest and take into custody, with or without
any warrant, any person of suspicious character, or who shall
be found in the commission of any violation of any law of the
State or ordinance of the City, or trespassing on other men's
property, and to bring such person before the Mayor or some
proper officer to be dealt with according to law.
Fourth —To report and cause to be abated, or removed
without the city, any nuisance found therein, or which may
be reported to him by the proper officers or by any citizen.
Fifth —To perform such other duties as may be prescribed
by resolution or ordinance.
Sec. 2. That the Marshal in the execution of his powers
and duties in arresting any person accused or suspected of
crime, or in the arresting of any person under a warrant, or
in the suppression of any riot or unlawful assembly, or in
preventing the violation of any ordinance or of any law of the
State, shall have power to require the aid of any citizen of
the city, and any citizen who shall refuse or neglect to obev
the summons of the Marshal in this section mentioned, shall
be subject to a penalty of not less than five nor more than
fifty dollars, with costs, to be recovered on complaint before
any court having jurisdiction.
Sec. 3. That the City Marshal or Chief of Police shall have
charge of the entire building known as the City Hall, with
the halls, rooms, apartments and offices thereof, to act under
the direction of the City Council, to provide such fuel and
lights therefor as may be needed, to see that all fires and lights
are extinguished in and about the same on the night of each
day on which the same may be used, and to keep each and all
of said premises in a neat and cleanly condition, suitable to the
purposes for which they are severally used, and shall attend all
the sessions of the City Council. He shall also have the charge
of all other buildings belonging to the city, except the engine
16.
43
houses, and shall report the condition of the same from time
to time to the City Council.
Sec. 4. The City Marshal may, and he is hereby author-
ized, to appoint one or more deputies, with the approval of the
City Council, and removable by their direction. But no person
once rejected shall be again proposed for the same position for
that year.
Sec. 5. The City Marshal shall execute all process or
orders issued to him by the Mayor, City Council or other
officer having authority to issue the same, and make return
thereof according to law.
Sec. 6. He shall pay monthly to the City Treasury all
moneys which he may have collected under any ordinances
of the city, or upon final process for fines and penalties im-
posed by any court in behalf of the city, and take from the
Treasurer duplicate receipts for the same, one of which he
shall immediately file with the Auditor.
Sec. 7. He shall keep a correct account, in a book pro-
vided for that purpose, of all moneys which may come into
his hands, from whatever source as said Marshal, stating from
whom and on what account the same was paid ; he shall sub-
mit such books when required, to the inspection of the Mayor
or City Council, or any committee thereof, for their examina-
tion.
Sec. 8. He shall, on the last Saturday in March of each
pyear, make a final settlement with the City Treasurer, in the
resence of the Mayor, when he shall make a written state-
ment on oath, showing a full account of his receipts and dis-
bursements, which shall be presented to the City Council for
their approval.
Sec. 9. He shall keep safely all property found in the
possession of any one arrested for crime, and deliver over the
same by order of the court by whom such person may be tried.
Sec. Io. He shall notify the City Attorney of all prosecu-
tions brought for violation of any city ordinance wherein his
services may be required, before the same is submitted for
trial ; shall attend all meetings of the City Council, and do the
duties of sergeant -at -arms when required.
Sec. II. If the City Marshal neglect or refuse to serve
any process or notice duly issued to him by any authorized
officer of the city, or neglect any of the duties of his said office,
or shall discharge the same in a partial or improper manner, or
shall make a false return, he shall forfeit and pay to the city a
fine of not less than ten, nor more than one hundred dollars in
each case.
REVISED CITY ORDINANCES.
J
44
REVISED CITY ORDINANCES.
CHAPTER XVI.
AN ORDINANCE to abolish the office of City Marshal and
providing for the appointment of a Chief of Police.
Be it Ordained by the City Council of the City of Dubuque:
Section I. That on and after the first day of May, A. D.,
19oz, the office of City Marshal shall be abolished and no per-
son shall thereafter be elected to said office.
Sec. 2. That at the second regular meeting of the City
Council after the regular city election in 1902, and every two
years thereafter the Mayor, with the approval of the City
Council, shall appoint a Chief of Police, who shall hold his
office for two years and until his successor is appointed and
qualified.
' Sec. 3. All powers and duties heretoforeand by the re-
vised ordinances imposed upon and required of the City Mar-
shal are hereby conferred upon and required of the Chief of
Police, and on and after the first day of May, 1902, wherever the
name "City Marshal' or "Marshal" is used in the ordinances of
the city the words "Chief of Police" shall be then substituted in
lieu thereof.
CHAPTER XVII.
AN ORDINANCE to provide for the establishment of a City
Police and to prescribe Rules and Regulations therefor.
Be it Ordained by the City Council of the City of Dubuque:
Section I. That the Mayor shall at any time appoint such
number of policemen and night watchmenas
the City Council
guarding may deem necessary for the purpose of and protect-
ing 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 during the day time, be under the con-
trol and subject to the orders of the City Marshal, or Chief of
Police, but during the night time, and in absence of the Mar-
shal or Chief of Police, shall be under the control and subject
to the orders of the Captains of Police, to be appointed by the
Mayor, and such Captains shall also be policemen and subject
to the orders of the Marshal or Chief of Police and shall report
either to the Marshal, Chief of Police or Mayor anv neglect of
duty on the part of any policeman or watchman. The Marshal
or Chief of Police and Police shall at all times be subordinate
to and subject to the control of the Mayor.
Sec. 2. All police officers or watchmen must be citizens
of the United States and of the State of Iowa, and actual resi-
REVISED CITY ORDINANCES.
45
dents of the City of Dubuque, and shall be capable of speaking
the English language, and not interested or engaged in keeping
any tavern, saloon, coffee house, ten -pin alley, or beer shop,
and shall hold their office during the will and pleasure of the
Mayor.
Sec. 3. All police officers or watchmen shall, before en-
tering upon the discharge of their duties, take and subscribe
the usual oath of office. By their appointment and oath they
shall be duly constituted peace officers within the city limits,
and it shall be their duty to see that the lives and property of
the inhabitants of the city are carefully watched over and
guarded, and to prevent, as far as may be in their power, the
commission of any offense against persons or property. For
these purposes they are hereby invested with authority, and
it shall be their duty to arrest, with or without warrant, and
to imprison for the time being, until they can be brought be --
fore the proper court for examination or trial, all persons who
shall be guilty of any violations of the laws of the State or.
ordinances of the City.
Sec. 4.. Whenever any policeman or watchman shall be
asleep while he should be on duty, or intoxicated, or absent
from his beat, or guilty of any dereliction of duty, or of im-
proper conduct, he shall be removed or suspended by the
Mayor.
Sec. 5. Any person who shall have committed a breach
of the peace, a felony, or a misdemeanor, or violation of an
ordinance, may be pursued wherever he may go, and if he
take refuge in any house, enclosure or other place, the police-
man, after stating his office and object, may, if permission to
enter be not given, break open the doors or windows, enter the
house and arrest the offender.
Sec. 6. All police officers are respectively authorized
and empowered in a peacable manner (or if refused admit-
tance after demand made with force and arms), to enter into
any house, store, shop, grocery or other place or building in
the city, in which any person or persons may reasonably be
suspected to be for unlawful purposes, and if any person or
persons shall be found therein, guilty of any crime or misde-
meanor, or violation of any law or ordinance for the preserva-
tion of the peace and good order of the city, or who may reason-
ably be suspected thereof, or who shall be aiding or abetting
such person or persons so found, said police officer shall ap-
prehend and keep in custody such person or persons as in case
of other arrests.
Sec. 7. Each and every member of the police, in his
conduct and deportment, must be quiet, civil and orderly.
46
REVISED CITY ORDINANCES.
In the performance of his duty he must maintain decorum
and attention, command of temper, patience and discretion ; he
must at all times refrain from harsh, violent, coarse, profane
or insolent language, and act with firmness and energy.
Sec. 8. No policeman shall accept or receive from any
person while in custody, or after such person shall have been
discharged, nor from any such person's friends, any gratuity,
reward or gift, directly or indirectly, or any article or thing
of value, as compensation for any damages sustained by him
in the discharge of his duty, without the written permission
of the Mayor.
Sec. 9. No policeman shall compound any offense com-
mitted against persons or property, or withdraw any complaint
therefor, without the consent of the Mayor.
Sec. io. No member of the police shall communicate
to any person any information which may enable any person
to escape from arrest or punishment, or enable them to dis-
pose of or secrete any goods or other valuable thing stolen or
embezzled.
Sec. 11. And all policemen, when on duty, shall wear
the insignia of their office on the outside of the uttermost
garment over the . left breast, conspicuously displaying the
same, so that the entire surface thereof may be seen, except
when caution may dictate that the same shall not be exposed.
Sec. 12. No member of the police shall be absent from
duty, or leave the city, without the consent of the Mayor.
Sec. 13. All persons who shall be arrested by the police
during the time the office of any Justice shall be open, shall be
taken immediately before said Justice; and all persons who shall
be arrested at any other time shall be conveyed to the calaboose,
unless otherwise ordered by the Mayor or Marshal or Chief of
Police, or unless it shall require a place of greater security, in
which case he shall be immediately taken to the county jail.
Sec. 14. Any officer or policeman who shall wilfully
maltreat or use unnecessary violence toward a prisoner or other
person, shall, on complaint being made and the fact established,
be suspended or discharged at the pleasure of the Mayor.
Sec. 15. The Marshal or Chief of Police shall keep in his
office a book in which shall be entered, by the officer making
the arrest, the name of every person by him arrested and placed
in the calaboose, with the date of the arrest and cause thereof,
with such other facts as he shall deem proper and necessary.
And at the end of each month, said Marshal or Chief of Police
shall report to the City Council, the disposition which may have
been made of the persons so confined.
REVISED CITY ORDINANCES.
47
Sec. 16. The Marshal or Chief of Police, shall, every
morning, on the opening of the police court, cause the persons
who may be detained in the calaboose the night previous, and
all property which may have come into his possession during
the night, to be conveyed to the police court, accompanied by
the policeman who made the arrest ; and said policeman shall
file the information, read the warrant to the prisoner, and be-
come a witness in relation to the charges made against the
prisoner.
Sec. 17. The policemen and watchmen shall obey the
orders of the Marshal or Chief of Police, and shall report to him
all violations of the city ordinances and of the laws of the State
committed within the city, which may come to their knowledge,
and also all suspicious persons, bawdy houses, gambling houses,
and all other places where idlers, disorderly and suspicious
persons congregate.
Sec. 18. That any person who shall rescue or take from
the custody of any officer of the city, or prevent the arrest of
any person, or in any manner resist, oppose, impede or obstruct
any policeman or watchman in the discharge of his duty, shall
upon conviction, be fined not less than twenty-five nor more
than one hundred dollars.
Sec. 19. That any policeman or watchman who is resisted
in making an arrest, or from whom a rescue is attempted, or
who is forcibly resisted in the lawful discharge of his duty,
may require the aid of any citizen present, and if such citizen
shall refuse or neglect to render the aid required, he shall, upon
conviction, be subject to a fine of not less than one nor more
than twenty-five dollars.
Sec. 20. Whoever shall falsely represent himself to be
an officer of this city, or shall, without authority, exercise or
attempt to exercise any of the powers, duties or functions of
any city officer, shall be subject to a penalty of not less than
twenty-five nor more than one hundred dollars.
Sec. 21. It is hereby made the duty of all patrolmen, po-
licemen, captains of police, City Marshal, and Chief of Police,
to have all obstructions in their respective beats removed from
the sidewalks, streets and gutters, and to put up all necessary
guards and lights to prevent accident when sewers and bridges
are open for repair.
Sec. 22. The Mayor, with the concurrence of the City
Council, is authorized and required to make and establish rules
and regulations to be styled "Police Rules" not inconsistent
with the City Ordinances, for the government and control of
the members of the police department, as may be deemed ex-
r
48 REVISED CITY ORDINANCES.
pedient and proper, including regulations prescribing the uni-
form, dress and insignia of the members, and a printed copy of
such rules shall be furnished to each member and a copy thereof
shall be posted at police headquarters.
CHAPTER XVIII.
AN ORDINANCE to provide for the appointment of a Street
Commissioner, and to define his duties.
Be it Ordained by the City Council of the City of Dubuque:
Section I. That whenever they shall deem it expedient
the City Council shall appoint a suitable person Street Com-
missioner for the city, whose powers and duties shall be such
as are defined by this ordinance, or as may be prescribed by
the .City Council, and who "shall hold his office for the term of
one year, and until his successor shall be duly appointed and
qualified: Provided, That such term of office shall not con-
tinue after the first day of May following a city election in any
year, and such office may be discontinued at any time by a vote
of the City Council.
Sec. 2. That it shall be the duty of the Street Commis-
sioner to take charge of all the streets, alleys and highways
in the city, and to superintend all work being done thereon,
whether under contract or otherwise. He shall also from time
to time report to the City Council, for their action, the condi-
tion of the streets, alleys and highways, and whenever, in his
judgment, any action of the Council is necessary in relation
thereto, he shall so report with a suggestion of what action he
considers proper, with an estimate of the expense necessary to
be incurred in carrying out the same.
Sec. 3. That whenever required by the City Council he
shall, in connection with the City Engineer, carefully examine
and -report to the City Council a plan and estimate as nearly
accurate as practicable, of any contemplated improvement or
alteration in any street, alley or highway in said city ; and
whenever any such improvement is in progress it shall be the
duty of the Street Commissioner, at least once in each month to
report, in writing, to the City Council the progress and con-
dition of such improvement, and faithfully to observe and report
whether any breach is made of the terms of .any contract in
pursuance of which any such improvement or work may be
in progress, and no work done under any contract shall be
finally pail for, or the contractor released, until the same shall
be reported complete by the Street Commissioner.
Sec. 4. That it shall also be the duty of the Street Commis -
REVISED CITY ORDINANCES. 49
sioner to see that all ordinances in relation to the streets of the
city are properly enforced, and he is authorized and required
at all proper times to take such measures as may be necessary
to preserve and keep in order, and free from filth and all nuis-
ances, the streets and highways of the city.
CHAPTER XIX.
AN ORDINANCE to provide for the appointment of a Side-
walk Commissioner, and prescribing his duties.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the City Council shall in April of each
year appoint some competent person to the position of Side-
walk Commissioner.
Sec. 2. That it shall be the duty of such Sidewalk Com-
missioner to promptly cause to be repaired or repair all defects
in sidewalks as provided in the Ordinances of the city, wherever
found. It shall also be his duty to report monthly in writing
to the City Council the location, cost, character of defect,
description of lot and, name of owner of lot in front of which
such defect existed, and name of persons actually making the
repairs.
Sec. 3. That at the first regular session of the City Coun-
cil in each month a special tax shall be levied to pay for the
repairs contemplated in Section Two (2) hereof ; Provided, that
a notice of the Council's intention to levy such a tax shall have
been published in the official papers of the city for ten days
prior to such levy.
Sec. 4. It shall be the duty of such Sidewalk Commis-
sioner to report monthly in writing all such sidewalks as are
in such dilapidated condition as to need relaying. And said
Council shall thereupon, if deemed necessary and proper, by
resolution order such new sidewalks laid at the expense of
the abutting property. The said Sidewalk Commissioner
shall award the contract to the lowest responsible bidder, and
superintend the construction of such new sidewalks, and prepare
special assessment notices for presentation to the City Council.
Sec. 5. It shall be the duty of such Sidewalk Commis-
sioner to cause to be removed all unlawful obstruction from
the sidewalks in the city.
Sec. 6. The Mayor shall have authority to remove said
Sidewalk Commissioner for neglect of duty or other cause
at his pleasure.
Sec. 7. The said Sidewalk Commissioner shall give a
50
REVISED CITY ORDINANCES.
bond conditioned for the faithful and strict performance of his
duties in such sum as may be fixed by the City Council.
Sec. 8. That said Sidewalk Commissioner shall receive.
such compensation as may be fixed by the City Council.
CHAPTER XX.
AN ORDINANCE appointing a Harbor Master and defining
his duties and regulating Public Landings and Wharfage.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the City Council may, whenever they
shall deem it expedient, appoint a Harbor or Wharf Master,
who shall remain in office during the pleasure of the Council,
but not to exceed one year. He shall have power to arrest
without warrant any person whom he shall find violating any of
the ordinances of the city, relating to harbors or wharfage. It
shall be his duty to superintend the public landing, andto
cause all the provisions of any ordinances in relation thereto
to be enforced.
Sec. 2. That it shall be the duty of the Harbor Master
to collect from all boats and rafts such rates of wharfage as
may be fixed by ordinance, to keep a true and correct ac-
count of the same, and to pay the amount into the City
Treasury once in each month. He shall assign places for
all boats and rafts and for all freight landed, and shall possess
all requisite authority to cause the same to be removed to the
places assigned : Provided, That no boat or raft shall be com-
pelled to leave any place while discharging or receiving freight,
unless a landing at such place shall be prohibited by ordinance,
or another landing shall have been previously designated by the
Harbor Master.
Sec. 3. That the portion of the public landing south of
First street is hereby exclusively appropriated as a steamboat
landing, and no raft or boat excepting steamboats and barges
shall land thereat : Provided, That the Harbor Master may
allow other boats and rafts to land freight at any point where-
by the convenience of the owners will be promoted, if the land-
ing of steamboats and their barges will not, in his opinion, be
interfered with in any manner by such landing.
Sec. 4. No steamboat company or person or persons
shall, without permission of the City Council, place or station
during the season of navigation any private wharf boat, dock
or landing in front of the paved wharves or landings owned by
the city. And any person or persons who shall violate this
section shall be subject to a fine of ten dollars and costs, to be
REVISED CITY ORDINANCES. 51
collected in any court having jurisdiction in the matter. And
after notice of twenty-four hours to remove said wharf, dock or
landing, if the same shall not be so removed, it shall be the
duty of the Harbor Master to remove the same away from the
front of the paved wharf and landing belonging to the city.
Sec. 5. No wharfage shall be collected of any boat or
barge from which shall be landed any article subject to wharfage
by the following section, except as therein specified : Provided,
That any boat or barge landing any other freight shall be sub-
ject to the customary rate or wharfage.
Sec. 6. There shall be collected on all wood landed upon
the public landing, wharfage at the rate of two cents per cord.
No wood shall be permitted to remain upon the landing for a
longer time than three days without consent of the Harbor
Master, and any wood which shall remain upon the public land-
ing for a longer time than three days after the Harbor Master
shall have given written notice to the owner or person having
charge of such wood to remove the same, shall be subject to
wharfage at the rate herein provided for, each three days that
same shall so remain.
Sec. 7. If any person commanding any steamboat, water
craft, or raft, or having in charge any lumber or wood, liable
to pay wharfage to the city, shall land the same within the
limits of the city, and neglect or refuse to pay the wharfage
above specified, on demand being made therefor by the Harbor
Master, he shall be deemed guilty of a misdemeanor, and upon
conviction thereof, before any Justice of the Peace, or other
court, shall be fined not less than five, nor more than one hun-
dred dollars.
Sec. 8. If any person shall resist, or in any manner aid
or abet in resisting the Harbor Master while i-n the discharge
of his duties, or shall neglect or refuse to obey any lawful order
given by him in the discharge thereof, he shall be guilty of
a misdemeanor, and on conviction thereof, shall be fined not
less than five, nor more than one hundred dollars.
CHAPTER XXI.
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.
Be it Ordained by the City Council of the City of Dubuque :
Section i. The City Council shall appoint each year a
City Inspector of Wood, who shall remain in office during
the pleasure of the Council, and whose 'duty it shall be to
52 REVISED CITY ORDINANCES.
enforce the provisions of this ordinance, and such amend-
ments thereto as may from time to time be made.
Sec. 2. All wood sold for fuel in the city shall hereafter
be sold by the cord or part thereof; and the cord mentioned
in this ordinance shall consist of one hundred and twenty-eight
cubic feet, well and compactly stowed, and with reasonable al-
lowance for crooked and uneven wood.
• Sec. 3. All persons bringing wood into the city and offer-
ing the same for sale, upon the levee or banks of the Missis-
sippi 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 themselves, and the other wood shall be piled
bark up as compactly as possible.
Sec. 4. No person shall sell or offer for sale any wood
for fuel within the limits of the City 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 one, nor more than ten
dollars for each offense, and be imprisoned until such fine and
costs are paid, not exceeding thirty days.
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 provided for ; and when piled to inspect and
measure the same. If any wood is not piled as herein pro-
vided 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 Inspector shall refuse
to pass said wood, and shall mark the same as rejected. All
wood properly piled and marked shall be measured by the In-
spector 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 r ,quired
to make up a cord of one hundred and twenty-eigl: cubic
feet and the measurement so made shall be binding r hd con-
clusive on both buyer and seller ; a duplicate of th above
certificate shall be attached by the Inspector to each rank of
wood by him inspected and passed, and all sales of such
REVISED CITY ORDINANCES. 53
wood shall be from the rank as measured by the Inspector;
Provided, That whenever such wood 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 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, io cents ; for every lot over
one and less than twenty cords, for each cord therein 5 cents ;
for every lot of twenty up to fifty, for each cord therein 4 cents;
for every lot of fifty or over, for each cord therein 3 cents.
Sec. 8. No person shall sell, or offer for sale, at any
place within the corporate limits of the City, any wood for fuel,
loaded upon any wagon, sled or other vehicle, until the same
shall have been first inspected and measured by the Inspector
of Wood, and a certificate of the quantity thereof, in cords or
part of a cord, be procured by him.
Sec. 9. That the Inspector of Wood is required to be
present at the wood market during the business hours in the
winter time, and measure and inspect all wood that may be
presented for measurement and inspection.
Sec. io. Any person who shall resist or interfere with
the Inspector in the performance of his duties under this ordi-
nance, or shall neglect or refuse to comply with any of the
requirements thereof, or shall mutilate, destroy or change
any certificate attached 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 or more than fifty dollars,
with costs of prosecution, at the discretion of the court before
which he may be prosecuted, and such court may imprison
such offender until such fine and costs be paid, not exceeding
thirty days.
Sec. H. That the Inspector of Wood shall keep a correct
and true account of all wood brought to the city for fuel, and
54 REVISED CITY ORDINANCES.
shall report to the City Council at the first regular session in
each month 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 re-
quest such measurement was made, and shall account for and
pay into the City Treasury five per cent of all fees received by
him during said month, and shall turn over to the Auditor 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.
CHAPTER XXII.
AN ORDINANCE providing for the appointment of a Market
Master, defining his duties, establishing and regulating
Markets and appointing Public Weighers and defining their
duties.
Be it Ordained by the City Council of the City of Dubuque
Section 1. The City Council may appoint a Market Master
who shall exercise general care and supervision over the market
house and grouncts, shall assign places to all wagons and dealers,
and shall preserve order during market hours. He shall see
that the market is properly cleaned, and that all dirt or offensive
matter of any kind is removed at the close of each market day,
and that the market is opened and closed at the hours fixed by
the Council. It shall be his duty to see that all ordinances in
relation to the market are strictly enforced. He shall cause
all unsound or diseased meats or other articles offered or ex-
posed for sale in market to be seized and destroyed, or so dis-
posed of as not to be used for food. He shall cause all articles
of less weight than represented by the seller which shall be
offered or exposed for sale with intent to defraud to be seized
and sold, and the proceeds thereof paid into the City Treasury.
Sec. 2. That the building on Thirteenth Street, between
Clay and Iowa Streets, known as the Central Market, or, so
much thereof as may be used for market purposes, with the
ground adjoining the same owned by the city, with as much of
the streets adjacent thereto as may be necessary for the pur-
pose, is hereby established as a public market, and to be kept
as such.
REVISED CITY ORDINANCES. 55
Sec. 3. That subject to Section 717 of the Code, the rent
of the market stands on the grounds adjacent to, shall be fixed
by the City Council in each year, prior to the first day of May,
or whenever such stands may become vacant. The choice of
stands, at the rent fixed by the Council, shall be offered for sale
on the premises, by the Market Master, on the first day of May
in each year (or on the second day if the first day shall be Sun-
day) at an hour between 9 o'clock a. m. and 4 o'clock p. m.;
Provided, That the lessee of any stand shall have the privilege
of leasing the same for another year, at the rent fixed by the
Council. The sale may be adjourned, for good, cause, not
longer than one week. The highest bidder for any stand shall
be entitled to a lease of such stand for the term of one year,
on payment to the Treasurer of the rent. Leases signed by
the Mayor and Recorder shall be issued to persons entitled
thereto. _ If any stand shall not be leased at the regular sale,
or shall at any time become vacant, the Council may appoint
a day for leasing such stand in the manner herein provided.
Sec. 4. The market shall be open daily (Sundays excepted)
during such hours as the City Council shall by resolution from
time to time determine. No provisions or other articles shall
be sold in said market except during market hours.
Sec. 5. No person not having lawful business in the mar-
ket shall idly sit, walk, lounge or lie in or about the market
place, nor shall the smoking of tobacco be allowed therein
during market hours. No dog, slut, or other offensive animal
shall be permitted in the market house at any time, nor shall
any person bring or suffer to come into or upon the market
place during market hours any unruly or dangerous animal of
any kind.
Sec. 6. No person shall sell, or offer or expose for sale,
upon any of the streets of the city not included in the market
place, established by ordinance for the sale of such articles,
any game, butter, eggs, fruit or vegetables of any kind, except
as otherwise provided by ordinance.
Sec. 7. Any person who shall use or occupy any stand
or ground in either of the markets of the city, for the purpose
of selling meat, poultry, fish, or any other article of provision,
without a lease, as provided in Section 2 of this ordinance, shall
be subject to a penalty of not less than five nor more than
twenty dollars.
Sec. 8. Nothing herein contained shall be construed so
as to prohibit merchants or commission merchants from buying
and selling poultry and fish or other articles of provision in the
usual way of or to their customers.
56 REVISED CITY ORDINANCES.
Sec. 9. That lots numbered 187, i88, 189, 19o, 191, 212, 213,
214, 215 and 216 in East Dubuque addition to the City of Du-
buque, Iowa, and composing the block situated between Four-
teenth and Fifteenth Streets and Pine and Elm Streets in said
City are hereby set apart and established as a hay and wood
market for said City.
Sec. Io. That no persons having charge of any hay team
shall allow the same, while waiting to sell their loads, to stand
upon or occupy any other grounds or streets, , or any of the
streets upon which said lots, hereby set apart and established
as a hay market, front. And it shall be the duty of such persons
to place their teams on said lots so as not to obstruct the streets
or sidewalks on which said lots abut.
Sec. 11. That any person selling, or offering to sell, within
the limits of the City, any hay to be consumed therein, shall
cause the same to be weighed upon the public hay scales of the
City, and obtain a certificate of the weight thereof from the
weigher, and the said weigher shall, and it is hereby made his
duty to write said certificate with ink.
Sec. 12. That any person selling or offering to sell,
within the limits of the city, any coal, to be consumed therein,
in less than car load lots, shall cause the same to be weighed
upon the public scales of the city, and obtain certificates of
the weight thereof from the weigher, and the said weigher shall
write the certificate in ink, and shall receive therefor from the
owners or person offering such coal to be weighed the sum of
five cents for each draught.
Sec. 13. No person who shall have had any article
weighed, as aforesaid, shall diminish the weight thereof, or in
any way falsify the certificate of the weigher, or shall suffer the
same to be done.
Sec. 14. That no persons having charge of any wood
team shall allow the same to stand upon or occupy any other
streets or grounds, while waiting to sell their loads, than the
place hereby established as a Wood Market, and it shall be
the duty of such persons to place their teams each side of said
streets, so as to leave the center of the same open for gravel.
Sec. 15. That First Street, between Main and Locust
Streets, and near the hay scales at West Dubuque, and Eigh-
teenth Street between Couler Avenue and White Street, are
hereby set apart and established as grain and pork markets, and
that ,no person shall purchase for the purpose of selling again,
any pork, or any grain of any description, brought into the city
on any wagon or sled, in any part of the city other than at the
markets hereby established.
REVISED CITY ORDINANCES. 5'7
Sec. 16. That there shall be appointed by the City Council
as soon as practicable, after the first of April in each year,
Weighers for said City, who shall have charge of the public
scales in said City, and who shall be qualified according to law,
and give bond, and who shall hold their office until their suc-
cessors are appointed and qualified. '
Sec. 17. That it shall be the duty of each Weigher or some
deputy, for whose acts he shall be responsible, to be in readi-
nessat all times at some convenient place to be' by him desig-
nated, to attend to the business of weighing, and he shall keep
the public scales in good order and repair, and shall cause the
accuracy thereof to be tested from time to time, whenever the
City Council may require, or whenever the same may have be-
come inaccurate from any cause.
Sec. 18. That the said Weighers shall attend to the
weighing of hay, cattle, hogs, or whatever else may be offered
to be weighed on said scales, and shall be entitled to receive
from the person procuring the same to be weighed, the sum of
ten cents for each draught, and shall not knowingly give any
false certificate of such weighing. They shall keep an accurate
account of all articles weighed on said scales ; the number of
draughts and the fees therefor received, and shall, once in
every month, render an account thereof to the City Council, and
at the time of such accounting pay to the City Treasurer all
money received for weighing on said scales not previously ac-
counted for.
Sec. 19. That the Market Master of the Central Market
shall, at any time during market hours attend, if required, to'
weighing upon the platform scale provided for use at said mar-
ket, any article offered to be weighed.
Sec. 20. All persons, except weighers, are hereby prohib-
ited from charging or receiving any fee or reward for weighing
any of the articles, the weighing of which is provided for, except
that the Market Master shall be entitled to receive from the
owner of the articles weighed the sum of ten cents for each
draught.
Sec. 21. The Market Master shall also at the close of each
month report to the Council the amount of money received by
him for weighing during the month preceding, and shall pay
into the Treasury the amount so received.
Sec. 22. The City Council may after the First day of
April in each year appoint such number of special Weighers
of hogs and grain as they may determine who may with ap-
proval of the Council appoint deputies. Each of said Weighers
shall furnish for his use necessary scales and apparatus for
•
58 REVISED CITY ORDINANCES. REVISED CITY
weighing at such place as the Council may designate. Said
Weighers shall give such bond as the City Council may deter-
mine and approve, and shall perform their duties in such man-
ner and issue certificates as is provided for Weighers on public
City scales, and said Weighers shall receive as compensation
therefor, for three hogs, or less than three, ten cents each ;
for loads of more than three, five cents each, and for each
draught of grain, fifteen cents. On each hog so weighed said
Weigher shall mark distinctly the weight, and shall furnish
the seller with a certificate of all hogs and grains weighed, on
which each separate weight shall be marked, and in all cases
the seller shall pay for weighing as above; Provided, That said
Weigher shall report monthly in writing to the City Council
the number of hogs and draughts weighed by him upon each
scale, and shall pay into the City Treasury each month a sum
equal to 15 per cent of gross receipts for weighing in the city.
The Market Master and all Weighers shall turn over to the
City Auditor the stubs of all certificates issued by them.
Sec. 23. All persons selling dressed hogs in the City —of
Dubuque, shall have them weighed, as above provided.
Sec. 24. No person shall be eligible to the office of
Weigher, who shall be in any way, directly or indirectly, in-
terested in the purchase and sale of articles required to . be
weighed.
Sec. 25. Public Weighers, except the Market Master, shall
receive such compensation as the City Council may determine
by resolution.
Sec. 26. Any person violating any of the provisions of
this chapter, unless otherwise provided herein, shall upon con-
viction be fined not less than five nor more than fifty dollars,
and may be imprisoned until such fine and costs are paid, not
exceeding thirty days.
CHAPTER XXIII.
AN ORDINANCE fixing the Salaries and Compensation of
Officers and Appointees.
Section r. The following named officers and appointees
shall receiveas salaries :
.The Mayor, $I,400 per annum.
Each Alderman, $30o per annum.
City Recorder, $I,400 per annum.
City Treasurer, including Clerk Hire, $2,50o per annum.
City Attorney, $r,800 per annum.
ORDINANCES. 59
City Auditor, $1,200 per annum.
City Engineer, $1,5oo per annum.
City Marshal, $1,20o per annum.
Street Commissioner, $I,2oo per annum.
Health Physician, $60o per annum.
Harbor Master, $2o per month.
Sanitary Policeman, $6o per month.
Market Master, $5o per month.
City Assessor, $I,5oo per annum.
Assistant City Assessor, $75 per month.
City Electrician, $r,000 per annum.
Sewer Inspector, $60o per annum.
Street Roller Engineer, $75 per month.
Street Roller Assistant, $5o per month.
Sec. 2. The emoluments of any officer shall not be in-
creased or diminished during the term for which he shall have
been elected or appointed, nor shall any change of compensation
affect any officer during his existing term, unless the office be
abolished, and no person who :;hall have resigned or vacated any
office shall be eligible to the same during the time for which he
was elected or appointed, when, during the same, time, the
emoluments have been increased.
CHAPTER XXIV.
AN ORDINANCE prescribing the mode in which charges
may be preferred against any officer under the city gov-
ernment, and for hearing and determining the same by
the City Council.
Be it Ordained by the City Council of the City of Dubuque :
Section I. Any officer under the city government, elected
by the people or appointed by the Council, who shall be guilty
of gross negligence or carelessness in the performance of the
duties of his office, or shall, in any manner violate his official
duty, upon being found guilty thereof as hereinafter provided,
may be expelled or removed from office as herein provided.
Sec. 2. The City Council shall hear and finally determine
all complaints made under the provisions of this ordinance.
Sec. 3. All charges preferred against any officer of the
city government under this ordinance, shall be by complaint
made in writing, signed and sworn to by some resident of the
City of Dubuque, and directed to the City Council of the City
60 REVISED CITY ORDINANCES.
of Dubuque; such complaint shall briefly set forth the name
of the person charged, the title of the office by him held, and
the facts which constitute the grounds of the charge preferred;
and shall be presented to the City Council at any regular or
special meeting thereof ; and if in their opinion the matter
Set forth in such complaint warrants an investigation and
trial of the party therein charged, the Council shall further
appoint a time for the hearing, giving the defendant not less
than three, nor more than ten days notice of the time and
place of such trial; such notice shall be in writing, signed by
the Mayor, and shall, together with a copy of the complaint, be
served on the defendant by the City Marshal in like manner as
original notices are served under the laws of Iowa. The City
Recorder shall issue subpoenas for witnesses and the Council
may require the production of books and papers.
Sec. 4. At the time set for trial the Council will proceed
to the hearing of the case, unless for good cause shown by
either party the Council shall deem it just to continue the
hearing to a future day. Upon the trial, the City Attorney,
or such other person as may be designated by the City Coun-
cil, shall conduct the prosecution, and the defendant may be.
heard by himself or his attorney. If the defendant after being
notified fails to appear and answer to the complaint, or if he
admits the truth of the matter set forth in the complaint, the
Council may, in their own option, hear evidence in the matter,
or at once proceed to a final vote as hereinafter provided. All
questions arising in the progress of the hearing shall be de-
termined by a majority vote upon the ayes and nays. As soon
as the hearing of the case is closed, the presiding officer shall
put the question: "Is the defendant guilty ?"—the vote to be
taken by the ayes and nays. If more than one charge is pre-
ferred in the complaint, the question shall be put separately on
each. If the defendant is an officer elected by the voters of the
city, or any ward or district therein, it shall require an affirma-
tive vote of two-thirds of all members elected to the Council to
find him guilty. In the case of any other officer a majority shall
be sufficient. If the defendant is found guilty as herein pro-
vided for, the Mayor or presiding officer shall forthwith declare:
"That by judgment of the City Council, the defendant is re-
moved and expelled from the office heretofore held by him."
Sec. 5. It is hereby made the duty of the Recorder to
enter upon his records a copy of all complaints filed under the
ordinance, with a brief statement of the proceedings had in
each case, and the final vote and decision with the ayes and nays
thereon.
Sec. 6. Should charges under this ordinance be preferred
against the Mayor, or any member of the City Council, the
REVISED CITY ORDINANCES. 61
person so charged shall not preside over the Council, nor vote
upon any question during the trial of such case. In all cases
in which it may become necessary, the Council may authorize
any proper person to perform the duties herein required of the
Mayor, Marshal, Recorder or City Attorney.
Sec. 7. The removal or expulsion of anyy officer under
the provisions of this ordinance shall not exempt him nor his
sureties from liability on his official bond.
Sec. 8. This ordinance shall not be so construed as to
prevent the City Council from removing from office, without
trial, any officer appointed to hold during the pleasure of the
Council.
CHAPTER XXV.
AN ORDINANCE establishing a Board of Health and provid-
ing for the manner of their appointment and of the exer-
cise of the powers conferred upon said Board :
Be it Ordained by the City Council of the City of Dubuque :
Section I. That there is hereby established a Board of
Health of said city as provided by Chapter 14, Title 5, of the
Code of Iowa. Wherever the word Code is used in this chap-
ter it shall mean the Code of 1897.
Sec. 2. That said Board shall consist of five members,
two of whom shall be members of the City Council, and two
shall be citizens of the city. The Mayor shall be ex-officio a
member also of said Board and chairman thereof.
Sec. 3. The four members of said Board, aside from the
Mayor, shall be appointed by the Mayor, with the approval of
the Council, and all vacancies in the Board shall be filled by
appointment by the mayor, subject to the approval of the coun-
cil.
Sec. 4. The term of office of the members of the Board
shall be such time as may be fixed by the Council at the time of
the appointment of the Board, but it shall not be less than one
or more than two years, and any member appointed to fill a va-
cancy shall hold only for the unexpired term of the member he
succeeds.
Sec. 5. The Board shall appoint a reputable physician of
the city, a physician to the Board, who shall act as City Phy-
sician, who shall meet with the Board at all regular meetings
and whenever required by the Board. He shall attend all sick
persons under arrest or imprisoned under any ordinance of the
city, and attend and examine all persons and places whenever
required by the Board of Health or the Mayor of the city, and
62 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 63
perform such other duties as may be required of him by the
orders, rules or regulations of the Board of Health, and shall
be subject to removal at any time by the Board.
Sec. 6. The Board of Health, with consent of the Council,
shall appoint all officers, agents and employ all persons neces-
sary to carry into effect the rules, regulations and orders of the
Board, and shall recommend the salaries or compensation to be
paid them, which shall be determined by the Council.
Sec. 7. The City Recorder shall be Clerk of the Board, un-
less some other person be appointed therefor by the City Coun-
cil. He shall be present at the meetings of the Board, and shall
keep a record of the proceedings of the Board, which Board
shall meet at least once each month. The Clerk shall report
to the City Council from time to time the proceedings and orders
of the Board as provided by the rules of the Board or resolution
of the Council, and he shall make report also to the State Board
of Health, annually, as provided by Section Io43 of the Code.
All orders, rules and regulations of the Board shall be signed
by the Chairman of the Board and attested by the Clerk of the
Board.
Sec. 8. The Board shall make rules, regulations and orders
as provided by Section I028 of the Code, and it shall have all
the powers and be subject to the restrictions provided by Sec-
tions Io25 to Io46, inclusive, of the Code, and acts of the Leg-
islature amendatory thereto.
Sec. 9. The four members of the Board shall be appointed
at the time fixed by ordinance for the appointment of other city
officers, and shall take oath of office required of other city of-
ficers, except in case of any failure to appoint at the proper
time, or irregularity in the appointment, the appointment may
be made thereafter, but the term shall be construed to have
commenced when the appointment should have been made, and
the persons so appointed shall receive compensation only from
the time of their actual appointment and qualification.
Sec. to. The Board shall make and publish twice, in the
official paper, rules and regulations for the preservation of pub-
lic health and the manner of their proceedings as provided in
Sections Io28 and Io29 of the Code, and shall at least once in
each month report, or cause to be reported, to the City Council
its proceedings and expenses and the City Council shall have
supervision over the same, and may require any such report at
any time by ordinance or resolution of the Council as provided
in Section Io45 of the Code. The rules and regulations, to-
gether with affidavit of the publication thereof attached there-
to, shall be recorded in a book kept for that purpose by the
Clerk, and the record shall be certified by the Mayor or presid-
ing officer and attested by the Clerk, and shall be in force frorn
and after the completion of such record as provided in Section
Io35 of the Code.
Sec. 11. Whenever any order is made by said Board it
shall be entered on the records of said Board. Whenever any
order is made affecting any person or property or for the re-
moval or abating of any nuisance or thing or requiring any act
tobe refrained from or done as provided in Section .Io32 of the
Code, a notice, in writing, containing a copy of the order, speci-
fying with reasonable certainty the premises and thing to be
done, or refrained from, and the time of performance or com-
pliance therewith, signed by the Mayor and attested by the
Clerk, shall, if the owner or person having control of the prop-
erty or thing affected thereby is found in the city, be served
on such person by any officer of the city or other person desig-
nated by the Board as provided in Sections 1035 and Io36 of
the Code. Whenever the owner or person having control of
the property therein referred to or the person affected by such
order cannot be found in the city, or if so found and served, he
or they fail to comply with such order, then the Board may pro-
ceed to abate such nuisance, or to do the thing required by such
order, and the expense thereof shall be reported by said Board
to the City Council, and by them assessed against the proper
person, place, property or building and collected as other special
assessments, and shall be a lien thereon as provided by Section
Io33 of the Code, or the same may be enforced by action in any
court having jurisdiction as provided in said Section.
Sec. 12. The Board whenever satisfied as provided by Sec-
tion 1037 of the Code that any cellar, tenement or building occu-
pied or used as a dwelling, or part of a building, is in such con-
dition as to be unfit for use or occupation as a habitation for any
of the reasons and causes mentioned in said section, and is dan-
gerous to public health or cause for sickness, may make an order
to that effect and require the premises or place to be put in
proper condition, or require the occupants to remove from said
premises or place, and shall cause notice as provided by Section
it hereof to be served on such occupant or occupants, and upon
his or their failure to comply with the same the Board may
cause said building, tenement or place to be renovated and.
cleansed at the expense of the owner or occupant, or may re-
move the occupant or occupants from said premises as provided
in said section.
Sec. 13. Whenever by reason of prevalence of small pox
or any other contagious or infectious disease in the city the'
Board may deem it dangerous to permit the congregation of
people the Board may, with the consent of the Council, pro-
hibit such assemblage, and after making such order shall pub-
64 REVISED CITY ORDINANCES.
lish the same in some newspaper published in said city. Said
Board may likewise proceed in such case and shall have power
and authority to proceed, and do and require to be done such
things as are provided by Section Io38 of the Code, as they may
deem necessary to preserve and protect the health of the in-
habitants of the city. Whenever for the promotion or preser-
vation of the lives or health of the inhabitants the Board of
Health shall deem it necessary, as provided in Section to39 of
the Code, to enter or examine any place, building or vessel
therein mentioned, and they, or person thereto authorized by
them, is refused or denied admission, any member of the Board
may make complaint on oath before any Justice of the Peace of
the city, who shall thereupon issue a warrant to any Sheriff,
Marshal or police officer, commanding him, as provided in said
section, to proceed to the place and premises with two members
of the Board and such other persons as he mayrequire, between
sunrise and sunset, and to examine and remove under the direc-
tions of such members all sources of filth or causes of disease
there found.
Sec. 14. Whenever any person is found in the city infect-
ed with small pox or other contagious or infectious disease the
Board shall make such provisions, and proceed as provided in
Section 1040 of the Code, to remove such person to a place of
safety to the inhabitants and provide for and restrict and con-
trol him as provided in Section Io4o of the Code, and the ex-
pense thereof shall be paid by such person, his parents or others
liable for his support, if able, otherwise it shall be charged to
and paid for by the county as provided in said section.
Sec. 15. In case any afflicted person mentioned in the pre-
ceding section cannot be removed without danger to him the
Board may, as provided in Section io41 of the Code, make pro-
visions for his care and support where he may be and may cause
the persons in the neighborhood to be removed and take such
other means as they deem necessary for the public safety.
Sec. 16. Any Justice of the Peace of the city on applica-
tion under oath, showing cause therefor by any member of the
Board shall issue his warrant, as provided in Section io42 of
the Code, directed to a Constable or Sheriff of the county, or
a' police officer of the city, commanding him under the direc-
tions of the Board to remove any person infected with a con-
tagious disease or to take possession of any house or lodging
condemned or dangerous to the safety of the inhabitants, and
to provide nurses, attendants, and other necessaries for the care
and safety of such diseased person or persons.
Sec. 17. The foregoing provisions of this chapter in re-
gard to Board of Health shall not limit the powers of the city
REVISED CITY ORDINANCES. 65
in relation to matters affecting the public health of the city, but
such city shall have all the powers conferred thereon by laws
of the state or ordinances of the city.
Sec. 18. The members of the Board of Health and phy-
sician, except the Mayor, shall receive such salary or compensa-
tion as fixed by the City Council, which shall not be increased
or diminished during the term of office and subject also to all
the restrictions and provisions in the ordinances of the city in
regard to salaries of officers of the city.
Sec. 19. Any person who shall knowingly violate, fail to
comply with, to observe any rule, order or regulation of the
Board of Health shall, upon conviction, be fined not exceeding
one hundred dollars and imprisoned until such fine and costs are
paid not exceeding thirty days, as provided in Section 1029 of
the Code.
CHAPTER XXVI.
AN ORDINANCE in relation to the Licensing and Regulations
of various occupations and business, persons, things, ex-
hibitions, games and amusements.
Be it Ordained by the City Council of the City of Dubuque :
Section i. It shall be unlawful for any person within the
limits of the City of Dubuque to engage in any vocation, pur-
sue or transact any business, or do any act, hereinafter named.
or described, without having first obtained a license so to do,
and paid therefor as is hereinafter required.
Sec. 2. Any person desiring a license for any purpose from
the City of Dubuque, shall pay the amount of such license charge
to the City Treasurer, who shall issue a receipt therefor, which
receipt shall be presented to the City Recorder, who shall there-
upon issue the proper license as hereinafter provided.
Sec. 3. No license hereinafter provided for shall be assign-
able or transferable, except with the consent of the City Coun-
cil; and the Mayor may at any time forbid the issuance of a
license, or if one has been issued may revoke the same, where,
in his judgment, any exhibition, entertainment, occupation, or
show sought to be licensed will be detrimental to public morals
or health, or liable to provoke a breach of the peace.
All licenses shall be numbered, signed by the Mayor and
attested by the recorder under the seal of the city. Each
license shall state the date of its issue, and the person to whom
and the purpose for which the same is issued, and place where
business shall be conducted. All licenses shall be for a period
of one year unless herein otherwise provided.
66 REVISED CITY ORDINANCES.
Sec. 4. All licenses granted shall be subject to all ordi-
nances in relation to such licenses in force at the time of the
issue of such license, or which may be subsequently passed by
the City Council in relation thereto. And if any person licensed
shall violate any provision of any ordinance in relation to such
license, he may be proceeded against for any fine, or penalty,
imposed thereby, and his license may be revoked, at the discre-
tion of the Mayor or Council.
Sec. 5. The City Recorder shall keep a license register, in
which he shall enter the name of each person licensed, for what
purpose licensed, the amount paid, the date and number of the
license, and the time of expiration of the same.
Sec. 6. The Marshal or Chief of Police shall enforce all
ordinances in relation to licenses, and shall from time to time
examine the license register, and prosecute all persons who may
be acting without license, or in violation of the ordinances.
AUCTIONEERS'.
Sec. 7. No person shall sell at auction within the city any
goods, chattels, wares, merchandise, or any real or personal
property, or -effects whatever, without first obtaining a license
therefor.
Each person or firm obtaining such license shall pay for
the same the sum of fifty dollars for one year, or five dollars per
day ; and shall enter into a bond in the sum of one thousand
dollars, payable to the City of Dubuque, for the benefit of any
person aggrieved, with security to be approved by the Mayor,
conditioned that he will honestly and faithfully perform his
duties as auctioneer; that he will promptly pay over to the per-
sons entitled thereto, all money realized by him from property
entrusted to him for sale ; that he will in ail his acts as auctioneer
obey the ordinances of the City of Dubuque, and the laws of
the State of Iowa; Provided, that any person taking out such
license shall be exempt from filing bond if hP produce satisfac-
tory evidence to the Mayor that the goods he proposes to sell
are his own property, or that he is the duly authorized agent of
the owner thereof. Any person having an annual auctioneer's
license may conduct his business in any part of the city, but
no license shall authorize any person to act under it at more
than one place at the same time. All goods sold by auctioneers
shall be sold at his regular place of business, as designated in
his license, and at no other place, except as herein otherwise
provided.
Provided, that this ordinance shall not apply to sales made
by any Sheriff, Constable, Marshal or other officer, by virtue of
legal process.
REVISED CITY ORDINANCES. 67
PAWN BROKERS AND JUNK DEALERS.
Sec. 8. No person shall carry on business within the limits
of the City of Dubuque as a pawnbroker or junk dealer, who
shall not have first procured a license therefor and complied
with the other requirements of this section.
(a) The fee for a pawnbroker's license shall be fifty dol-
lars; the fee for a junk dealer's license shall be five dollars.
(b) Every person applying for such license shall, at the
time of receiving the same, execute a bond with two sufficient
sureties, to the City of Dubuque, with a penalty of two hundred
dollars, conditioned for the due observance of the ordinances of
this city, now or hereafter enacted during the continuance of
such license, and any person aggrieved by the acts of any pawn-
broker or junk dealer, may sue upon such bond and recover
such damages as he shows himself entitled to.
(c) Every pawnbroker or junk dealer shall keep a book in
which he shall keep an accurate account and description of the
goods, article, or thing pawned or bought, the amount of money
loaned thereon, or paid therefor, -the -time ofpledging or buying
the same, the name of the person pawning or selling the same,
and the time when the loan becomes payable; provided, that
no pawnbroker or junk dealer shall purchase or receive in pawn
any article or property from a minor without the written con-
sent of his parents or guardian.
(d) Every pawnbroker or junk dealer shall, at the time
of each loan or purchase, deliver to the person pawning any
article of goods, a memorandum or note signed by him or her,
containing the substance of the entry required to be made in
his or her note book by the last preceding section; and no
charge shall be made for such entry, memorandum or note.
(e) Said books of any pawnbroker or junk dealer shall, at
all reasonable times, be open to the inspection of the Mayor,
Marshal, or Chief of Police, or detective of this city, or any or
either of them, or to any person who shall be duly authorized in
writing for the purpose, by any or either of them.
(f) No pawnbroker shall sell any pawn or pledge until the
same shall have remained two months in his or her possession
after the payment of the amount loaned becomes due, and all
such sales shall be at public auction, and not otherwise unless
by consent, in writing, of the party pawning the goods, and then.
not until six days' notice in writing has been given by posting
up three written notices in three public places in this city ; and
when any property is pledged exceeding the value of fifty dollars,
such notice shall be by publication in some newspaper printed
68 REVISED CITY ORDINANCES.
in said city, for the time above specified, and any junk dealer
who receives any goods on any contingent sale, mortgage, or
part payment, or with right of redemption, shall be held to .be
a pawnbroker, within the purview of this section.
(g) All surplus money, if any, arising upon such sale, after
deducting cost and expenses of sale, shall be paid over to the
owner of the article or thing sold, or be paid into the city treas-
ury for the use of such persons.
HACKS, OMNIBUSES, CARRIAGES AND DRAYS.
Sec. 9. No person, firm or corporation shall keep and use
in the city any omnibus, hack, carriage, wagon, dray, moving
van, or other vehicle, to carry for hire or compensation directly
or indirectly, from one part of the city to another, passengers,
baggage, goods or merchandise, without first obtaining a license
therefor, for which shall be paid, for each omnibus ten dollars,
and for each moving van ten dollars, and for each hack, carriage,
dray or wagon, drawn by two horses or mules, five dollars, and
for each carriage, dray or wagon, drawn by one horse or mule,
two dollars and fifty cents ; Provided, that this section shall not
apply to teamsters, habitually hauling for, or working for, the
same person, firm or corporation by the day, week or month,
and not soliciting business at any public stand, nor to the own-
ers of carriages, used and charged for by the hour or day, or
for the value of the use of the same as ordinary livery hire.
Sec. Io. No person licensed under Section 9 above shall
collect, or receive, for carrying any passenger from any place
in said city to another therein, more than twenty-five cents, ex-
cept when such passenger shall at his or her request, be carried
on, to or from any of the bluffs within the limits of the city, in
which case a sum not exceeding fifty cents may be charged and
received.
Sec. II. The owner of every vehicle licensed as aforesaid,
shall cause the number of his license to be plainly painted or
posted on some conspicuous part of each side of his vehicle.
BILLIARD AND POOL TABLES AND BOWLING ALLEYS, ETC.
Sec. 12. No person shall keep any billiard table, ten -pin,
nine -pin, or bowling alley, bagatelle table, Jenny Lind table,
pool table, or any other table of like character for the purpose
of permitting other persons to play thereon for hire, or whereon
others are permitted to play, and for the use of which, or privi-
ledge of playing thereon, or hire thereof, any charge is directly
Or indirectly made or any remuneration whatever is taken, or
establish or keep for hire or gain any shooting gallery without
first having obtained a license therefor. One road or track
REVISED CITY ORDINANCES. 69
shall constitute a ten -pin, nine -pin, or bowling alley within the
meaning hereof, regardless of the number of pins used.
The charge for said licenses shall be as follows : For each
billiard or bagatelle table the sum of five dollars. For each
Jenny Lind table, pocket pool table, or other table, nine -pin, ten-
pin, or bowling alley, the sum of five dollars ; and for each shoot-
ing gallery, the sum of fifteen dollars.
No person licensed under this section shall suffer or permit
any riotous or disorderly conduct on the premises, nor shall he
keep open nor permit it to be used for any of said purposes after
12 o'clock at night and before 7 o'clock a. m.
TRAVELING PHYSICIANS AND DOCTORS.
Sec. 13. No transient, traveling or itinerant doctor or
physician shall ply his vocation in the City of Dubuque, whether
in hotels, private houses or on the streets, whether advertising
or not, or using medicines prepared by themselves or others,
or professing to cure disease by any application whatever with-
out first procuring license therefor.
The fee for said license shall be the sum of five dollars per
day, or twenty-five dollars for each month.
PEDDLERS.
Sec. 14.—No person shall hawk or peddle within the limits
of this city any goods, wares, merchandise, or other articles,
save and except newspapers and farm and garden produce raised
by the seller, without first having procured a license therefor.
The charges for said license shall be as follows : For one
week, five dollars ; for one month, ten dollars ; for six months,.
twenty-five dollars ; for one year, fifty dollars.
CIRCUSES, THEATRES, SHOWS.
Sec. 15. No person shall conduct, carry on, exhibit, pro-
duce or display any circus, menagerie, theatre, theatrical ex-
hibition, show or other exhibition of any kind except lectures
on scientific, historical and literary subjects, without first pay-
ing the license fee and procuring a license therefor as follows :
First —For each theatre, opera house or hall, used for
public entertainments, exhibitions, shows or concerts, when
the seating capacity is six hundred or less, the license fee shall
be fifty dollars per year. When the seating capacity is more
than six hundred the license fee shall be one hundred dollars
per year. No license fee shall be charged to any church,
school house, Y. M. C. A. or Y. M. I. building.
Second —For each show or exhibition offering prizes of
70 REVISED CITY. ORDINANCES.
any kind, and for exhibitions, by ventriloquists, magicians,
sleight-of-hand performers and the like, the license fee shall be
ten dollars for the first performance or exhibition, and five
dollars for each additional performance or exhibition; said
license fee shall not be exacted when the exhibition or perform-
ance is in a licensed opera house, theatre or hall.
Third —For theatrical exhibitions, traveling concerts, or
operas, traveling exhibitions of wax figures, statuary, or
paintings, minstrel shows and performances, and all other pub-
lic exhibitions, shows or performances not otherwise enumer-
ated the license fee shall be for the first performance ten dol-
lars, and for each additional performance or exhibition, five
dollars. Said license fee shall not be exacted when the exhib-
ition or performance is in a licensed opera house, theatre, or
hall.
Fourth —For each circus, or circus and menagerie, the li-
cense fee shall be as follows : For the first day, where the
admission fee does not exceed twenty-five cents, twenty-five
dollars; fifty dollars where the admission fee exceeds twenty-
five cents, and for each succeeding day, not less than one-half
of said amounts.
Fifth —For each menagerie (alone) the license fee shall be,
for the first day ten dollars, and for each succeeding day one-
half of said amount.
Sixth —For each side show, or other small show exhibiting
in a separate tent, if traveling alone, the license fee shall be
ten dollars for each day.
Seventh —For any exhibition, concert or other entertain-
ment, conducted for charitable purposes, or for public benefit,
no license fee shall be charged.
SKATING AND ROLLER RINKS.
Sec. 16. No person shall, within the limits of the City of
Dubuque, keep, conduct, carry on, or operate any roller or
skating rink, merry-go-round, striking machine, baby rack,
cane rack, or any place, machine, or apparatus, for amusements,
trial of skill, or strength, not otherwise provided for herein,
for a fee, charge or profit, unless he shall first procure a license
therefor.
The fee for said license shall be, for each rink, merry-go-
round, machine, place or rack, two dollars for each day; or
five dollars for each week, or fifty dollars per year.
HOTELS, RESTAURANTS AND EATING HOUSES.
Sec. 17. No person shall keep within the limits of the city
REVISED CITY ORDINANCES. 71
any hotel, eating house, restaurant or boarding house without
first having obtained a license therefor.
The amount to be paid for each license shall be as follows :
For keeping eating houses or boarding houses, five dollars.
For keeping restaurants or lunch counters, ten dollars.
For keeping taverns or hotels charging $2.00 or more,: per
day for meals and average rooms, twenty dollars.
For keeping taverns or hotels charging $I.25 and less than
$2.00 per day for meals and average rooms and for those con-
ducted on the European plan, not furnishing meals or lunches,
ten dollars.
For keeping taverns or hotels charging less than $I.25 per
day for meals and average rooms, five dollars.
HOTEL RUNNERS AND PORTERS.
Sec. 18. No porter or runner for any hotel, boarding
house, railroad, steamboat, or stage line, or for any coach or
carriage, shall solicit passengers at any railway depot or steam-
boat landing within this city unless he shall first have procured
a license therefor, and shall procure and wear conspicuously
upon his hat, cap, or breast, a badge with the name of the
hotel, boarding-house, railroad, steamboat, or stage line for
which he is acting, engraved thereon, or if he is running for
a coach or carriage, with the word "hack" and his license
number engraved thereon.
The fee for said license shall be ten dollars per annum.
No porter or runner, while performing his duty, shall
harass, push, pull, vex, or disturb any person, or use any in-
decent or profane language, or make any kind of disturbance,
or attempt to deceive any person in relation to the charges,
fare, character, custom, or location of any public house, hotel,
private house, street, or place of business in said city, or in
relation to the time or place of the arrival or departure of any
railroad train or other conveyance.
The Marshal or Chief of Police, or any policeman shall
have power to arrest any porter or runner fo±ind in commission
of any act prohibited by this ordinance. ' Tliey'shall also have
power to give any directions for the preservation of the pt.iblic
peace or for the convenience of the public, at any railroad de-
pot, or station, steamboat or other public landing, and a failure
by any porter or runner to comply with such directions shall be
a violation of this ordinance.
Nothing herein shall be held to prevent the solicitation of
72 REVISED CITY ORDINANCES.
passengers by a hackman who has paid a license, and who is
engaged in running for his own hack.
TRANSIENT MERCHANTS.
Sec. 19. No traveling or transient merchant, or other
temporary dealer in goods, wares or merchandise, whether a
resident of Dubuque or not, shall sell, or offer for sale any
goods, wares or merchandise within the limits of the city with-
out first procuring a license therefor, for which license such
person shall pay the sum of fifty dollars per month, or five dol-
lars per day.
Provided, However, that if any person who shall have paid
such license shall thereafter be taxed by said city on account of
the goods, wares, or merchandise kept by him for sale under
such license, he shall be entitled to credit upon such city taxes
for the amount of license tax so paid by him, and the balance,
if any, shall be refunded.
Every person, whether owner, agent, or employee, who
shall temporarily place any goods, wares, or merchandise in
any boat, car, building, tent, or other erection in the said city
for the purpose of sale thereof or therefrom, shall be con-
strued and considered a transient merchant within the mean-
ing of this ordinance.
STREET VENDERS.
Sec. 2o. No person shall follow, or pursue the business of
selling fruit, vegetables, nuts, lemonade, ice cream, confec-
tionery, cakes, pop corn, or other goods or commodities, on
the streets or sidewalks of the city, whether in booths, tents,
or other temporary buildings or structures, or without cover,
without obtaining a license therefor, for which he shall pay one
dollar per day, five dollars per month, or twenty dollars a year.
VAULT CLEANERS AND SCAVENGERS.
Sec. 21. No person shall engage in the business of
scavenger or cleaning privy vaults, cess pools or water closets,
until he shall pay into the City Treasury a license of twenty-
five dollars per annum, but the City Council may refuse to
allow a license to be granted to any scavenger or vault cleaner
who may be deemed, in their discretion, an unfit and improper
person, and the said City Council or Mayor may revoke the
license so granted to any person who shall fail to comply with
all the requirements of this ordinance.
Sec. 22. Any such scavenger or vault cleaner who shall
have complied with the provisions of this ordinance and shall
have paid the license provided herein, shall be allowed to
REVISED CITY ORDINANCES. '73
charge and collect for each cubic foot of contents removed by
him from any privy vault, cess pool or water closet a sum not
exceeding ten cents per cubic .foot, when the same shall be re-
moved from any place below the bluffs, and when the same is
situated upon the bluffs he shall be entitled to charge and col-
lect a sum not exceeding twelve and one-half cents per cubic
foot for such contents removed.
Sec. 23. Any person who shall engage in the business of
cleaning privy vaults, cess pools and water closets, and remov-
ing the contents of the same, shall provide himself with the
necessary apparatus for removing the contents of the said
privy vaults, cess pools and water closets, and such apparatus
may include as a means of carrying away such contents either ,
carts or wagons, provided with covered water -tight boxes or
barrels, the same to be kept clean, air tight, in good condition
and properly disinfected; said boxes or barrels shall be of such
construction that their contents may be readily discharged.
When in actual use a red or yellow light shall be kept burning
upon each cart or wagon.
Sec. 24. No scavenger, vault cleaner or any other person
shall remove the contents of any privy vault, cess pool or water
closet, except in such air -tight boxes or barrels, and, as pro-
vided in this ordinance. During the months of November,
December, January, February and March of each year, such
contents may be removed in such air -tight boxes or barrels
during any hour of the day or night, but during the months of
April, May, June, July, August, September and October of
each year, such removal shall only be made in the night time
between the hours of 9 p. m. and 4 a. m.; Provided„ However,
that the Health Officer of the City of Dubuque may in his
discretion grant a permit in writing, allowing such contents to
be removed during the day time at any time during the months
of April, May, June, July, August, September and October.
Sec. 25. It shall be the duty of such scavenger or vault
cleaner, at the request of the owner or occupant of any premises
within the city, on which is situated any privy vault, cess pool
or water closet, to remove the contents of such privy vault,
cess pool or water closet, and deposit the same in such place or
places as may be designated by the City Council ; Provided,
however, that when such request is made, such scavenger or
vault cleaner shall not be obliged to perform the services re-
quired until paid therefor at the rates hereinbefore specified.
Sec. 26. It shall be the duty of the Health Officer of the
City of Dubuque, the Marshal or Chief of Police or any mem-
ber of the Board of Health of said city, whenever they or any
of them shall deem it expedient, or whenever any privy vault,
74 REVISED CITY ORDINANCES.
cess pool or water closet shall be filled within two feet of the
surface of the ground, to order the owner, lessee or occupant of
the premises to remove the contents of the same.
Sec. 27. Whenever any person owning, leasing or occupy-
ing any premises within the city on which is situated any privy
vault, cess pool or water` closet, or whenever the agent of any
such owner, lessee or -occupant --shall be -notified .by the Health
Officer of the city, the Marshal or Chief of Police or by any
member of the Board of Health of said city, to remove the
contents of any such privy vault, cess pool or water closet it
shall be the duty of the person so notified to forthwith request
some regularly licensed scavenger or vault cleaner to remove
such contents, and, if demanded by such scavenger or vault
cleaner, to pay in advance the expense of such removal com-
puted at the rate herein provided. Upon the failure or refusal
of any person notified by the Health Officer of the City of
Dubuque, the Marshal or . Chief of Police, or any member of
the Board of Health of this city, to remove the contents of
any privy vault, cess pool or water closet, to comply with such
request in the manner hereinbefore provided, the Marshal or
Chief of Police shall cause the same to be removed by some
licensed scavenger or vault cleaner, and the expense for such
removal shall be collected by the city by special assessment
against .the property or by civil action against, the personso
refusing or failing to comply with such request.
Sec. 28. No person shall cover with earth or other
material any privy vault, cess pool or water closet without first
removing the contents thereof, or tap or drain any privy vault,
cess pool or water closet into any other excavation or into
any opening except a common sewer; or to allow any privy
vault, cess pool or water closet to become filled within three
feet of the surface of the ground ; and it shall be the duty of
every owner, lessee or occupant of any premises on which such
vault, pool or closet may be situated after being notified by
the Health Officer of the city, the Marshal or Chief of Police
or any member of the Board of Health of the city, to abate
the same, as provided in the foregoing section.
Sec. 29. Every such scavenger or vault cleaner shall in all
cases use diligence in the removal of the contents of privy
vaults, cess pools and water closets, and as soon as possible
after the commencement of such removal, and in every case he
shall leave such vaults, privies or cess pools in the best possible
condition, and the premises about them clean and thoroughly
disinfected, and the failure to comply with the requirements of
this section shall be deemed a sufficient cause for the revoca-
tion of his license.
REVISED CITY ORDINANCES. 75
DOGS.
Sec. 3o. No person owning or harboring any dog or bitch
shall allow the same to run at large without procuring a license
therefor, which shall be issued for the term of one year, on pay-
ment of the sum of one dollar for each dog and three dollars for
each bitch. Any person who shall allow any dog or bitch
habitually to remain, and be lodged or fed within his or her
house, barn, store or enclosure, shall, be considered as harbor-
ing the same within the meaning of this ordinance.
Sec. 31. If any person shall refuse or neglect to obtain
a license as provided in the preceding section, any dog or bitch,
owned or harbored by such person, shall be considered a public
nuisance, and it shall be lawful for any person to kill the same
while running at large. And it shall be the duty of the Mar-
shal or Chief of Police forthwith to cause such dog or bitch to
be killed, and no person shall hinder or resist the Marshal or
Chief of Police in the duties hereby imposed upon him.
Sec. 32. Any dog or bitch running at large, without a
collar or other distinguishing mark by which the owner may
be known, shall be deemed a nuisance and subject to the pro-
visions of section 31 of this ordinance for unlicensed dogs.
Sec. 33. Any person engaging in any business or occupa-
tion or doing any act for which a license is required by this
ordinance without a license, or any person who shall violate
any of the provisions of this ordinance, or who shall fail to
comply with any of its requirements, shall, upon conviction, be
punished by fine of not less than five dollars, nor more than
one hundred dollars, and- shall be imprisoned at hard labor until
such fine and costs are paid, not exceeding thirty days.
Sec. 34. Wherever used in this ordinance, the word "per-
son" shall include and be held to apply to corporations and
firms.
Sec. 35. A license issued under section 14 of this chapter
shall authorize only one individual, who shall be named in said
license, to hawk or peddle thereunder.
Sec. 36. All annual licenses provided for herein, shall ex-
pire on the 3ist day of March in each year, and every person
requiring such license shall pay for the same on or before
April loth following. Provided, That any person upon com-
mencing any business requiring such license at any time during
the year shall be entitled to a license from the time of com-
mencing business, and such license shall commence at such
time and end on March 31st following, and the amount paid
for such license shall be the proportionate amount for one
year, commencing on the first day of the month in which such
6
76 REVISED CITY ORDINANCES.
license is issued ; but in no case shall the amount for such
license be for less than a quarter of a year.
CHAPTER XXVII.
AN ORDINANCE relating to the Fire Department and de-
fining the limits of the Fire Districts and the Prevention
of and Protection from Fires.
Be it Enacted by the City Council of the City Dubuque :
Section I. The Fire Department of said city shall consist
of one Chief of the Fire Department, and one Assistant Chief
and such number of Captains, Drivers, and Privates, as the
City Council may from time to time authorize.
Sec. 2. The Chief of the Fire Department shall have com-
mand and entire control and direction of all members of the
Fire Department, and all other persons who may be present at
fires, and shall devote his entire time and attention to the duties
of his office and the making of the Fire Department efficient ;
and at fires shall have full power of a policeman, and in the
absence of the Chief of Police, Marshal or Captain, shall have
authority to control and direct the other officers of the police
force present.
Sec. 3. The Chief of the Fire Department and Committee
on Fire and Water of the City Council shall have supervision
and control of all buildings, engines, machinery, animals and
apparatus used by the Fire Department and it shall be the
duty of the Chief of the Fire Department at least once each
week, or oftener, if required by said committee, or the Mayor,
or Council, to carefully examine into the condition of all of
such property, and see that the same is at all times in good
repair and condition, and report to said committee any defect
or injury in same, or any repairs, attention, alteration, or ad-
dition required, and shall, with the consent of said committee,
cause all necessary repairs to be made without delay. He shall
keep correct rolls of all members of the department, the date of
admission and discharge, with the rate of pay, amount due
respectively, and make report thereof to the Council once a
month, in writing, together with an accurate list of all fires
that may take place within the city, with the causes thereof.
He shall certify all pay rolls and all bills against the city in-
curred for the fire department, and annually before the first
day of March, or when required by the Council, report the
number of men employed, the fire alarms given, the number
and quality of all hose carriages, engines, hose, teams, harness,
and all other property of every kind and description connected
with or for use in the fire department, including the fire alarm
REVISED CITY ORDINANCES. 77
telegraph, and any other facts and circumstances showing the
workings of the same, with suggestions or recommendations as
to the improvement of same.
Sec. 4. The Chief of the Fire Department shall have super-
vision of the fire alarm telegraph and all wires, apparatus,
signal stations and keys thereto, and shall see that the same
are kept in repair. As far as practicable the work in repairing
same shall be done by members of the fire department. He
shall distribute the keys to signal stations, keep a record of
such distribution and take receipts for keys when given out.
Sec. 5. The Chief of the Fire Department may prescribe
limits in the vicinity of a fire within which no person, except
those residing therein, members of the fire department, police
force, and those admitted by said Chief or his subordinates,
shall be permitted to come, and such Chief or the officer having
charge in his place at any fire, when in his judgment it is
necessary, may call upon any person or persons to assist, and
any person or persons, neglecting or refusing to obey such
call, shall upon conviction be fined any sum not less than five
nor more than twenty-five dollars.
Sec. 6. The Chief, during the progress of any fire, when-
ever in his judgment it becomes necessary to check or control
the same, shall have power to order any fence, building, or erec-
tion of any kind to be cut down and removed, he shall with, the
consent of the Mayor and Marshal or Chief of Police and
Captain of Police and one member of the Committee on Fire
and Water, have power to cause any building or erection to
be blown up for the purpose of checking or extinguishing a
fire. He shall also have power, with the consent of the Com-
mittee on Fire and Water, to tear down any portion of any
building that may be standing after a fire or has become de-
cayed or dilapidated and in their judgment is dangerous to
persons or property.
Sec. 7. The Chief of the Fire Department and the Com-
mittee on Fire and Water shall appoint all officers and mem-
bers of the fire department except the Chief, subject to the
approval of the City Council.
Such members shall consist of Assistant Chief, Engineers,
Captains, Stokers, Drivers, and Pipe and Truckmen.
Sec. 8. The compensation of the members shall be as.
follows : Chief, $ioo; Assistant Chief, $70 ; Engineers, $75 ;
Captains, $65 ; Stokers and Drivers, $60 ; and Pipemen and
Truckmen, $5o per month.
And provided that the compensation herein fixed for
78 REVISED CITY ORDINANCES.
officers and members of the department shall be in full for any
and all services by them in any manner performed.
Sec. 9. It shall be sufficient ground for the discharge of
any member of the Fire Department or any employe therein,
that such member or employe shall wilfully refuse or neglect to
perform the duties of his station, or shall be guilty of diso-
bedience to any lawful and proper order of his superior officer,
or wilfully violates any ordinance of said city, or the rules or
regulations of•the Fire Department, or for any other cause his
usefulness as a member of the Fire Department has ceased.
Sec. io. It shall be the duty of the Chief to discharge any
member or employe of the Fire Department on any of the
grounds mentioned in preceding section, subject to the ap-
proval of the Committee on Fire and Water.
Sec. 11. The Assistant Chief shall have all the powers of
the Chief in the absence or inability of the Chief, and shall
be respected and obeyed accordingly.
Sec. 12. It shall be the duty of the Chief to examine and
inspect buildings and improvements in course of erection, and
cause all ordinances and regulations in relation to fires to be
strictly enforced.
Sec. 13. No person shall wilfully hinder or interfere with
any city officer or fireman in the performance of his duty at,
going to, or returning from any fire, or while attending to his
duties as member of the Fire Department, or wilfully or negli-
gently drive any dray, wagon, street car, locomotive, train of
cars, or other vehicle across, along, or upon any hose, or shall
wilfully cut, deface, destroy or injure any telegraph wire, or
pole, or signal boxes, or any of the property or fixtures belong-
ing to or connected with the Fire Department or the fire alarm
telegraph.
Sec. 14. It shall be the duty of the Chief of Police or
Marshal or Captain, or other officer in charge of the police,
with such forces as he may deem necessary to repair immedi-
ately at the alarm of fire to the place where the fire may be,
and there remain for the preservation of the peace and the
removal of idle and suspected persons, and the preservation and
protection of property at and in the vicinity of the fire.
Sec. 15. The Chief of the Fire Department and the City
Council shall make such rules and regulations for the govern-
ment of the Fire Department and its employes as they may
deem proper and necessary to promote the greatest efficiency
of the service, which rules shall be in force for the control and
government of said Fire Department; and said Chief and
Council shall prescribe a uniform for the members of'the paid
REVISED CITY ORDINANCES. 79
Fire Department, and such members shall provide themselves
with such uniforms at their own expense.
Sec. 16. The City Council by a majority vote shall fill
the office of Chief of the Fire Department with a competent
person.
Sec. 17. That all appointments to the office of Chief of
the Fire Department shall be made from active members of
the said Fire Department. Provided, further, that no mem-
ber shall be eligible to said office who shall not have been an
active member of the said department for the two years pre-
ceding his election.
Sec. 18. That if the City Council have good cause to ;be-
lieve the occupant of the office of Chief of the Fire Department
is not paying strict attention to his official duties, or is not
conducting himself in a manner becoming an official of the city,
they may, by a majority vote of the entire Council, remove said
occupant of the office of Chief of the Fire Department from said
office.
Sec. 19. That when a vacancy in said office occurs from
any cause whatsoever, it shall be the duty of the City Council
to fill the same immediately.
Sec. 20. That all that part of the city lying within the
following limits is hereby denominated the fire district, viz:
The north tier of lots fronting on the south side of Jones
Street from the Illinois Central railroad tracks west to Bluff
Street, all lots fronting from the west on Bluff and Locust
Streets north to Seventeenth Street, all lots fronting on
the north side of Seventeenth Street east to Clay Street, all lots
fronting on the west side of Clay Street and Cooler Avenue,
north to Sanford Avenue, all lots fronting on the east side of
Couler avenue south from Sanford Avenue to Eighteenth
Street, all lots fronting on the north side of Eighteenth Street,
east to the west side of Washington Street, all lots fronting on
the west side of Washington Street souh to Fifth Street and
thence along the Illinois Central railroad track to Jones Street.
Also both, sides of Eagle Point Avenue from Couler Avenue to
Elm Street, also both sides of Rhomberg Avenue from Couler
Avenue to Johnson Avenue, and both sides of Julien Avenue
from Bluff Street to its intersection with Julien Avenue and
West Eighth Street.
Sec. 21. No person, either for himself or for another, shall
erect, or place any building or part of a building within the
aforesaid limits, unless the entire outside walls thereof shall
be of stone, brick or other fire -proof material, the whole thick-
ness of said walls.
86 REVISED CITY ORDINANCES.
Sec. 22. That nothing contained in the preceding section
shall prohibit the erection within the aforesaid prescribed
limits of any building of wood, which shall not be more than
eight feet square, nor of any wood house for keeping and
storing fire -wood, which shall not exceed twenty feet in
length, twelve in width and twelve in height ; nor of any barn
which shall not exceed twenty-four feet in length, sixteen in
width, and not more than twelve feet in height from the sur-
face of the earth to the roof : Provided, Such small buildings,
or woodhouse or barn, shall not be made to front upon any
street ; and the City Council may, by special permit, authorize
the erection of any frame buildings within the limits aforesaid,
on application in writing being made and signed by the owners
of not less than two-thirds of the block upon which such build-
ing or addition is to be erected or placed.
Sec. 23. No wooden building or part of any wooden
building, within the fire limits, shall be raised or enlarged ;
nor shall any such wooden building or part of any wooden
building, within the fire limits, be removed to any other place
within the same ; nor shall any such building, or part of build-
ing, be removed into the fire limits from without the same;
nor shall any wooden building within the fire limits, which may
become damaged to the extent of fifty per cent of the value
thereof, by fire or other casualty, be repaired or rebuilt, unless
such buildings are made to comply with the provisions of sec-
tion 21 ; nor shall any such building, when the damage thereto
is less than fifty per cent of its value, be so repaired as to be
raised higher than the highest point left standing after such
damage shall have occurred, or so as to occupy a greater space
than before the injury thereto.
Sec. 24. The amount of, or extent of, damage that any
be done to any building, may be determined by three disin-
terested persons, residents of the city, one of whom shall be
chosen by the owner of the building, the second by the Mayor,
and the two so chosen shall select the third, and if the owner
refuse to make a selection, the Mayor may select for him, and
the decision of the person so chosen shall be final and con-
clusive.
Sec. 25. That no owner or builder, or other person shall
own, build, or aid in the erection, raising, enlarging, or repair-
ing, or removing of any building within the fire limits, con-
trary to the provisions hereof, and every such building so
erected, raised, enlarged, repaired or removed, shall be deemed
a nuisance, and the Marshal may, when directed by the City
Council, abate the same.
Sec. 26. That no person shall keep or establish a lumber
REVISED CITY ORDINANCES. 81.
yard, for the deposit of lumber, within the fire limits of this
City, except by special permit of the City Council, on appli-
cation in writing, signed by the owners of ' two-thirds of the
property in the block in which such lumber yard is situated,
and any lumber yard so established in violation of this ordi-
nance'
may be abated as provided in the preceding section.
Sec. 27. That no person shall pass any stove pipe, or
flue, through any roof, partition or side of any house in the
City of Dubuque, unless it is sufficiently surrounded by brick,
stone, or other incombustible substance, so as to be at least
three inches removed from any wood or combustible, and all
chimneys and stove pipes shall in all cases extend at least two
and a half feet beyond the roof or side of the house through
which it passes, but no pipe shall project into any street or
alley.
Sec. 28. That no person shall set fire to or burn any
shavings, straw, or other combustible materials, in any street
or lot in said city, within twenty feet of any building.
Sec. 29. That no person shall stack more than one ton
of hay or straw in any lot of said city, within one hundred
feet of any building.
Sec. 3o. That no person shall use any building for try-
ing or for rendering lard or grease, smoking meat or provisions,
or boiling oil or varnish, if such building shall stand within one
hundred feet of any other building, unless such buildings are
secured from fire by a brick, stone or ground floor, and no,
wood work within ten feet of the fires.
Sec. 31. All buildings excepting such as are used for
private residences exclusively in the City of Dubuque, of
three or more stories in height, shall be provided with one
or more metallic ladders, or equally good fire escapes, extend-
ing from the ground to the upper stories of such building,
and above the roof, and in such location and numbers, and of
such material and construction, as the Chief of the Fire De-
partment of the City of Dubuque may in writing designate and
determine. And after such determination by said Chief of the
Fire Department he may at any time by notice in writing, serve
upon such owners, lessee or occupant of such building, by leav-
ing with such owner, lessee or occupant, or at his or her resi-
dence or place of business, a copy of such notice, require such
owner, lessee or occupant, or either of them, to cause such
ladder or fire escape to be placed upon such building within
thirty days after the service of such notice ; Provided, how-
ever, that all buildings more than two stories high and used for
manufacturing purposes, shall have one metallic ladder for
82 REVISED CITY ORDINANCES.
every twenty-five persons or less employed above the second
story, or a fire -proof stairway.
Sec. 32. In case such owner, lessee, or occupant, or
either of them, so served with notice as aforesaid, shall not
within 3o days after the service of such notice upon him, or
them, place, or cause to be placed, such metallic ladder or
fire escape upon such building as required by section 31 of
this ordinance and the terms of such notice, he or they shall
be subject to a fine of not less than ten dollars nor more than
one hundred dollars.
Sec. 33. All business buildings being more than fifty
feet high, covering an area of more than 5,00o superficial feet;
also all buildings exceeding sixty feet in height, shall have a
two and one-half inch (or larger) metallic stand pipe within
or near the front .wall extending above the roof, and arranged
so than engine hose can be attached from the street.
All hose couplings shall conform to the size and pattern
adopted or used by the Fire Department of the City of Du-
buque.
Any person failing or neglecting to comply with the re-
quirements of this section shall, upon conviction, be fined not
less than ten, nor more than one hundred dollars.
Sec. 34. Any person violating any of the provisions of
this chapter, or failing to comply with any of its requirements,
shall upon conviction be fined not less than five, nor more than
one hundred dollars, and be imprisoned until such fine and
costs are paid, not exceeding thirty days, unless otherwise pro-
vided in this chapter.
CHAPTER XXVIII.
AN ORDINANCE relating to Gunpowder and Inflammable
Oils and Substances.
Be it Ordained by the City Council of the City of Dubuque :
Section i. No person (except persons keeping not ex-
ceeding two pounds for their own use), shall keep, sell, or de-
liver gunpowder within the city, in any quantity, without a
written permit from the city, signed by the Mayor and attested
by the Recorder under the seal of the city.
Sec. 2. No person to whom any permit shall be granted
to keep or sell gunpowder, shall deposit or keep in store ex-
ceeding fifty pounds of gunpowder within the city, unless the
same be kept in a warehouse or other building situated at
least three hundred feet from any other building, nor shall
REVISED CITY ORDINANCES. 83
he, at his place of business, or elsewhere within the city, sell
or deliver any gunpowder, camphene, or other like explosive
substance or liquid, by any fire, candle, or lamp light, unless
in sealed cans, canisters, or cases.
Sec. 3. Any person keeping gunpowder in any building,
shall, in case of such building taking fire, or being in danger
of taking fire from any burning building near or adjacent
thereto, immediately cause such gunpowder to be removed ;
and in case he shall be unable to remove the same, he shall
forthwith notify the officer in command at such fire, of the
location and quantity of such gunpowder.
Sec. 4. If it shall come to the knowledge of the Mayor,
or he has good reason to believe, that any person keeps, or
has on hand a greater quantity of gunpowder than is author-
ized herein, or any quantity whatever, in violation of the pro-
visions hereof, he shall direct the Marshal to examine the
premises of such person, and if gunpowder be found therein
kept in violation of this ordinance, the Marshal shall remove
the whole thereof, and the permit of such person, if he have
one, shall be forfeited; and the Marshal shall have power to
enter any building or premises, or any part thereof, for the
purpose of enforcing the requirements of this section.
Sec. 5. No permit shall be granted to any notoriously
intemperate or imprudent person ; and all permits granted
under the provisions thereof, shall expire on the last day of
March, in each year, unless sooner revoked by the Mayor.
Sec. 6. No person, company or corporation shall manu-
facture or carry on, or continue any manufactory or estab-
lishment for the purpose of making, producing, refining
distilling, or in any manner generating coal or earth oil,
petroleum, kerosene, gasoline, carbon oil, benzine, benzole,
naptha, camphene, burning fluid, coal oils, or other easily
inflammable substance, within the fire limits of this city ; nor
shall any of said acts be done, continued or carried on out-
side of the fire limits and within the city limits without the
prior consent of the City Council.
Sec. 7. No merchant, dealer, painter, or other person,
company or corporation shall, within the fire limits of the
city, keep on hand in any store, building, cellar, or other
place within said fire limits, a greater quantity of camphene,
benzine, benzole, kerosene, naptha, or other coal oils, or other
easily inflammable burning fluid, than one barrel, not exceed-
ing forty-five gallons of each at any one time, not exceeding
five barrels in all ; and benzine, benzole, or naptha kept for
retail shall be sold by daylight only, and shall be kept in a tin
1
84 REVISED CITY ORDINANCES.
can or other metallic vessel ; Provided, That any dealer, mer-
chant, or other person, if he keeps none of the other oils or
inflammable substances named or referred to in this ordinance,
may keep five barrels of kerosene, or two of benzine, or two of
any other kind, not exceeding five in all, and if retailed, it shall
be from tin cans or other metal cases. Provided, also, that
kerosene may be retailed by gas -light. Outside of said fire
limits, no such person, company or corporation shall keep any
of said articles other than as above provided, without the con-
sent of the City Council.
Sec. 8. That it shall be unlawful for any jobber, whole-
saler or other dealer in oils to keep or have on hand or in
store at any one place in the City of Dubuque, any petroleum
oils of any kind or variety, including kerosene, gasoline, ben-
zine, naptha, lubricating, machine or other inflammable oil in
greater quantities than five barrels except the same be kept
in fire -proof tanks made of tank iron, or stored in a brick or
stone building or buildings made as nearly fire -proof as
possible.
Sec. 9. Whoever violates any of the provisions of this
ordinance shall be guilty of a misdemeanor and shall be fined:
not less than five, nor more than fifty dollars, and be impris-
oned until the fine and costs are paid, not exceeding thirty days.
CHAPTER XXIX.
AN ORDINANCE to prevent the erection of dangerous build-
ings and walls.
Be it Ordained by the City Council of the City of Dubuque :
Section i. That the doors of churches, theatres, public
school houses, colleges, court houses, and all other public build-
ings in the City of Dubuque, except stores, shall be so con-
structed as to open outwardly, and to furnish an easy egress
from the same, in case of alarm from fire or other cause.
Sec. 2. That all winding stairs in any building in the pre-
ceding section described, are hereby declared to be a nuisance,
and subject to abatement as ether nuisances. The aisles in all
such buildings shall be kept open and unobstructed, and the use
of all reasonable precautions to prevent accident shall be
adopted.
Sec. 3. That in all theatres and other places of public
REVISED CITY. ORDINANCES. 85
amusement, the dressing ,rooms shall be separated from the
stage by fire -proof doors, and the stage separated from the
auditorium by a fire -proof drop curtain, capable of being low-
ered instantly ; and enough water shall be kept between the
flies to flood the stage floors at a moment's warning; and a fire-
man shall be stationed in each of said buildings when an audi-
ence is within the same.
Sec. 4. It is hereby made the duty of the Chief of the Fire
Department, unless another person be appointed by the City
Council for the purpose, to inspect the buildings last above
mentioned, once in every three months, and to report to the
City Council any defect therein, or any want of conformity to
the last section; and it shall thereupon become the duty of the
City Council, if said report shall be deemed by them well found-
ed, to notify the owners or tenants of any such building, to
make the same to conform to said requirements ; and if such
owner or tenant shall fail to do so within a reasonable time, said
Council may declare the same to be a nuisance, and direct the
City Marshal or Chief of Police to close the building against
the public use of the same ; and it is hereby made the duty of the
City Marshal or Chief of Police on receiving such direction
from the Council, to carry out said order.
Sec. 5. If any person, whether owner or tenant of such
building, shall occupy the same for public entertainment after
such notice shall have been given, he shall be declared guilty
of a misdemeanor, and on conviction shall pay a fine of not less
than twenty-five dollars nor more than one hundred dollars, and
costs.
Sec. 6. It shall be the diity of the City Engineer, when any
citizen representing that ashes or combustible materials are
kept in any place in the city in an insecure manner, or that the
doors or stairways in any factory or workshop or other place of
employment are insufficient for the escape of employes in case
of fire, panic or accident; o1 that the funnels, flues, fire boxes
or heating apparatus in any building in the city are insecure or
dangerous, or that any part of any building in the City of Du-
buque is in an unsafe or dangerous condition, or in any wise in
contravention of this ordinance, to make an examination of such
place or building, and if such representation is'found to be true
said Engineer shall give notice in writing to the owner or lessee
of such place or building to make such changes, alterations or
repairs as public safety or the ordinances of the City of Dubuque
may require ; and it shall be unlawful to continue the use of such
building until the changes, alterations or repairs found neces-
sary by the City Engineer be made to said building or part
thereof.
J
86 REVISED CITY ORDINANCES.
Sec. 7. If the soil on which new buildings are to be erected
is a layer of pure clay at least twelve feet thick, without admix-
ture of any foreign substance except gravel, it shall be loaded
not more than at the rate of 4,50o pounds per square foot; if
it is more than 14 feet thick, well compressed and dry, it may,
be loaded not to exceed 5,00o pounds per square foot; if the
soil is a layer of dry compressed sand it may be loaded not to
exceed 5,000 pounds per square foot.
On solid rock the same ioad may be used as for dry com-
pressed sand. On other ground the load per square foot shall
not exceed 3,50o pounds. It shall be unlawful to build on filled
ground until in the opinion of the City Engineer it is well com-
pressed or at least has been filled for five years, and not then if
organic matter was used to fill with, without the entire surface
under the building being first covered with concrete.
Sec. 8. Foundation loads on soil may be distributed by
means of concrete, dimension stone, or iron grellage embedded
in concrete.
Offsets in concrete shall not be more than one-half the
height of the course and shall not be loaded more than 8,000
pounds per square foot when made with native cement ; if re-
inforced by iron or steel beams or rails, this load may be in-
creased according to the strength of the steel used; the fibre
strain of said steel shall not be computed to exceed i6,000
pounds per square inch. Dimension stones must have uniform
beds, and the offsets in the same, where two or more layers are
used, must not be more than three-quarters of the height of the
individual stones. They must be set with full beds of cement
mortar under their entire area, and in such manner that they
will not rock after being set. Dimension stone in foundations
shall not be subjected to a load of more than Io,000 pounds per
square foot in piers.
If the beds of the stones are dressed and leveled off to uni-
form surface and the stones are set in a standard cement mor-
tar, this strain may be increased to 14,00o pounds per square
foot.
Sec. 9. The following table shall goV'ern the construction
of walls in thickness in all public, church, theatre, factory, and
store buildings ; this table is for brickwork ; where stone is used
in construction, as it may be in the basement and other parts
these thicknesses shall be increased at least one-fourth.
a
REVISED CITY ORDINANCES. '
87
STORIES.
d
,a
0.
Y
.a-
a
CV
One-story ...
12
12
...
...
...
...
...
...
...
...
...
...
..
Two-story ...
16
12
I2
...
...
...
...
...
...
...
...
..
Three-story ..
i6
16
12
12
......
......
• • •
• • •
• • •
• • •
. .
Four-story ..
20
20
i6
i6
12
...
...
...
...
...
...
..
Five -story ...
24
20
20
i6
i6
i6
...
...
...
...
...
...
..
Six -story ....
24
20
20
20
i6
i6
i6
...
...
...
...
...
..
Seven -story ..
24
20
20
20
20
i6
i6
i6
...
...
...
...
..
.Eight -story ..
24
24
24
20
20
20
i6
16
i6
...
...
...
..
Nine -story ...
28
24
24
24
20
20
20
i6
i6
i6
...
...
. .
Ten -story ...
28
28
28
24
24
24
20
20
20
i6
i6
.....
Eleven -story .
28
28
28
24
24
24
20
20
20
i6
i6
16
..
Twelve -story .
32
28
28
28
24
24
24
20
20
20
i6
i6
i6
Sec. Io. In buildings other than those named in Section
9, the thickness o brick walls shall be as follows:
C
8
GA
- STO&[ES.
.ti
b
N
b
GO
A
d'
d
W
d
CO
Sy
A
CO
48
T
xi
ri
y
..
rl
xi
C7
rl
Basem't and...
12
8
......
.........................
Two-story
12
12
8
...
...
...
.. •..
.. •
...
. • .
Three-story ..
16
i2
12
8
...
...
...
...
...
...
...
.
. .
Four-story ...
20
16
16
12
12.
.
...
..•
.••
•••
•••
'••
•
Five -story ...
20
16
16
16
12
12
...
...
...
...
...
...
. .
Six -story ....
20
20
16
16.
16
12
12
...
...
...
...
..
•
Seven -story ..
24
24
20
20
16
16
12
12
...
...
...
...
. .
Eight -story ..
24
24
24
20
20
16
16
12
12
...
...
...
. .
Nine -story ...
28
24
24
20
20
20
16
16
12
12
...
...
. .
Ten -story ...
28
24
24
24
20
20
20
16
16
12
I2
...
..
Eleven -story .
28
28
24
24
24
20
20
20
16
16
12
12..
Twelve -story .
32
28
28
24
24
24
20
20
20
16
16
12112
1
I
I
If stone is used the thickness shall be increased at least one-
f ourth.
Sec. 1 i. Fire walls at least 8 inches in thickness and car-
ried 24 inches above roof, where tar and gravel or other flat
88 REVISED CITY ORDINANCES.
roof is used shall be built of good brick and covered with a fire
clay or metal coping.
Sec. 12. Where buildings are erected without dividing
walls, the columns or piers shall be so spaced that the load on
foundation soil shall not exceed the loads given in Section 8.
Sec. 13. Walls of brick shall be constructed so that the
crushing load on the brickwork, if in lime mortar, shall not ex-
ceed 12,000 pounds per square foot; if in a standard Portland
cement mortar it shall not exceed 18,000 pounds per square foot.
If walls are built with native rubble masonry the load when
built with lime mortar shall not exceed 8,000 pounds per square
foot ; if built with ordinary cement mortar the load shall not
exceed io,000 pounds per square foot; if built with a standard
Portland cement mortar it shall not exceed 12,000 pounds per
square foot.
Sec. 14. The use of soft bricks is prohibited in all parts
of buildings exposed to the weather and in internal and external
piers ; the bond of brickwork shall be formed by laying not less
than one course of headers for every seven courses of stretchers.
Sec. 15. Stone facing or pressed brick facing not thor-
oughly bonded into the walls shall not be counted as forming
any part of the thickness of walls for the purposes named in
Sections 9 and to; but if pressed brick is bonded in with headers
every seventh course, or if stone facing or Ashlar with bond
courses at a ,distance apart of not more than four times the
thickness of the Ashlar, and when the thickness of the bond
course is at least twice the thickness of the other courses and
in no case less than 8 inches then such pressed brick facing
or stone facing or Ashlar shall be counted as part of the thick-•
ness of the wall.
Sec. 16. Timber construction shall be based upon the fol-
lowing fibre strains : White pine, well seasoned, goo pounds.
Long Leaf Yellow Pine, 1,449 pounds. Oak, 1,20o pounds.
Sec. 17. All masonry walls shall be well anchored to the
joists and to girders.
Sec. 18. If steel is used in the construction of floors and
roofs or in columns, the fibre strain of same shall not be counted
as exceeding 16,999 pounds per inch. Cast iron supports shall
not carry a greater load than 10,00o pounds per square inch.
In supports and columns the fibre strain shall be reduced, for
ratio of length of column, to its least radius of gyration by ap-
proved formulae.
Sec. 19. No wood frame buildings will be allowed to be
erected within the fire limits of the City of Dubuque, except as
otherwise provided by ordinance.
REVISED. CITY ORDINANCES. 89
Sec. 20. No winding stairways will be allowed to be putt
up in any public building or buildings, or in any other build-
ings where rooms or halls are used for public purposes. Every
public building shall have at least two main stair -flights lead-
ing to each story, not less than five feet wide, built on strong
stringers, or constructed of iron having strong railings. Stairs
from upper stories downward to increase in width at least one
foot for each story. Every public building to have at least
two main entrances, and one or two rear doors, which in all
cases are to open outward. Main doors not to be less than five
feet wide. Public buildings intended to seat more than 800
people shall have over and above the exits named, one extra
exit 5 feet wide for every 259 people or part of 25o more than
800.
Sec. 21. No chimney shall be built with less than four
inch thickness of brick or stone wall, completely imbedded
in lime mortar, and all the joints filled with mortar. No flue
shall in any case be less than eight • by eight inches.
Holes for stovepipes shall have a sheet iron thimble or other
fire -proof material inserted into the chimney, imbedded in mor-
tor, and a tin or sheet iron stopper, with a flange at least one
inch wide, outside of the brick. No person shall build, or cause
to be built, a chimney contrary to this section.
Sec. 22. Power plants belonging to factories, which plants
are not placed in separate building or buildings, divided from
the main building by masonry walls shall have a fire proof pro-
tection of masonry walls around same, and also a fire proof
flooring over same, constructed of brick or tile or else the joists
over same shall be lathed with metal lath and welt plastered
with two coats of good plastering.
Sec. 23. All elevators in buildings shall be inspected by
the City Engineer or such other officer as the City Council may
appoint, once every three months ; said officer shall report to the
City Council any elevator or elevators which in his opinion are
unsafe and said Council shall order same not to be used until
the necessary repairs are made.
Sec. 24. No addition to the height of any building con-
structed according to Sections 9 and to, shall be made without
all walls and foundations being correspondingly increased, and
in no case shall the final load, including "dead and live" load,
on the foundation soil be greater than that named in Section 7.
Sec. 25. That the plans and specifications of all the build-
ing improvements in this ordinance provided for, shall first be
filed in the office of the City Engineer, to be examined by him,
or some person to be appointed by the City Council ; and if said
$0 REVISED CITY °ORDINANCES. REVISED CITY ORDINANCES. 91
plans and specifications be found to comply with the require-
ments of this ordinance, then said City Engineer, or other
person appointed by the City Council as aforesaid, shall certify
to the correctness of said plans and specifications, and shall issue
to the owner or his agent a permit for the erection or execution
of said work.
The price to be paid by said owner or his agent for said
permit shall be as follows :
In no case less than $1.00 for buildings containing 15,000
cubic feet or less, and five cents for each 1,00o cubic feet addi-
tional. The cubic contents shall be measured to include every
part of the building from the basement floor to the highest point
of the roof if it is what is known as a flat roof, or the center be-
tween walls and ridge, if it is a pitched roof ; all projections for
bay windows and other projections shall be counted.
Sec. 26. It shall be the duty of the City Engineer or such
other person as the City Council may appoint to see that a per-
mit has been issued for every building which may be in course
of erection.
Sec. 27. All factories and flat buildings over three stories
in height, and such other buildings as the City Council may or-
der, shall have iron fire escapes, well secured to masonry; the
design and construction of same to be approved of by the City
Council and the Chief of the Fire Department.
Sec. 28. No bay windows, stoops, porches, platforms or
other obstructions, shall be so constructed as to extend over or
upon any street, highway, alley or sidewalk within the city.
Sec. 29. Any person violating any of the provisions of this
chapter, or failing to comply with any of the requirements there-
of, shall upon conviction, be fined not less than five dollars, nor.
more than one hundred dollars, and shall be imprisoned until.
such fine and costs are paid, not exceeding thirty days.
CHAPTER XXX.
AN ORDINANCE appointing a City Electrician, defining his
duties, fixing his compensation and regulating outside
constructions for electric light and power and other elec-
trical purposes.
Be it Ordained by the City Council of Dubuque :
Section r. That the office of City Electrician for the City
of Dubuque is hereby created.
Sec. 2. The City Council shall appoint some suitable per-
son to fill the office of City Electrician at the same time the
other city officers are appointed.
Sec. 3. The City Electrician shall have charge of the fire
alarm system, and shall keep the same in good working order,
and do all repairs thereon, and wind the magnet connected
therewith, and he shall inspect all electric light and power wiring
in buildings in this city before such wiring is covered, and shall
supervise all the wiring in buildings belonging to or leased by
the city, and he shall have charge and control of all electric
wires and cables for any and all purposes, whether the same are
overhead .or underground wires or cables. And he shall serve
notice upon any firm, person or corporation owning, maintain-
ing or controlling electric wires, which are too close to the fire
escape or standpipe on buildings, to remove or re -arrange the
same at a safe distance therefrom, and he shall have such other
powers and discharge such other duties as are generally con-
ferred upon or discharged by the City Electrician as are now
or may hereafter be required by ordinance.
Sec. 4. The City Electrician, as to duties pertaining to the
Fire Department, shall be under the control and direction of
the Chief of the Fire Department, and as to all other duties he
shall be under the control and direction of the City Council, and
shall perform such duties as said Council may require of him,
and charge such fees for inspection or other work as provided
by ordinance or as said Council may determine. And all fees
for inspection shall be collected by him and turned into the
Treasury of the city and a receipt therefor taken from the
Treasurer.
Sec. 5. Before entering upon the discharge of the duties
of his office he shall file a bond in the sum of one thousand
dollars, running to the city, and conditioned upon the faithful
discharge of his duties as City Electrician.
Sec. 6. The City Electrician may be removed from office
by the City Council for incompetency, neglect of duty, or for
any proper cause, and in case of such removal the City Coun-
cil shall appoint some other suitable person to fill the va-
cancy created by such removal, and the person so appointed
and confirmed shall qualify in the manner provided in Section
5 of this ordinance.
Sec. 7. Applications for permits to erect poles must be
made previous to setting any pole, and must be accompanied
by a plan indicating the proposed location of the same ; such
plan, if approved, may undergo modification in minor details,
subject to the approval of the City Electrician and Committee
on Streets. It shall not be admissable to occupy any main
92 REVISED CITY ORDINANCES.
street with poles or other supports, where it is practicable to
penetrate any district or supply the occupants of any one square
by erecting such poles and supports in the alley ways.
Sec. 8. All poles shall be straight and of sufficient height
to carry any wires placed thereon, above and clear of all ob-
structions growing out of the character of the adjoining build-
ings, or the nature of the business carried on therein. The
height of poles shall in no case be less than thirty feet and shall
be uniform except in unavoidable cases. All cross arms shall
be securely braced.
Sec. 9. The poles of a main line on any street must be
confined to one side, unless a special permit to the contrary
be granted.
Sec. io. Poles intended for use in supplying electric light
or power, must be placed, whenever possible, on the opposite
side of the street from telephone and telegraph poles. If,
however, streets or alleys are occupied on either side with
telephone and telegraph poles, the one or other may be ordered
removed to the opposite side by the City Council at the mutual
expense of said telephone or telegraph companies.
Sec. 11. Any company or person desiring to erect poles
or posts along the streets or alley ways, or public places of the
city, shall first deposit with the City Treasurer, a sum sufficient
in the judgment of the City Council, to defray the cost of re-
storing the pavements to their former condition. Poles must
not be deposited on streets more than two days previous to
their erection; (and in such manner as to not obstruct the
traffic of pedestrians.)
Sec. 12. All poles now standing or hereafter erected for
the support of any overhead wires, shall be painted such color
as the City Council may direct, and shall be marked with the
name or initials of the company owning them, at a point five
feet from the ground. If a pole be used by more than one
company, each cross arm, or if necessary, each wire shall be
marked or labelled so as to indicate the owner.
Sec. 13. Roofs or other parts of buildings must not be
used in the support of wires, without the consent of the owners
thereof properly authenticated to the City Council.
Sec. 14. All conducting wires, excepting trolley wires
for electric railways, or for telegraph or telephone lines, must
be covered with a durable water -proof insulation, embracing
not less than two coatings. Permits to string wires will be
granted only after the approval of samples submitted to the
City Electrician and Committee on Electrical . Construction;
REVISED CITY ORDINANCES. 93
and no other wires than those thus approved by sample may
be strung.
Sec. 15. Wires for electric light and power must be fast-
ened to insulated supports by insulated tie wires; the use .of.
iron tie wires is prohibited. All tie wires must have an insula-
tion equal to that of the conducting wires.
Sec. 16. All joints in wires must be secured by making
from five to seven turns on each side of cross, or by using an
improved metallic sleeve.
All joints must be insulated with not less than four layers
of durable water -proof tape, and then covered with friction
tape, which shall be fastened with a few turns of small insulated
copper wire.
Sec. 17. Wires must be tightly stretched, and never
allowed to sag to such an extent as to be capable of coming
into swinging contact with each other, or with signs or other
neighboring objects.
The spacing of poles should be so determined as.. to facili-
tate the observance of this rule.
Sec. 18. All wires should be so strung as to have a clear
space of not less than twenty feet at the point of lowest sag,
between the wires and the sidewalk or street.
Sec. 19. Overhead wires between which there is a dif-
ference of potential, must not be less than one foot apart, and
must swing clear of forcing contact between their insulated
supports.
No wires or cross arms shall be less than one foot distant
from the pole or other central support, whenever the City
Council may deem necessary for the safety of the public.
Sec. 20. Wires over roofs must be at least seven feet
above flat roofs at the point of lowest sag, and one foot above
the ridge of other roofs.
Sec. 21. Service wires from street main to where they
enter a building, must be separated by a distance of not less
than one foot on arc circuits, and by distance of not less than
six inches on low potential circuits.
Sec. 22. Whenever it shall be necessary for any electric
light or power company to carry its wires across the line of
any telephone, telegraph or other electric light or power com-
pany, it shall be at a distance therefrom of not less than three
feet. The party whose wires are underneath those of the other,
shall within five days, erect suitable guard wires to prevent
1
94 REVISED CITY ORDINANCES.
contact between the wires of the respective parties, in case of
breakage or disarrangement.
Sec. 23. Service wires must run horizontally from street
mains to buildings, except in so far as this would conflict with
the stipulation of Section 22, and then to the points of entrance.
Sec. 24. In running along walls, all wires shall be rigidly
attached to the same by non -conducting fastenings, and shall
not hang from projecting insulators in loose loops; all arc
light wires shall be placed at not less than one foot, and all
incandescent light wires at not less than six inches apart, and
whenever they approach any conducting body capable of
furnishing a ground connection, they must be rigidly secured,
and separated from the same by some approved non-conductor.
The use of porcelain knobs as insulators on the outside of
buildings is prohibited, except in dry places, where an approved
special insulation may be used on the wires.
Sec. 25. Wires must not be so placed as to render it
easily possible for water to form a connection between them.
Sec. 26. Where electric light and power wires enter a
building, they must be encased in continuous pieces of hard
insulating tubing so inclined as to oppose the entrance of
water, and the outer end of this tubing must be sealed with
some plastic insulating material, in such manner as to exclude
all moisture.
Sec. 27. When angles occur in a line subjecting the
supports to increased strain, guard irons must be placed at the
outer ends of cross arms. Guard wires must also be placed
wherever their presence would prevent telephone, telegraph
or other wires from coming into accidental contact witll
electric light wires. The cost of such guard irons and guard
wires shall be borne by the person or company making the
last construction.
Sec. 28. All guy wires, whether run by telegraph, tele-
phone or electric light companies, must be kept at a distance
of not less than six inches from electric light or power wires,
or otherwise be thoroughly insulated at points, in danger of
contact with such wires.
Sec. 29. Wires for both arc and incandescent lighting,
must enter and leave a building through a suitable and ap-
proved cut-out switch, which is to be placed on the building
or neighboring pole, in a position easily accessible to police,
firemen and inspector.
Sec. 3o. Arc lamps must be so placed as to leave a clear
REVISED CITY ORDINANCES. 95
space of not less than nine feet between the larnp and the
sidewalk.
Sec. 31. The frames and other exposed parts of arc
lamps must be well insulated from the circuit. The lamps
must be provided with globes so closed at the bottom as to
prevent the falling of sparks or carbons; broken globes must
be replaced at once.
Sec. 32. All circuits shall be provided with some ap-
proved device for declaring or detecting ground connections.
Tests for grounds shall be made at least three times each day.
When a ground connection occurs it must be found and reme-
died without delay.
Sec. 33. The insulation resistance on all circuits shall
be maintained at a standard approved by the City Council of
the City of Dubuque ; and every facility for testing circuits
shall be awarded the Electrician and his assistant.
Sec. 34. Loops, wires, poles and other supports no longer
in use, and of which there is no immediate prospect for further
use, shall be removed.
Sec. 35. Immediately after erection of any wiring, or
other out -door construction for electric light or power, the
company or person erecting the same shall notify the City
Electrician that said work is ready for inspection, and no use
shall be made of such wiring or its appurtenances for the pur-
poses aforesaid, until approved by the Electrician or Com-
mittee on Electrical Construction, appointed by the City Coun-
cil.
Sec. 36. Every lineman and lampman, shall wear a badge
in plain sight indicating his number and the company or person
by whom he is employed ; and in case of fire this badge shall
,serve as a pass to admit the wearer within the fire lines.
Sec. 37. The Fire Department of the city, shall erect in
the station of every electric light or power company, at the
latter's expense, a suitable gong connecting with the fire lines,
by which shall be indicated the location of all fires. On the
occurrance of a fire in any district in which any company has
wires, such company shall forthwith send a man prepared to
remove wires under the direction of the Fire Department.
Sec. 38. In granting permits to erect poles for purposes
of electric light or power, the Council reserves the right, if the
interests of the city so demand, to authorize other companies
or persons to use the same poles for the same purposes, upon
the payment to the owner thereof, of a proper compensation, to
be determined by agreement between the parties concerned,
or by the Council in default of such agreement. All permits
41
gs REVISED CITY ORDINANCES.
will be subject to this condition, and in accepting a permit the
applicant binds himself according thereto.
Sec. 39. The violation of any of these rules and regula-
tions of any section of this ordinance, shall subject the party
guilty of such violation, to such fines and penalties as the ordi-
nances may provide. On the refusal of any company or person
to make such alterations and repairs in their present or future
constructions as may be demanded in conformity with all sec-
tions of this ordinance, the City Electrician shall order and
execute such change and alteration at the expense of the corn-'
pany or person.
Sec. 4o. In granting permits for overhead electric con-
struction in conformity with this ordinance, the City Council
reserves the right to add or modify said ordinance by amend-
ments, and also, after due notice has been given, to order any'
or all electric wires to be placed in suitable conduits under
ground. And the failure of any company or person to comply
with any of the provisions of this chapter shall be punished by,
a fine of not less than $to nor more than $50, and imprisonment
until such fine and costs are paid, not exceeding thirty days.
Sec. 41. Every electric light and power company, and tele-
phone company shall furnish the City Council with an ap-
proved plan of electric wiring or telephone wiring, showing,
the locations of all poles and of all brackets and other sup-
ports on roofs, and shall renew such plan at the request of.
the City Council.
Sec. 42. Electric wires, apparatus, and appliances, as
used in this ordinance, shall be construed to include all electric
light, electric power, street railway, telephone, telegraph, dis-
trict telegraph, and other electric wires, apparatus, appliances,
poles, fixtures, attachments and appurtenances.
Sec. 43. When upon proper application, inspection is made
of the wiring or installation of wires for any electrical current
in any building in this city, the company or person installing
such wiring of such building, shall pay to the city for such in-
spection properly made and certificate properly issued, the
following fees:
' When wiring is for incandescent lights, fifty cents for the
first five lights or less.
$ I.00 when more than 5 and not less than 15 lights.
1.5o when more than 15 and not less than 25 lights.
2.5o when more than 25 and not less than 5o lights.
3.75 when more than 5o and not less than too lights.
5.00 when more than too and not less than 150 lights.
8.00 when more than 15o and not less than 25o lights.
Io.00 when more than 25o and not less than 500 lights.
REVISED CITY ORDINANCES.
Arc lights, one dollar each.
97
When wiring is for motor, onedollar for motors one horse.
power or less.
Two dollars when motors are more than one and not more
than three -horse power.
Three dollars when motors are more thanthree and not
more than eight -horse power:
Four dollars when motors are more than eight and not more
than fifteen -horse power.
Five dollars when motors are more than fifteen -horse
power.
Provided, that in case fees are charged under building ordi-
nance for approval of entire plans of a building or improvement,
such fees will be in lieu of fees under this ordinance.
CHAPTER XXXI.
AN ORDINANCE providing for the opening, altering and va-
cation of streets and alleys, for fixing and changing the
grades of the same, and for the condemnation of private
property for such purposes.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That whenever the City Council deem it ad-
visable to lay out, open, widen, extend or alter any street, alley
or highway in the city they shall, by resolution, direct the City
Engineer to make a survey and plat of such proposed improve-
ment, showing the land or lots through or over which the same
is .proposed to be made, the names of the owners thereof, and
the quantity of land proposed to be taken. And when such plat
is completed it shall be filed in said Engineer's office and be sub-
ject to public inspection.
Sec. 2. After such plat is thus filed the Engineer shall
give personal notice in writing to all resident owners of the
property, through or over which such improvement is pro-
posed to be made, and to all non-resident owners of such prop-
erty by publication of the notice for ten days in the official
paper of the city, that at the next session of the Council oc-
curring after the lapse of two weeks from the date of such no-
tice it willbe determined by said Council whether such pro-
posed improvement shall be made or not, and require them to
appear before said Council at that time, and show cause, if any
they have, why the contemplated improvement should not be
made. The evidence of service and of publication of such no-
tice shall be filed by the Engineer, in the Recorder's office,
where it shall be preserved.
•
i
98 REVISED CITY ORDINANCES.
Sec. 3. At the next regular session of the Council, oc-
curring after completed service of the notice above specified,
the City Council, after hearing the objections thereto, may,
if they deem it advisable, to lay out, open, widen, extend or
alter such street, alley or highway, by resolution, order the City
Recorder to issue a venire to the City Marshal or Chief of Police
and to furnish him with the names of the owners of property as
furnished and returned by the City Engineer, and commanding
him to summon a jury of twelve freeholders, citizens of said
city not directly interested, to appear at a time and place therein
stated, which shall not be less than five days from the date
thereof ; and the Marshal or Chief of Police shall also give the
persons named in such list as aforesaid, (provided they be resi-
dents of the city) notice in writing of the time and place, when
and where the jury so summoned will appear. And in case any
person named in such list so furnished to said Marshal or Chief
of Police shall be a non-resident of the city, or unknown, he
shall give such notice by publication in the official papers of
the city for at least two weeks, the last publication of which
shall be at least five days before the time fixed for the meeting
of such jury, stating the purpose for which they are summoned
and directed to such person ; and any such person not appearing
in pursuance of notice as above prescribed, shall not thereafter
be permitted to raise any objection to the jurors so summoned,
or to any assessment they may make. Any such person who
may appear in pursuance of such notice may object to any of the
jury so summoned, for any good cause shown, and the Marshal
or Chief of Police shall decide on all objections raised, but shall
not allow more than three peremptory challenges to any such
jury.
Sec. 4. That on the day so specified in the venire, the jury
so summoned shall appear at the place designated ; and if no ob-
jection is made, or if any one or more is objected to, and such
objection is overruled, or if sustained and talismen are chosen
in their places, the said jury, after being first duly sworn by the
Marshal or Chief of Police, or some officer authorized to ad-
minister oaths, shall proceed to assess the damages which any
person may sustain by reason of opening, widening, extending,
or altering such street, alley or highway, and shall return such
assessment in writing, subscribed by the jurors by whom the
same shall be made, to the City Marshal or Chief of Police, to
be by him delivered to the City Council.
Sec. 5. Whenever any street, alley or highway is proposed
to be laid out, opened, widened, extended or altered for the ac-
commodation of particular individuals, no action shall be had
under such resolution until the person or persons interested in
the opening, widening, laying out, extending or altering such
REVISED CITY ORDINANCES. 99
street, alley or highway, shall have deposited in the City Treas-
ury a sufficient sum of money fixed by City Engineer to defray
all expenses of surveying, platting, jury fees and advertising
incurred or liable to be incurred by such opening, laying out,
widening, altering or extending.
Sec. 6. That if upon examination of the report of the En-
gineer, and the assessment and estimate of the jury, the City
Council shall decide that it is expedient and necessary to lay
out, open, extend, widen or alter such street, alley or highway,
they shall pay the damages, if any, when collected, and shall pro-
cure from the owner or owners, proprietor or proprietors, deeds
of relinquishment therefor, and in case of the absence of any
such person, or other inability to procure such deed of relin-
quishment by reason of such person refusing to execute the
same, or from any other cause, the damages so awarded to any
such person shall be allowed and set apart in the City Treas-
ury, to be paid to any such person on his demanding the same
and presenting to City Council such deed of relinquishment,
which setting apart shall be equivalent to payment. And the
City Council shall thereupon proceed and, by resolution, declare
such street, alley or highway to be opened, laid out, extended,
widened or altered, as the case may be, and shall thereupon
cause a record of the plat and description thereof to be made
by the City Recorder in some suitable book for that purpose
provided, and such street, alley or highway shall thereupon be
established as a public highway in said city for public use as
other streets and highways therein.
Sec. 7. Whenever any street, alley or highway in said city
shall be laid out, opened, widened, extended or altered, it shall
be the duty of the City Recorder to make out and deliver to the
City Marshal or Chief of Police 'a copy of the order declaring
the same to be a public highway, and it shall be the duty of the
City Marshal or Chief of Police thereupon forthwith to proceed
and open the same, and in case any obstructions shall be found
therein, it shall be his duty forthwith to notify the owner or per-
son in possession, of any land or lot on which the same may be
found, to remove such obstruction within ten days, and in case
of refusal or neglect of any such person so to move the same,
the City Marshal, Chief of Police or Street Commissioner shall
proceed to remove the same.
Sec. 8. That any street or public highway in said city may
be annulled in like manner by ordinance of the City Council;
Provided, That no street, alley or highway duly established
shall be altered or annulled, until after the proposed action
thereon shall have been submitted to the City Council at two
regular sessions, nor until ten days' notice thereof shall have
been published in the city papers.
100 REVISED CITY ORDINANCES.
Sec. 9. Provided, however, that either the land owner or
the city may appeal from the assessment of the damages by the
jury aforesaid to the District Court of Dubuque County, Iowa,
within thirty days after the day the assessment is reported to
the City Council, by giving the adverse party, or if such party
is the city, its Treasurer, City Recorder and Marshal or Chief
of Police, notice in writing that such appeal has been taken ; the
City. Recorder shall thereupon file a certified, copy of so much
of the record and appraisement as applies to the part appealed
from, and said Court shall thereupon take jurisdiction thereof
and try and dispose of the same as in actions by ordinary pro-
ceedings. The land owner shall be plaintiff and the City of Du-
buque defendant.
Sec. 1o. An appeal shall not delay the opening, extending,
widening or otherwise changing the proposed street, alley or
highway, if the City shall pay or deposit with the City Treas-
urer the amount assessed and awarded by said jury; said Treas-
urer shall not pay such deposit over to the person entitled
thereto after the service of notice of an appeal, but shall retain
the same until the determination thereof.
Sec. IT. An acceptance by the land owner of the damages
awarded by the jury shall bar his right to appeal.
Sec. 12. On the trial of the appeal no judgment shall be
rendered except for costs ; the amount of damages shall be as-
certained and entered of record in court, and if no money 'has
been paid or deposited with the said Treasurer the city shalt
pay the amount so ascertained, or deposit the same with the
City Treasurer before entering upon the premises.
Sec. 13. If on the trial of the appeal the damages awarded
by the jury are increased, the city shall pay or deposit with the
City Treasurer for the use of the land owner the whole amount
o: damages awarded before further, in any manner whatever,
using or controlling the premises. And the City Marshal or
Chief of Police upon being furnished with a certified copy of
such assessment may remove said city, its agents, servants or
contractors from said premises unless the whole amount of the
assessment is forthwith paid or deposited with the City Treas-
urer for the use of said land owner.
Sec. 14. If the amount of the damages awarded by the jury
is decreased on the trial of the appeal, the amount assessed on.
the trial of such appeal only shall be paid to the land owners.
Sec. 15. That every grade hereafter agreed upon for any
street, alley, highway or avenue within said city, shall be fixed
and established by ordinance, and the profile of all grades so
fixed and established shall be filed in the office of, and kept of
record, by the City Engineer.
REVISED CITY ORDINANCES. 101
Sec. 16. Any grade heretofore established by resolution
or otherwise than by ordinance, shall be confirmed and estab-
lished by ordinance.
Sec. 17. That whenever application is made to establish
or change, or whenever the Council deems it expedient to es-
tablish or change the grade of any street, alley, highway or
avenue in the. City of Dubuque, the Council shall direct the City
Engineer to prepare from actual survey and report to the Coun-
cil a profile showing the grade proposed ; and report whether
or not a grade has been previously established on said street,
alley, highway or avenue, and if there has been, said profile shall
also show said established grade, and he shall also report
whether or not any person has made improvements on the
street, alley, highway; or avenue, or lots abutting thereon, ac-
cording to the said established grade.
Sec. 18. After said profile has been reported to the Coun-
cil, it shall either reject or accept the same.
Sec. 19. When the profile is accepted, the Council shall,
if no grade has previously been established, or if, where a grade
has been established, the Engineer reports that no person has
made improvements on the street, alley, highway or avenue, or
lots abutting thereon, according to the established grade, forth-
with cause the same to be fixed and established by an ordinance
drawn for that purpose.
Sec. 20. If any grade has been established on the street,
alley, highway or avenue and any person shall have made im-
provements thereon according to said established grade and the
proposed grade alters same in such a manner as to damage, in-
jure or diminish the value of such property so improved, the city
shall pay to the owner of such property the amount of such
damage or injury and the Council in such case shall, after ac-
cepting the profile, postpone further action upon such proposed
change until the proceedings for the appraisement of damages
are had as hereinafter prescribed.
Sec. 21. The amount of such damage or injury shall be
determined and assessed by three disinterested freeholders, one
of whom shall be selected by the Mayor, one by the owner of
the property, and one by the two so appointed. The Mayor
after his selection shall cause the Marshal or Chief of Police,
or other proper officer to notify the owner of such property to
select an appraiser and give his name to the Mayor within ten
days from the time of receiving notice. If the owner fails to
select an appraiser within ten days from the time of receiving
notice to select same, or in case of the disagreement of such
two so appointed to select another appraiser, the Mayor shall
102 REVISED CITY ORDINANCES.
so report to the Council and the Council shall select all such
appraisers.
Sec. 22. Such appraisers shall take oath to faithfully and
impartially discharge their duties, which oath shall be filed in
the office of the Recorder. They shall then give ten days' no-
tice in writing to the owner of the property affected of the time
and place of their meeting to view the premises, and make their
assessment. If the owner resides in the county such notice
shall be served by the Marshal, Chief of Police, or other proper
officer in the same manner as original notices in the district
court ; if the owner resides outside of the county or his residence
is unknown, notice shall be given by publication once a week for
three consecutive weeks in the official newspaper of the city.
Sec. 23. That in determining the question of the amount
of damage that will be caused to any abutting lot or parcel of
land by the proposed change of grade, the appraisers shall con-
sider and take into account the benefits, if any, that will result
to said real estate from such change ; and the measure of dam-
ages, if in the judgment of the appraisers, any will result there-
from, shall be the difference in value caused by the change.
Sec. 24. The appraisers shall view the premises, and, in
their discretion, receive evidence, and may adjourn from day
to day. When the appraisement is, completed, the appraisers
shall sign and return the same to the Council, which shall be
done within thirty days from the date of their selection.
Sec. 25. After the return of the appraisement the Council
may confirm or annul the appraisement, and if annulled all previ
ous proceedings shall be void and of no effect, and no further
proceedings shall be had in the matter. If confirmed an order
of confirmation shall be entered by the Recorder ; in the record
of the proceedings of the Council. The Council shall thereupon
cause the said grade as changed to be fixed and established by
an ordinance drawn for that purpose.
Sec. 26. The Recorder shall forthwith furnish the Treas-
urer with a certified copy of the confirmation of the appraise-
ment, and the Treasurer shall set apart the amount of each ap-
praisement of each owner, and pay the same to the person en-
titled thereto, and take his receipt therefor. The Treasurer
upon receiving same shall notify and, tender the sum so set
apart to the person entitled, in writing and shall preserve a copy
of said notification and tender. No alteration of grade shall be
made until the damages assessed shall have been paid or ten-
dered to the owner of the property injured or damaged.
Sec. 27. Any person interested may appeal from the order
of confirmation to the District Court of the county, by giving
REVISED CITY ORDINANCES. 103
notice thereof to the Mayor, within twenty days after the order
of confirmation is entered. On the trial of the appeal, all ques-
tions involved in the proceedings, including the amount of dam-
ages, shall be open to investigation, and the burden of proof
shall, in all cases, be upon the City to show that proceedings
are in accord with the provisions of this ordinance. The cost
of such proceedings, incurred prior to the order of confirmation
or annulment of the appraisement, shall in all cases be paid by
the city. If the person appealing recovers more damages than
were awarded by the appraisers, he shall recover the costs of the
appeal; if he recovers the same or less than the award, the costs
of the appeal shall be taxed to him.
CHAPTER XXXII.
AN ORDINANCE to provide for improving the Streets, Al-
leys, and Public Landings, and for the construction and re-
pair of Sidewalks.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That whenever a petition purporting to be
signed by the owners of a majority of the lineal front feet of the
property abutting upon or lying along any street, avenue or
alley, or any part thereof, shall be presented to the City Council,
asking that said street, avenue or alley, or any part thereof,
be paved, curbed, graveled, macadamized, or guttered, or for
the construction of permanent sidewalks thereon, the petition
shall be referred to the City Engineer to examine and report
whether the same is signed by the owners of the majority of
the lineal front feet of the property abutting or lying along said
contemplated improvement. If he shall report that a majority
of such have signed said petition, the Council may proceed by
a vote of a majority of the Council to order such improvement
to be made. And the City Council may, whenever deemed ex-
pedient, to improve by paving, curbing, graveling, macadam-
izing or guttering any street, avenue or alley in said city, or by
laying down permanent sidewalks thereon, order any such im-
provement made, without a petition therefor having been pre-
sented: Provided, The same shall be so ordered by the. affirma-
tive vote of not less than three -fourths of the whole number of
the members of said Council.
Sec. 2. If the City Council by a majority vote or by a
three -fourths vote of all the members of the Council, as pro-
vided and required by the preceding section are in favor of
making such improvement, it shall direct the City Engineer to
prepare a plat showing generally the location and nature of the
improvement and the extent thereof, and the kind of material
104 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 105
to be used, and an estimate of the entire cost thereof, and the
amount and cost of such improvement, and the amount assess-
able upon any railway or street railway company, the amount
and cost thereof to be paid by the city, if any, and the cost
thereof and amount assessed upon each lot or parcel of land
adjacent to or abutting upon such improvement per front foot,
and file such plat and estimate in the office of the City Recorder.
The. City Recorder shall thereupon publish in three consecutive
issues of a newspaper published in this city, a notice stating that
such plat is on file, the location and nature of the improvement,
kind of material to be used, and an estimate of its cost and the
time before which objections thereto can be filed and the time
fixed for hearing, which time shall be not less than five days
after the last publication of such notice. On and after the day
fixed in said notice the Council shall consider the matter of
making such improvement and consider the objections and sug-
gestions of the parties interested and determine what changes,
if any, shall be made in the plans and estimates shown and
made by such plats of the City Engineer, and if assented to by
three -fourths vote of all members of the Council, unless a peti-
tion signed by the owners of a majority of the lineal front foot
as herein specified was filed, and then by a majority vote of all
the members of the. Council, it shall be lawful and such Council
may order any street to be repaired, graveled, macadamized,
graded, curbed and paved or otherwise improved. The reso-
lution ordering such improvement shall prescribe the location
and nature of the work and kind of materials to be used and
when the work shall be completed, the manner and terms of
payment and the time when proposals for doing the work will
.be received and acted upon.
Sec. 3. All contracts for the making or re -construction of
street improvements shall be let in the name of the city to the
lowest bidder by sealed proposals, upon giving notice for at
least ten days, by two publications in a newspaper published
in said city, which notice shall state as nearly as practicable,
the extent of the work and the kind of material for which bids
will be received, when the work shall be done, the terms of pay-
ment, and the time when the proposals will be acted upon. But
all bids may be rejected and new bids ordered. All bids must
be accompanied by a certified check, payable to the order of the
City Treasurer, in a sum to be named in the notices for bids, as
security that the bidder will enter into a contract for the doing
of the work, and will give the required bond. Each contractor
for street improvements, shall execute to the city a bond with
resident or authorized fidelity company sureties, to be approved
by the City Council, conditioned, for the faithful performance
of the contract in accordance with the plans and specifications,
and as evidence of the character of the work and material, to
keep such improvement in good repair for one year after its
construction and to replace all defective material and re -con-
struct all defective work, and that in case of a breach in any
of the conditions of such bond suit may be brought therefor in
Dubuque County. The city and the person or persons to
whom such contract is awarded, shall thereupon enter into a
contract _ for the making or re -construction of such improve-
ment, and no work shall be done under such award until such
contract or a certified copy thereof shall have been filed in the
office of the Recorder.
Sec. 4. Immediately after such improvement shall be
ordered, the City Engineer shall furnish the necessary grades
and lines for such improvement, and no work on such improve-
ment shall be commenced until a grade on the streets so to be
improved, shall be adopted, and be established by the City
Council, by ordinance. If a grade has heretofore been estab-
lished by the City Council, by resolution, or in any other way
than by an ordinance, then before such work shall be com-
menced said grade shall be confirmed and established by ordi-
nance. If a street is to be improved on a grade
other than the one established, no work shall be com-
menced on such improvement, until said grade is
changed and established by ordinance, as provided in
the city ordinance relating to establishing and changing grades.
No such improvement shall be made, until after the bed there-
for shall have been graded so that such improvement when
fully completed, will bring the street up to theestablished grade
as above set forth. The tops of all curb stones hereafter set
shall correspond to the established grade of the street. The
-City Engineer shall see that the work conforms to the estab-
lished grade, and is in accordance with the ordinance or reso-
lution of the Council and shall make all estimates, plats and
schedules.
Sec. 5. That when such improvement shall be ordered by
the City Council, it shall be the duty of the City Recorder, as
soon as practicable thereafter, to cause to be served on the
managing officer of any railway or street railway company occu-
pying or about to occupy with its tracks the streets ordered to
be improved, a copy of the resolution ordering such improve-
ment ; and shall notify said railway or street railway company
to improve such portion of the street as is contemplated, speci-
fying in said notice the location and general nature of said
improvement, the extent thereof, the kind of materials to be
used, and the time when said works shall be commenced and
finished. And said notice shall require of said railway or street
railway company to designate in writing, within five days after
REVISED CITY ORDINANCES.
the service of a copy of the same on the said railway company
or street railway company, whether or not it proposes and de-
sires to do the work of improvement itself ; and that in case a
failure of said street railway company or railway company to
so designate its wishes in writing within the time specified, it
will be presumed that said railway or street railway company
does not purpose to make the improvement itself ; and the
Council will then be at liberty to make the improvement as con-
templated by law, at the expense of said railway or street rail-
way company. If the said railway or street railway company
fails to inform the City Council in writing within said five days,
that it purposes making the improvement itself, or if said rail-
way or street railway company at any time fails to make the
improvement, then such work shall be done by the city, and the
cost and expense thereof assessed upon the real estate and
personal property of such railway or street railway company.
Sec. 6. That as soon as practicable after the expiration
of the time specified in the contract within which the improve-
ment is to be completed, the Council shall make or cause to be
made, an examination of the work, and if the same be not com-
pleted or not done in the manner provided in the contract, the
Council may direct the Street Commissioner to complete the
same in the manner provided in the contract, and the expense
of completing the same shall be deducted from whatever money
may be coming to the contractor under his contract. When
the work is completed in acordance with the contract, it shall
be accepted.
Sec. 7. When such work shall have been completed, the
Council shall ascertain the cost thereof, including the cost of
the estimates, notices, inspection and preparing the assessmene
and plat, which cost (except that portion assessed against and
ordered to be paid by any railway or street railway as herein-
after provided) shall be assessed as a special tax against the
property abutting such improvement in proportion to the special
benefits conferred upon the property thereby, and not in excess
of such benefit. Such assessment shall not exceed twenty-five
per centum of the actual value of the lot or tract at the time of
levy, and the last preceding assessment roll shall be taken as
prima facie evidence of such value.
Sec. 8. The Council shall have the power to levy a tax not
exceeding three mills on the dollar for the city improvement
fund.
When the whole or any part of the cost of the making or
re -construction of any street improvement shall' be ordered paid
from the city improvement or grading fund it shall have power,
after the completion of the work, by resolution, to levy at one
time the whole or any part of the cost of said improvement
1
ir
REVISED CITY ORDINANCES.
107
upon all the .taxable property within said city, and determine
the whole percentage of taxes necessary to pay the same, and
the percentage to be paid each year not exceeding the maxi-
mum annual limit of said taxes, and the number of years not
exceeding ten, given for the maturity of each installment there-
of; but no part of the cost shall be levied against any property
owned by the city, county or state.
Sec. 9. If the special assessments which may be levied
against such abutting property shall be insufficient to pay the
cost of such improvement the deficiency shall be paid out of the
general fund, or out of the city improvement, or grading fund
provided for in Section 8 of this ordinance, and in Section 977
and sub -division two of Section 1005 of the Code, and of acts
amendatory thereof as the case may be. If there be property
owned by the city, or state or United States or other property
against which no special assessment may be levied the propor-
tion of the cost of the improvement which might otherwise be
assessed against such property shall be paid in like manner.
Sec. Io. When such assessments or installments thereof
or interest shall become delinquent as stated, the treasurer shall
cause notice to be given by publication once each week for
three consecutive weeks in some newspaper in the city, the last
of which shall be at least one week before the date of such sate,
and by posting a copy thereof at the door of the office of the
Treasurer one week before the date of such sale, that at a time
fixed in said notice, all the real estate upon which the said as-
sessments or installments thereof or interest shall be unpaid
and delinquent, will be sold at public sale at his office, which
notice shall contain the description of each separate tract to be
sold, the amount of taxes for which it is. liable, the amount of
penalty, interest, and cost thereon, and the name of the owner
if known, or the person if any, to whom it is taxable.
Sec. 11. At the time fixed in said notice the Treasurer
shall offer at public sale, and sell, at his office all such land, lots
and other property .subject to such assessment, for the payment
thereof, and such sales and the redemption certificates, deeds
and all other proceedings thereunder shall be made in the same
manner and with like effect as in sales of property for non-pay-
ment of ordinary taxes.
Sec. 12. All objections to errors, irregularities or inequal-
ities in the making of said special assessments, or in any of the
prior proceedings, or notices, not made before the Council at
the time or in the manner provided for shall be waived except
where fraud is shown.
Sec. 13. Any person affected by the levy of any of said
special assessment may appeal therefrom to the District Court
108
REVISED CITY ORDINANCES.
within ten days from the date of such levy, by serving written
notice thereof upon the Mayor or Recorder, and filing a bond
for costs to be fixed and approved by either of said officers.
Upon appeal the court shall determine all questions, including
that of benefits to the property assessed, and all questions,
touching the validity of such assessment, or the amount there-
of, and not waived. The appeal shall be tried as an equitable
action, and the court may make such assessment as should have
been made, or direct the making of such assessment by the
Council. The costs of the appeal shall be taxed as in other
actions.
Sec. 14. The term "streets," wherever used in this Ordi-
nance, shall be held to include avenues, highways, alleys and
public grounds. The term "abutting or adjacent property,"
and "property abutting on," as used in this Ordinance, shall
be held to include the easement and right of way of any railway
company located along any street, or the lands abutting on or
adjacent thereto, in the case where no property or no person,
firm or corporation, except the City of Dubuque, intervenes
between such easement or right of way and the traveled portion
of such street or highway.
Sec. 15. Whenever any improvement is ordered to be
made upon any street occupied by any railway company, or
street railway company, such company, or companies, shall, at
its own cost and expense, improve and maintain as ordered by
the City Council, a portion of said street in width three and one-
half feet each way, commencing at the center of the spaces be-
tween the rails of each track, or side track, of such company,
and also all such spaces as any company may have agreed to
improve and maintain in consideration of being granted the use
of such street, and in length, such distance as such railway, or
street railway company extends upon the portion of the street
ordered improved or repaired; the work shall be done by such
railway company, or street railway company, at the same time,
and shall be of the same material and character, and in accord-
ance with the plans and specifications adopted by the City
Council for the improvement of such street; and said railway,
or street railway company shall keep such spaces as hereinbe-
fore required to be improved and maintained by them, up to
grade and in good repair, using for such purposes the same
material with which the street occupied is paved, or such other
material as the City Council may order. On failure of any
such railway, or street railway company to elect to make or, to
make such improvements, as aforesaid, such part of such im-
provement may be included in the contract let by said city for
the improvement of the street occupied by any such railway
company, or street railway company, and the part. of the costs
REVISED CITY ORDINANCES.
109
and expenses of the improvement which should be done by any
such railway company, or street railway company, shall be
assessed against the property of such company, real or personal,
within the City.
Sec. 16. In assessing such cost of any street improvement
against the lots or parcels of ground abutting thereon, the
Council shall cause to be prepared by the City Engineer a plat
of the streets or part thereof on which the said improvement
shall have been made or re -constructed, showing the separate
lots or parcels of ground, or specified portions thereof, subject
to assessment for such improvement, the names of the owners
thereof as far as practicable, and the amount to be assessed
against each lot or parcel of ground, and against any railway
or street railway, and the City Engineer shall file said plat and
schedule in the office of the Recorder, which shall be subject to
public inspection, and after the filing of the plat and schedule
referred to the Recorder shall give ten days' notice, by pub-
lishing same three times in two newspapers published in said
city, one of which shall be the official newspaper, that such plat
and schedule are on file in the office of the Recorder, fixing
a time within which all objections thereto or to the prior pro-
ceedings must be made in writing.
Sec. 17. The Council after having heard such objections,
and having made the necessary corrections, shall by resolution
levy the special assessment shown in such plat and schedule,as
determined, corrected and approved by the City Council,
against the property abutting upon such improvement, or
against such railway or street railway.
Such assessment shall be duly entered on the tax books of
the city, and shall be then due and payable at the office of the
Treasurer, and be collected like other special taxes as provided
by ordinance.
Sec. 18. If the owner of any lot or parcel of land or rail-
road or street railway, the assessment against which is embraced
in any bond or certificate provided for in this Ordinance, shall,
within thirty days from the date of such assessment, promise
and agree in writing, endorsed on such bond or certifi-
cate, or in a separate agreement, that, in consideration
of having a right to pay his assessment in installments, as
hereinafter provided, he will not make any objection of ille-
gality or irregularity as to the assessment or levy of such
tax upon and against his property, and will pay said assess-
ment, with interest at the rate of six per cent per annum,
in installments as hereinafter provided, then such tax so
levied against the lot or parcel of land or railway or
street railway shall be payable in seven equal install-
110
REVISED CITY ORDINANCES.
ments, the first of which shall become due and payable at the
office of the City Treasurer, with interest on the whole amount
thirty days after the levy of said assessment, and the other in-
stallments shall become due and payable, with interest on the
whole amount unpaid, one at a time, annually after the date
on which the first installment becomes due and payable. Where
no such agreement is made, then the whole of such assessment
so levied shall mature at one time and be due and payable thir-
ty days after said levy of said assessment, with interest from
the date of such levy, at six per cent per annum.
Sec. 19. Such assessment, or each installment thereof,
with interest thereon, shall be paid at the office of the Treasurer.
The owner of any property against which a street improvement
assessment has been levied shall have the right to pay the same,
or the unpaid installments thereof, with all interest as the case
may be, up to the time of said payment, with any penalties and
costs of any proceedings for the sale of the property for such
special assessment or installments, at or before the time said
property is sold for taxes.- All special assessments shall be a
lien upon the property against which the same are assessed,
from the date of the resolution of the Council ordering the con-
struction or re -construction of the street improvement, or work
for which the assessments or levy are made, and shall be prior
and superior to all other liens except ordinary taxes, and shall
not be divested by any judicial sale of the property. The lien
of different special assessments shall take priority in the order
of their levy. No part of the line of any railway or street rail-
way shall be released from the lien for any part of any unpaid
assessment which has been made against it for street improve-
ment, until the whole assessment shall have been paid. If any
owner of property subject to such special assessment shall so
divide the same so that the feet fronting on such improvement
are contained in two or more lots or parcels, he may discharge
the lien upon any one or more of them, by payment of the
amount unpaid, calculated by the ratio of square feet in the area
of such lot or lots or parcel or parcels to the area of the whole
lot.
Sec. 20. The City Recorder shall immediately after the
passage of the resolution of the City Council levying said as-
sessments, make out and deliver to the City Auditor a duly cer-
tified copy of such resolution, and take his receipt therefor.
The City Auditor upon receiving the certified copy of such reso-
lution, shall forthwith enter upon the "Special Bonded Assess-
ment Book" kept by the Treasurer, the special tax so levied
by the Council, and shall charge the Treasurer therewith.
Sec. 21. It shall be the duty of the Treasurer forthwith to
give notice by one publication in the official paper of the city
F=
tai
REVISED CITY ORDINANCES.
111
that such assessment has been levied, and that in case of the,
failure of the persons or owners against whom such assessment
is made, to agree in writing within thirty days from the time
such assessment is levied that they will not make any objections
of illegality or irregularity or to the assessment or levy of such
tax upon and against their property, and will pay said assess-
ment with interest at the rate of six per cent per annum in
seven equal installments, the first of which shall become due.
and payable with interest on the whole amount, thirty days
after the levy of said assessment, and the other installments of
which shall become due and payable with interest on the whole
amount unpaid, one at a time annnually after the date on which
the first installment becomes due and payable, then the whole
of such assessment shall mature at one time and be payable
thirty days after said levy of said assessment with interest from
the date of such levy, at six per cent per annum, and that a
failure at any time to pay said assessment or the installments
thereof within thirty days after the same shall become due and
payable as prescribed by ordinance, will cause the same to be-
come delinquent and subject to collection by distress and sale.
Sec. 22. A failure to pay such assessment or any install-
ment thereof or interest within thirty days after the same be-
comes due and payable as provided in Section 17 hereof, shall
cause the said assessment, or installment thereof or interest
to become delinquent, and the property against which such
assessment has been levied may be sold for, such assessment, or
any installment thereof or interest at tax sale. The City may
be a purchaser, and be entitled to all the rights of purchaser at
tax sales, with the right to sell and dispose of the same by the
Council. The purchaser at any such tax sale shall have the
same rights as purchasers at ordinary tax sales, but shall take
the property charged with the lien of the remaining unpaid in-
stallments and interest.
Sec. 23. For the purpose of providing for the payment of
the assessed cost of any street improvement which has been or
is to be, assessed upon the property abutting thereon or adja-
cent thereto, including railways or street railways liable for the
payment thereof, the Council is authorized from time to time
as the work progresses or is completed, to make requisition
on the Mayor for the issuance of bonds or certificates, as herein
provided, in such denominations as shall be deemed best, in
anticipation of the deferred payment of the taxes, levied or to be
levied for such improvement. It shall be the duty of the Mayor
to make and execute bonds or certificates accordingly, to an
amount not exceeding the cost and expense of such improve-
ment to be actually assessed on the property liable for . the
payment of the same ; the bonds shall bear the name of the
112 REVISED CITY ORDINANCES.
street, place or district improved, which street or place shall
be particularly described in the resolution authorizing such issue
and such bonds shall be signed by the Mayor, countersigned
by the Recorder, and sealed with the corporate seal, and shall
bear the same date and be payable at the time fixed in said reso-
lution and be redeemable at any time at the option of the city,'
and shall bear interest at a rate not exceeding six per cent per
annum, payable semi-annually. The bonds shall be substanti-
ally in the following form
"The City of Dubuque, in the State of Iowa, promises to
pay as hereinafter stated, to the bearer hereof, on the
day of or at any time before that date, the
sum of $ , with interest thereon at the rate of ....per
cent per annum, payable on the presentation and surrender of
the interest coupon hereto attached. Both principal and inter-
est of this bond are payable at the Bank,
in the City of , State of This
bond is issued by the City of Dubuque pursuant to and by
virtue of the laws of the State of Iowa, and the Ordinance of
said City passed in accordance therewith, and in accordance
with a resolution of the Council of said City, duly passed on
the day of This bond is one of a series
of bonds of like tenor, date and amount, numbered from to
and issued for the purpose of defraying the cost of
improving, curbing and paving a portion of Street
or streets in said City as described in said resolution, which
cost is assessable to and levied on the property along said im-
provements, and is made by law a lien on all abutting property,
and payable in annual installments, with interest on all defer-
red payments at the rate of per cent per annum, and this
bond is payable only out of the money derived from the collec-
tion of said Special Tax, and said money can be used for no
other purpose. And it is hereby certified and recited that all
the acts, conditions and things required to be done, precedent
to and in the issuing of this series of bonds, have been done,
happened and performed, in regular and due form, as required
by said law and Ordinance ; and for the assessment, collection
and payment hereon of said special tax, the full faith and dili-
gence of said City of Dubuque are hereby irrevocably pledged.
In testimony whereof, the City of Dubuque, by its City Coun
cil, has caused this Bond to be signed by its Mayor and counter-
signed by its City Recorder with the seal of said City affixed,
this .........day of A D.,
City Recorder.
Mayor,
REVISED CITY ORDINANCES. 113
COUPON.
No$..........
On the day of the City.of Du
buque, Iowa, promises to pay to the bearer, as provided in said.
Bond, the sum of Dollars, at the Bank
in the of , being months' in
terest dueCity that day on its Improvement Bond No
dated A D.,
Mayor.
City Recorder.,
It shall be the duty of the City, its Council and Officers, to
comply with the requirements of this Ordinance in the issuance
of said said Bonds or Certificates, and to assess and levy upon
the property liable therefor the cost and expense of such im-
provement, and to collect the same, and to apply the proceeds
to the redemption of such Bonds and Certificates, and to no
other purpose ; and they shall be payable only out of the fund
derived from such assessment. The City shall not be obliged
to appropriate money from any other fund to the payment of
such Bonds or Certificates or any part of the same ; but such
Certificates, Bonds and Coupons shall not make the City liable
in any way, except for the proper application of said Special
Taxes.
Sec. 24. When such Bonds shall have been issued they
shall be delivered to the Recorder, who shall register them in a
book or books to be kept for that purpose, countersign them,
and then deliver the same to the City Treasurer or some bank
selected by the Council, which may require of the Treasurer or
bank such` security or such additional security as it may think
necessary to secure the payment in full of the proceeds thereof.
The City Treasurer shall report to the Recorder the number of
Bonds delivered by him, and the amount received therefor, or
for which credit has been given by the contractor. The Bonds
shall also be registered by the City Auditor in the Bond -Regis-
try book of the City in his office.
Sec. 25. The Bonds may be sold under direction of the
Council at public or private sale, but shall not be sold or nego-
tiated for less than their par value with accrued interest from
date to the time of delivery thereof. All the proceeds of Bonds
and Certificates negotiated shall be paid to the City Treasurer,
and shall be used only to pay for the cost of street improvements
included in the assessment or assessments pledged to the pay-
ment thereof. All money received by said Treasurer as pro-
ceeds of said Bonds or Certificates shall be kept in the same
Countersigned
1
114 REVISED CITY ORDINANCES.
manner and subject to all the regulations regarding other
money of the City, except that he $hall keep an account of each
levy of such Special Assessments, and all Interest received and
paid shall be credited and charged to such fund.
Sec. 26. All moneys received by the City Treasurer by
virtue of the provisions of this Ordinance shall be kept in a
separate fund, which shall be known as the "Street Improve-
ment Fund." An account shall be kept by the City Auditor
with the City Treasurer of all money received by the Treasurer
in said Street Improvement Fund and paid out by him for the
same. He shall report to the Council at the first regular meet-
ing in each month the condition of said fund.
Sec. 27. The Council may provide, by Ordinance, or Reso-
lution, for the issuance of Street Improvement Certificates, pay-
able to bearer, or to contractors who have constructed any
street improvement, or completed part thereof, in payment or
part payment thereof, each of which Certificates shall state the
amount of one or more Assessments or a part thereof, made
against the property, designating it, including railways and
street railways, and the owners thereof liable to assessment for
the cost of the same, and may negotiate the same. Such Cer-
tificates shall transfer to the bearer, contractor or assigns, all
the right and interest of the city in every such assessment or
part thereof described therein, and shall authorize such bearer,
contractor or assigns to collect and receive every assessment
embraced in such certificate, by or through any of the methods
provided by law for their collection, as the same may mature.
Said Certificates shall bear interest at a rate not exceeding six
per cent per annum, payable annually or semi-annually as fixed
by said Council, and may be paid by the owner of the assessed
property to the Treasurer, who shall receipt for the same and
cause the amount paid to be applied to the payment of the Cer-
tificate issued therefor. No Certificate shall be issued or nego-
tiated by the City for less than its par value, with accrued in-
terest up to the date of the delivery or transfer thereof.
Sec. 28. If any interest shall become due on any of said
Bonds when there is no ,fund from which to pay the same, the
Council shall make a temporary loan for the payment thereof,
which loan shall he repaid from the special taxes and interest
pledged to secure said Bonds, but in case of purchase by the
City at the tax sale of the property on which such tax is levied
it shall then be repaid from the General Fund.
Sec. 29. No money received from the sale of Street Im-
provement Bonds or Certificates shall be paid out except upon
the resolution of the Council ordering the same, and no reso-
lution for the delivery of any Bond or Certificate to contractors
1S
REVISED CITY ORDINANCES. 115
shall be made until the certificate of the Engineer, or other
person selected therefor, has been filed, showing that such work
has been done, or material furnished to the amount of such
order.
Sec. 30. No action shall be brought questioning the legal-
ity of any Street Improvement Certificates or Bonds from and
after three months from the time the issuance of such certifi-
cates or bonds is ordered by the proper authorities.
Sec. 31. That all sidewalks hereafter built or laid oil any
street shall be laid to the established grade, or if no grade shall
have been established, to such temporary grade as may be given
by the City Engineer, and no materials except brick, natural
or artificial stone or cement, asphalt or -iron, shall be used in
sidewalks within the fire limits of the city, and outside of such
limits, unless otherwise ordered. 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 ham-
mered 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.
Sec. 32. Curbstones shall be set on all streets sixty-four
feet wide at a distance of twelve feet from the line of the street,
so that the street between the curbstones shall be forty feet
wide, and on all other streets the curbstones shall be set at a
distance from the line of the street of one -fifth part of the whole
width of the street.
Sec. 33. Whenever the City Council shall order any side-
walk to be laid, such resolution, describing the places where
the same is to be built, the size and kind of material, and time
allowed, shall be published in one issue of a newspaper pub-
lished in such city and it shall be the duty of the Marshal or
Chief of Police to serve a notice of said order on the owner of
each of said lots or parts of any lots fronting or abutting upon
said contemplated improvements, whenethe owner can be found,
or upon his agent or the attorney for the property, if he has
any in the city. And the officer serving said notice shall make
due return of the service, upon whom service can be made; the
notice and return shall be filed with the Recorder, and by him
preserved among the records of the city. When the Marshal
or Chief of,Police has returned that no one is found upon whom
such service can be made, the publication of such resolution
herein provided for shall be held sufficient notice as to such ab-
sentee or non-resident.
Sec. 34. All such walks shall be laid in conformity with
the grade of the street, alley or avenue, (unless otherwise or-
1.16 REVISED CITY ORDINANCES.
dered), and done under the direction of the City Engineer, ac-
cording to plans and specifications furnished by him, and all
expenses of paving and laying of any sidewalk shall be borne
by the owners of the lots abutting such walks. Provided, That
the cost of sidewalks laid to temporary grade shall not exceed
the sum of sixty cents per lineal foot and may be of plank.
Sec. 35. If the owner or holder of any lot, or part of rot,
shall neglect to lay his sidewalk in conformity with the order
of the City Council, published as aforesaid, the City Engineer
shall `contract for the same to be done at the expense of the
city and when built shall make his report of the expense there-
of 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, which shall be..
a lien on the lots, and shall proceed to levy and collect the same
in the same manner as other special assessments. The City
Engineer shall let such contract to the lowest responsible bid-
der after advertising for bids for at least five days in the official,
papers of the city.
Sec. 36. That whenever it shall be deemed necessary or
expedient by the Sidewalk Commissioner of the City to repair
the sidewalk on any street, alley or avenue, or any part there-
of, within the limits of said city, said Commissioner shall give
to the owners of each or any lot abutting upon the street, alley
or avenue, where said sidewalk is to be repaired, a notice of not
less than twenty-four hours, requiring said owner or owners to
repair said sidewalk, or any portion thereof, under the direction
of said Commissioner, and in the event of his or their failing
so to do, the said Commissioner is to repair the same at the.
expense of said abutting property and owners thereof, and to
report the same to the City Council, who shall assess and fax
up the same against. said property and owners thereof.
Sec. 37. That if the owner, or owners, or agent thereof,
cannot be found in the G ty of Dubuque at the time said repairs
upon sidewalks or walks are tequired to be made, then and in
that event the Commissioner shall repair said sidewalk or walks,
or any portion thereof, without further notice, at the expense
of the abutting property and owners thereof, in the manner
as provided in the preceding section.
Sec. 38. The cost of rebuilding or repairing any sidewalk
by the city shall become a lien on the abutting lot or lots from
tine time of the passage of the resolution ordering the improve-
ment, and shall be collected as provided in Section 35 hereof.
Sec. 39. That whenever it shall be deemed necessary the
City Council may, at its discretion, by resolution, order any
REVISED CITY ORDINANCES. 117
sidewalk already laid to be taken up and removed, and wholly
re -constructed, and shall proceed and be governed by the pro-
visions relating to the laying of new walks in constructing the
same, and the collection of the costs thereof. Temporary side-
walks may be laid by resolution of the Council and when laid by
the .City the cost thereof shall be assessed as provided in Sec-
tion 777 of the Code as amended by Chapter 26 of the Twenty -
Eighth General Assembly.
Sec. 4o. In all cases where water from buildings is sought
to be conducted to the adjoining street, same shall be carried
down such building through a spout of sufficient size to prevent
an overflow of such water, and put under the sidewalk through
an iron or tile pipe laid under such sidewalk. This provision is
to apply to all such water spouts now constructed as well as to
water spouts to be hereafter constructed.
CHAPTER XXXIII.
AN ORDINANCE relating to the obstruction of Streets, Al-
leys and Sidewalks, regulating excavations therein and
providing for the removal of snow and ice therefrom.
Be it Ordained by the City Council of the City of Dubuque:
Section I. No person, partnership or corporation shall
make or causeto be made any excavation in any unpaved street
or alley without written permit from the City Engineer. All
excavations and fillings are to be done under the direction and
to the satisfaction of the Street Commissioner. The filling to
be done by thoroughly puddling the filling with water and ram-
ming the material in such manner that no settling will occur.
All paving dirt or macadam removed shall be carefully
replaced by the party making the excavation so as to leave the
surface in as near the original condition as possible.
Sec. 2. All subsequent settling of trench or pavement
shall be repaired by the party doing the work, when notified by
the city.
Sec. 3. Persons, partnerships or corporations making
such excavations must file with the City Recorder a bond in the
sum of $200, conditioned to guarantee the proper repairs, pud-
dling, tamping and work to be correctly done.
Sec. 4. Whenever any portion of any street, highway,
avenue or alley in the City is ordered paved or macadamized
by the City Council, it shall be the duty of every person, co-
partnership, corporation or company to take notice of such
order and forthwith and before any such portion of street, high-.
way, avenue or alley is paved or macademized, to make all ex-
118 REVISED CITY ORDINANCES.
cavations for gas, water, sewer, steam heating and all other
necessary connections.
Sec. 5. No person, corporation or company shall dig,
excavate, or in any manner break up any paved street, highway,
avenue or alley in said city unless such person, corporation or
company shall first have obtained a permit from the City Re-
corder as hereinafter provided.
Sec. 6. Any person, corporation or company desiring such
a permit, shall make written application for the same to the
City Recorder stating the place, extent and purpose of such
excavation, when the same will be made, and that such person,
corporation or company will furnish a money deposit as here-
inafter required.
Sec. 7. That the City Recorder may grant such permit
subject to the approval and countersigned by the Mayor.
Provided, such person, corporation, or company shall deposit
with the City Treasurer such sum of money as said City Re-
corder and Mayor shall require, to pay the cost and expense
of refilling the paving and restoration of the street, highway,.
avenue or alley to its proper condition prior to such digging
or excavation; and, provided, further, that no such permit shall
be granted when the ground is frozen to a depth of twelve inches
or more, unless in case of extreme emergency.
Sec. 8. All the work of refilling such excavations in paved
streets, and replacing the paving and restoring the street,
avenue, highway or alley to its condition prior thereto, except
as hereinafter provided, shall be done by the city under the
special supervision of the Street Commissioner, and the cost
thereof shall be deducted from the money deposited as herein -
before required, and the balance of such money, if any, shall be
repaid to the depositor by the City Treasurer upon the written
order, report and direction of the Street Commissioner, ap-
proved and countersigned by the Mayor, and not otherwise.
Sec. 9. It shall be the duty of the City Recorder to keep
a correct record of all such permits, which shall show the name
of the person, firm or company, to whom the same was issued,
the place, extent, and purpose of the excavation, when the same
is to be made, the time required to complete the same, the
amount of money deposited with the Treasurer and the date
of such permit. For the purpose of keeping and preserving
such record, he shall procure a bound book of printed blank
permits, numbered consecutively, and the stubs of which shall
he an exact copy of each permit. The Recorder shall also pro-
cure and keen on hand for the use of applicants a supply of
printed blank applications for permits, and such other blanks as
REVISED CITY ORDINANCES. 119
may be necessary. Whenever any permit shall be issued the
Recorder shall give written notice of the same to the Street
Commissioner, who shall have supervision of the work of ex-
cavation, and shall see that the same is done in all respects in
accordance with the permit granted.
Sec. io. It is hereby made the duty of the City Marshal
or Chief of Police, Sewer Inspector, Street Commissioner, and
of all the police officers of the city to take notice of any ex-
cavations being made in any of the streets, alleys, or public
places of the city, and to arrest any person or persons, engaged
in making or directing or superintending such excavations, un-
less he or they shall exhibit a written permit for the making
of the same, duly issued in accordance with the provisions of
this ordinance.
Sec. 11. Contractors with the city for the construction of
sewers, or the laying of sewer pipes, shall not be required to
make any deposit when obtaining permits for excavations, but
any moneys at any time due such contractors from the city
on their contracts, or so much as may be required to complete
the filling of the excavation and the restoration of the street or
alley, if he fails to so restore it, shall be retained by the city and
used for such purpose, and no contract for such work shall be
finally settled and paid for until the production of a written
certificate from the Street Commissioner, that the excavation
has been properly filled and the Surface of the street restored
to good condition.
Sec. 12. Whenever the Street Commissioner is notified of
the completion of any excavation on any of the paved streets,
or that a contractor mentioned in the preceding section, or any
person on an unpaved street, has failed or neglected to restore
the street to its former condition as herein required, he shall
without delay cause the excavation to be refilled and the paving
to be replaced and the street restored to its former condition,
and shall keep an accurate account of the expenses incurred by
him, which shall include the cost of water for flushing and re-
port the amount to the City Treasurer, who shall deduct, the
same from any deposit or amount due the contractor, and in
case a bond was given shall direct the City Attorney to bring
suit thereon.
Sec. 13." Every person, firm or corporation who shall make
any excavation in or create any obstruction on, any street,
alley or other public grounds, or in immediate proximity there-
to, shall keep the same protected and guarded by suitable bar-
riers and lighted by night to prevent accident or injury.
Sec. 14. No porch, window, gallery, stoop, platform, stair-
120 REVISED CITY ORDINANCES.
case or cellar way to be hereinafter erected, shall be allowed to
extend into or upon any sidewalk, and all such now erected
and located may be removed upon order of the City
Council; nor shall any sign project from any store or other
building over any sidewalk or street, more than three feet.
Sec. 15. No sign or post shall be erected or placed upon
any sidewalk, street, alley, or other public place within the city
limits; nor, if heretofore erected, shall be permitted to remain
upon any sidewalk, street, alley, or other public place, except
that suitable hitching posts may be erected under the super-
vision of the sidewalk commissioner.
Sec. 16. All awnings shall be elevated at least seven feet
at the lowest part thereof above the sidewalk, and shall be sup-
ported without posts, by iron brackets, or by iron frame -work
attached firmly to the building, so as to leave the sidewalk
wholly unobstructed thereby. All awnings heretofore erected
in a different manner shall be removed in a reasonable time
after notice.
Sec. 17. No person shall place any goods or merchandise
for sale or exhibition, upon any sidewalk, or suspend any goods
over the same for sale or show, , or place or deposit thereon,
cause or suffer the same to be done, any cask, barrel, wood,
stove, or any other article whatever, except to place, hang or
set out for sale any goods, wares or merchandise, on or over the
sidewalk, in front of and within three feet of his store or build-
ing; any person may also place or leave for a period not exceed-
ing one hour, on three feet of the outer edge of the sidewalk
in front of his store or building, any goods, wares or merchan-
dise, which he shall be in the act of receiving or delivering.
Sec. 18. No owner or occupant of any building, shall fix,
put up, or erect, or suffer the same to remain fixed, put up, or
erected, any sign, show bill, show case, canvas, or other thing
projecting from such building, or hanging over the sidewalk
more than three feet in front of and from the wall of such build-
ing.
Sec. 19. It shall be the duty of the Mayor, Marshal, Chief
of Police, or Sidewalk Commissioner, to cause any post, awning
or other obstruction erected, placed or continued on, or over
any sidewalk, contrary to the provisions hereof, to be removed,
after duenotice has been given to remove the same.
Sec. 20. No person shall drive or back any horse, wagon,
cart, or other vehicle on any sidewalk, or ride, drive or use any
horse, wagon, sledor sleigh thereon, unless it be in crossing
the same, to go into a yard or lot, when no other suitable cross-
ing or means of access is provided, under a penalty of not less
than one dollar nor more than five dollars.
REVISED CITY ORDINANCES. 121
Sec. 21. All cross -walks in the city shall be kept free of
any sleighs, wagons, carts, or carriages, horses or other animals,
being placed or suffered to stand thereon, except so far as may
be necessary in crossing the same ; and the owner or driver of
any sleigh, cart or carriage, or horses or other animals offend-
ing herein, shall be subject to a penalty of not less than two
dollars or more than twenty-five dollars.
Sec. 22. No person shall fasten any horse or team in
such a way that the horse, team, vehicle, reins or lines shall be
an obstruction to the free use of the sidewalk or cross -walk,
under a penalty of not less than one dollar nor more than eight
dollars.
Sec. 23. No person shall place, or cause to be placed upon
any of the streets, alleys, sidewalk or public squares within the
city, any wood, timber, lumber, stone, brick, lime, sand, gravel,
earth, or any other thin& for more than twelve hours without
a written permit from the Mayor. But no person shall ob-
struct any street, alley or highway with any timber, stone or
other thing so as to make, hinder or render travel thereon dan-
gerous.
Sec. 24. All trees set out along any street shall be placed
within the outer lines of the sidewalk, and within two feet of
said outer line of the sidewalk; and in no case shall the branches
of any tree extend further than eight feet beyond the curb line
into the street, and every person placing, or causing or procur-
ing to be placed, any tree contrary to the provisions of this
section shall be fined not less than one nor more than ten
dollars. All trees standing or situated on any sidewalk or along
any street of this city, shall be kept so trimmed that no limbs
or branches thereof shall be lower than eleven feet above the
surface of the sidewalk or street. It shall be the duty of the
Street Commissioner to enforce due compliance with this pro-
vision, and for that purpose he shall remove from any tree or
trees all limbs below the required height above the sidewalk, in
all cases where the owner of the abutting real estate shall after
three days' notice neglect or refuse to remove the same.
Sec. 25. No person shall injure or tear up any pavement,
side or cross -walk, drain or sewer, or any part thereof, or shall
dig any hole, ditch or drain, in any street, pavement or side-
walk without the written permission of the Mayor, nor shall
hinder or obstruct the making or repairing of any pavement,
side. or cross -walk, which is or may be made under any ordi-
nance or resolution of the City Council, and shall not hinder
or obstruct any person employed by the city, its Street or Side-
walk Commissioner, Marshal or Chief of Police, in making or
repairing any public improvement or work ordered by the
122 REVISED CITY ORDINANCES. REVISED CITY ORDINANCES. 123
Council, the Street or Sidewalk Commissioner, Marshal or Chief
of Police ; and t o person shall construct, or cause to be con-
structed or made, any sewer, vault, cistern or well, in or under
any street or alley in this city, without the written permission
of the Mayor, under a penalty of not less than ten nor more
than fifty dollars.
Sec. 26. All vaults under sidewalks in this city shall be
built of brick or stone, and the outward side of the grating or
opening into the street, shall be within one foot of the outside
of the curbstone of the sidewalk ; and all such vaults shall be
completed, and the ground and sidewalk replaced over them
within two weeks after they are commenced.
Sec. 27. No person shall, in this city, dig up or remove
any sand, earth, gravel, stone or rock, from any of the streets,
alleys, sidewalks, wharves or thoroughfares, or from any public
square, or lot or ground belonging to the city, without the con-
sent of the City Council.
Sec. 28. No person shall remove, or cause to be removed,
or shall aid or assist in removing, any building, into, along
or across any street in the city, without the written permission
of the Mayor, and shall not suffer or permit any such building
so being removed to remain in any street, alley, or public
ground for a longer time than one day after notice from the
Marshal, Chief of Police or Street Commissioner to remove the
same.
Sec. 29. No owner or occupant of any livery stable, wagon
or blacksmith shop, or other place of business, shall suffer any
wagon, cart, dray, carriage, or other vehicle, whether left for
safe keeping, repair, or otherwise, to be or remain on the side-
walk, street, or alley adjoining or fronting any such premises.
Sec. 3o. No builder or other person shall encumber or
obstruct, any street or alley with building material or other like
Material, without a written permit from the Mayor; nor shall,
except in case of urgent necessity, encumber or obstruct more
than one-third of any street or alley, or one-half of the side-
walk ; nor shall such obstruction continue in any case longer
than may be necessary in the diligent erection of such building,
or the prompt execution of the work. Immediately after the
completion of the erection or repair of any building, all build
ing materials of every description, and all rubbish or debris of
any kind remaining, or which may have accumulated on the
street, sidewalk or alley, in front or rear of the property on
which such building may be situated, shall be promptly re-
moved, and any builder or owner of such building who shall
neglect or refuse to remove such materials, rubbish or debris,
�Ir
within twelve hours after being notified to do so by the. Mar-
shal, Chief of Police or Street Commissioner, shall, on convic-
tion thereof, be fined not less than one nor more than fifty dol-
lars for each offense.
Sec. 31. No person shall make, or cause to be made, any
erection or enclosure encroaching, in whole or in part, upon
any street, alley, or sidewalk, under a penalty of not less five
dollars nor more than fifty dollars. The Street and Sidewalk
Commissioners shall have the power to institute prosecutions
for the violation of any of the provisions of this chapter.
Sec. 32. The tenant or occupant, and in case there shall
be no tenant or occupant, the owner or owners of any building
or lot of land fronting or bordering on any street, lane, avenue,
or public square in the City of Dubuque, where there is a side-
walk composed of plank, stone, brick or other material calcu-
lated for a sidewalk distinct from the street, shall after the ceas-
ing to fall of any snow thereon, or the accumulation of any ice
thereon, remove or cause to be removed the same therefrom
within ten hours after the said snow or ice may have accumu-
lated on said sidewalk, and shall keep or cause said sidewalks
to be kept clear of ice and snow.
Sec. 33. Upon the failure of the tenant, occupant or owner
to remove or cause to be removed the snow and ice as provided
by the preceding section, the city, under the direction of its
Sidewalk Commissioner, may, without notice to the tenant, oc-
cupant or owner, cause the said snow and ice to be removed
from said sidewalk, and the City Council shall assess the cost
thereof to the lot, lots or part of a lot or piece of land in front
of or abutting which said snow or ice may have been removed ;
Provided, that the amount to be assessed and taxed against said
abutting land shall be as follows : Four -foot walk or less; one
cent per lineal foot ; six-foot walk, one and one-fourth cents per
lineal foot ; eight -foot walk, one and one-half cents per lineal
foot ; ten -foot walk, one and three -fourths cents per lineal foot ;
twelve -foot walk, two cents per lineal foot. The amount as-
sessed and taxed shall be a lien on the lot or piece of land from
the time of the adoption of a resolution by the City Council
levying the same as herein provided.
Sec. 34. It is hereby made the special duty of the Sidewalk
Commissioner to enforce the provisions of this ordinance, and
he is required to make an accurate itemized monthly report to
the City Council, showing the sidewalks cleared by the city, the
date of clearing, the number of lineal feet, a description of the
lots or pieces of land abutting sidewalks, with the name of the
owner, or owners, the name of the person to be paid for doing
said work, and all other things material to a correct understand-
124 REVISED CITY ORDINANCES.
ing of what has been done under this ordinance, and the said
report shall, in the absenceof fraud shown, be presumptive evi-
dence of the facts therein stated.
Thereupon the City Recorder shall prepare a notice for the
owner or owners, with a description of the lot or piece of land
against which such special tax is proposed to be levied, which
notice shall appraise the owners of said land of the City Coun-
cil's intention to pass the resolution contemplated, and it shall
notify such owners to appear at the next regular session of the
Council to show cause, if any they may have, why a resolution
should not be passed levying such tax; such notice shall be pub-
lished once each day for a week in a newspaper printed in the
City of Dubuque, Iowa; no other or further notice shall be
necessary.
Sec. 35. The Council shall hear and determine all objec-
tions and shall then by resolution assess and levy the special tax
against every lot or piece of land found to be subject thereto
and the special assesment shall be forthwith placed in the hands
of the City Treasurer for collection, who shall enter the same
in the proper book of "Special Assessments" in his office, and
proceed to collect the same in the same manner as other special
assessments are collected.
Sec. 36. All special taxes for clearing snow or ice from
sidewalks under the provision of this ordinance shall, on the
first day of the succeeding calendar month after the levying
of the same by the City Council, if remaining unpaid, become
delinquent, and be subject to the same penalties as are provided
for non-payment of delinquent annual taxes, and with all penal-
ties accrued, shall be collected by a sale of the real estate upon
which the same had been specially levied.
Sec. 37. Any person violating any of the provisions of Sec-
tions 1, 5, 13, 14, 15, 16, 17, 18, 19, 24, 26, 28, and 29, of this
chapter, and any person failing to comply with any of the re-
quirements thereof, shall be subject to a fine of not less than
five dollars and not more than fifty dollars, and be imprisoned
until such fine and costs are paid, not exceeding thirty days.
Sec. 38. Wherever a fine or penalty is imposed in this
chapter, on failure to pay the same the person convicted may be
imprisoned until such fine, or, penalty and costs are paid not
exceeding thirty days.
CHAPTER XXXIV.
AN ORDINANCE providing for the construction and recon-
struction of Sewers -making and levying assessments
therefor —the issuance of bonds to pay for the same, and
regulating the making of connections therewith.
REVISED CITY ORDINANCES. 125
Be it Ordained by the City Council of the City of Dubuque :
Section I. Whenever a petition is presented to the City
Council asking that any sewer be constructed or reconstructed,
and said petition shall be signed by the owners of the majority
•of the linear front feet of the property abutting on such sewer,
and a majority of the owners of adjacent property benefited
thereby and liable to assessment therefor, the petition shall be
referred to the City Engineer, to examine and report whether
the same is signed by the owners of the majority of the linear
front feet of the property abutting on such improvement, and a
majority of the owners of such adjacent property. If he shall
report that a majority of such have signed said petition, the
Council may order the construction or reconstruction of such
sewer to be made as hereinafter set out.
Sec. 2. The City Council may, whenever deemed expedi-
ent, order such sewer to beconstructed or reconstructed with-
out such a petition therefor having been presented, provided the
same be so • ordered .by the affirmative vote of not less than
three -fourths of all the members of the Council.
Sec. 3.. Before the Council orders any sewer constructed
or reconstructed, it shall in a proposed resolution declare the
necessity or advisability of such sewer, stating generally the
location, general nature and extent of, and the size and kind of
materials proposed to be used in such sewer, and shall direct the
Engineer to prepare a plat and specifications showing the loca-
tion and general nature of such improvement, the extent there-
of, the size and kind of materials to be used, and to prepare an
estimate of the cost thereof, and the amount assessable upon
each lot or parcel of land adjacent to or abutting thereon, per
front foot or square foot in area, and to file such plat, specifi-
cations, and estimate in the office of the City Recorder.
Sec. 4. After such plat is filed, the City Recorder shall
cause to be published notice of the intention of the Council
to make such improvement, which notice shall be published
in three consecutive issues of the official newspaper of the city
stating that such plat is on file, and, generally the nature of the
sewer, its location, size and kind of materials to be used and the
estimate of its cost, and fixing the time before which objections
can be filed, which time shall not be less than five days after
the last publication of such notice.
Sec. 5. The Council after considering such objections, if
any be filed, shall determine what change, if any, shall be made
in the plans shown by such plat and specifications and may by
resolution order such sewer describing generally the extent of
the work, the size, and kind of materials to be used, when the
1
126 REVISED CITY ORDINANCES.
work shall be completed the terms of payment, and shall fix the
time when proposals for doing the work will be acted upon, and
order publication of notice, asking for such proposals by the
Recorder.
Sec. 6. If such sewer is so ordered by the Council the
contract for making or reconstructing same, shall be let in the
name of the city to the lowest bidder, by sealed proposals, upon
giving notice for at least ten days by two publications in the
official newspaper of the city which notice shall state as nearly
as practicable the extent of the work, and the size and kind of
materials for which said bids will be received, when the work
shall be done, the terms of payment fixed and the time the pro-
posals will be acted upon, which notice shall be given by the
Recorder. All bids must be accompanied in a separate envel-
ope with a certified check payable to the order of the City
Treasurer in a sum to be named in the notice for bids as security
that the bidder will enter into a contract for the doing of the
work and will give the bond required in the following section.
All such checks where the bid is not accepted shall be returned.
Sec. 7. At the meeting of the City Council at which bids
are to be received, such bids shall be opened and the contract
awarded, but all bids may be rejected, and new bids ordered.
The city and the person or persons to whom such contract is
awarded, shall thereupon enter into a contra -t for the making
or reconstruction of such sewer, and no work shall be done un-
der such award until such contract or a certified copy thereof
shall have been filed in the office of the Recorder. Each con-
tractor for such improvement shall give bond to the city with
securities to be approved bythe Council or board of public
orks, where such board exists for the faithful performance of
such contract, and suit on such bond may be brought in the
County of Dubuque, Iowa.
Sec. 8. For the purpose of providing for the payment of
the assessed cost of any sewer which has been, or is to be,
assessed upon the property abutting thereon or adjacent there-
to, the Council is authorized from time to time, as the work
progresses or is completed to make requisition on the Mayor
for the issuance of bonds or certificates, as herein provided, in
such denominations as shall be deemed best in anticipation of
the deferred payment of the taxes, levied or to be levied for such
sewer.
It shall be the duty of the Mayor to make and execute
bonds or certificates accordingly to an amount not exceeding
the cost and expense of such sewer to be actually assessed on
the property liable for the payment of the same; the bonds shalt
bear the name of the street, place or district in which any sewer
REVISED CITY ORDINANCES. 127
is constructed or reconstructed, which street, place or district
shall be particularly described in the resolution authorizing such
issue and such bonds shall be signed by the Mayor, counter-
signed by the Recorder, and sealed with the corporate seal, and
shall bear the same date and be payable at the time fixed in said
resolution, and be redeemable at any time at the option of the
city and shall bear interest at a rate not exceeding six per cent
per annum, payable semi-annually.
The bonds shall be substantially in the following form :
"The City of Dubuque, in the State of Iowa, promises to pay
as hereinafter stated to the bearer hereof, on the day of
or at any time before that date, the sum of $
with interest thereon at the rate of per cent per annum,
payable on the presentation and surrender of the interest
coupon hereto attached. Both principal and interest of this
bond are payable at the Bank in the City of
, State of This bond is issued
by the City of Dubuque pursuant to and by virtue of the laws
of the State of Iowa and the ordinance of said City passed in
accordance therewith, and in accordance with a resolution of
the Council of said city, duly passed on the day of
This bond is one of a series of bonds of like
tenor, date and amount numbered from to and
issued for the purpose of defraying the cost of constructing a
sewer on street in said City as described in
said resolution, 'which cost is assessable to and levied on the
property along said improvement, and is made by law a lien
on all abutting or adjacent property and payable in annual in-
stallments with interest on all deferred payments at the rate of
six per cent per annum and this bond is payable only out of
the money derived from the collection of said special tax, and
said money can be used for no other purpose. And it is hereby
certified and recited that all the acts, conditions and things re-
quired to be done, precedent to and in the issuing of this series
of bonds, have been done, happened and performed in regular
and due form as required by said law and ordinance ; and for
the assessment, collection and payment hereon of said special
tax, the full faith and diligence of said City of Dubuque are here-
by irrevocably pledged. In testimony whereof the City of Du-
buque by its City Council, has caused this bond to be signed
by its Mayor and countersigned by its City Recorder with the
seal of said city affixed this day. of A D
Mayor.
City Recorder.
128 REVISED CITY ORDINANCES.
COUPON.
No $......
On the day of the City of Du-
buque, Iowa, promises to pay to the bearer, as provided in said
bond the sum of Dollars, at the Bank,
in the City of , being months' interest
due that day on its Improvement Bond No. dated
AD.,
Mayor.
Countersigned :
City Recorder.
It shall be the duty of the city, its Council and officers to
comply with the requirements of this ordinance in the issuance
of said bonds or certificates and to assess and levy upon the
property liable therefor the cost and expense of such improve-
ment and to collect the same and to apply the proceeds to the
redemption of such bonds and certificates and to no other pur-
pose; and they shall be payable only out of the funds derived
from such assessment. The city shall not be obliged to appro-
priate money from any other fund to the payment of such bonds
or certificates or any part of the same ; but such certificates,
bonds and coupons shall not make the city liable in any way
except for the proper application of said special taxes.
Sec. 9. When such bonds shall have been issued they shall
be delivered to the Recorder who shall register ,them in a book
or books to be kept for that purpose, countersign them and de-
liver the same to the City Treasurer or some bank selected by
the Council, which may require of the Treasurer or bank such
security or such additional security as it may think necessary
to secure the payment in full of the proceeds thereof. The City
Treasurer shall report to the Recorder the number of bonds
delivered by him and the amount received therefor, or for which
credit has been given by the contractor. The bonds shall also
be registered by the City Auditor in the bond registry book of
the City in his office.
Sec. Io. The bonds may be sold at public or private sale, -
but shall not be sold or negotiated for less than their par value
with accrued interest from date to the time of delivery thereof.
All the proceeds of bonds and certificates negotiated shall be
paid to the City Treasurer and shall be used only to pay for the
cost of the sewer included in the assessment or assessments
pledged to the payment thereof.
All money received by said Treasurer as proceeds of said
bonds or certificates shall be kept in the same manner and sub-
jrect to all the regulations regarding other money of the city
1
r
REVISED CITY ORDINANCES. 129
except that he shall keep an account of each levy of such special
assessments, and all interest received and paid shall be credited
and charged to such fund.
Sec. 11. All money received by the Treasurer by virtue
of the provisions of this ordinance shall be kept in a separate
fund, which shall be known as the "Sewer Fund." An account
shall be kept by the City Auditor with the City Treasurer of all
money received by the Treasurer in said sewer fund and paid
out by him for the same. He shall report to the Council at the
first regular meeting in each month the condition of said fund.
Sec. 12. The Council may provide by ordinance or reso-
lution for the issuance of sewer certificates payable to bearer,.
or to contractors who have constructed or reconstructed.: any
sewer or completed part thereof in payment or part payment
therefor each of which certificates shall state the amount of one
or more assessments, or a part thereof, made against the ;prop-
erty designating it, and the owners thereof, and may negotiate
the same. Such certificates shall transfer to the bearer, con-
tractors or assigns, all the right and interest of the city in every
such assessment or part thereof described therein, and shall.
authorize such bearer, contractor or assigns to collect and re-
ceive every assessment embraced in such certificate by or
through any of the methods provided by law for their collection
as the same may mature. Said certificate shall bear interest at
a rate not exceeding six per cent per annum, payable annually
or semi-annually as fixed by said Council and may be paid by
the owner of the assessed property to the Treasurer who shall
receipt for the same and cause the amount paid to be applied to
the payment of the certificate issued therefor. No certificate
shall be issued or negotiated by the city for less than its par
value with accrued interest up to the date of the delivery or
transfer thereof.
Sec. 13. If any interest shall become due on any of said
bonds when there is no fund from which to pay the same, the
Council may make a temporary loan for the payments thereof,
which loan shall be repaid from the special taxes and interest
pledged to secure said bonds but in case of purchase by the city
at the tax sale of the property on which such tax is levied it shall
then be repaid from the general fund.
Sec. 14. No money received from the sale of sewer bonds.
or certificates shall be paid out except upon the resolution of
the Council ordering the same and no resolution for the delivery
of any bonds or certificate to contractors shall be made until
the certificate of the Engineer, or other person selected there-
for, has been filed, showing that such work has been done, or
material furnished to the amount of such order.
130 REVISED CITY ORDINANCES.
Sec. 15. No action shall be brought questioning the -legal-
ity of any sewer certificates or bonds, from and after three
months from the time the issuance of such certificates or bonds
is ordered by the proper authorities.
Sec. 16. That as soon as practicable after the expiration
of the time specified in the contract within which the improve-
ment is to be completed, the committee of the Council on sewers
shall make an examination of the work, and if the same be not
completed, or done in the manner provided in the contract, the
committee may direct the Street Commissioner to complete the
same in the manner provided in the contract, and the expense
of completing 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 Council for their action ;
if said committee find the work completed in accordance with
contract they shall accept the same and report so to the City
Council.
Sec. 17. When such work shall have been completed, or
such part thereof shall have been completed as under the con-
tract is to be paid for when done, the Council shall ascertain
the cost thereof, including the costs of the estimates, notices,
inspection, and preparing the assessment and plat, which cost
the Council shall then assess upon the abutting and adjacent
property in the manner hereinafter stated.
Sec. 18. In assessing the cost of making or reconstructing
of any sewer against the lots or parcels of ground abutting
thereon or adjacent thereto, the Council shall cause to be pre-
pared by the City Engineer a plat of the streets or part thereof
on which the said improvement shall have been made or re-
constructed, showing the separate lots or parcels of ground, or
specified portions thereof, subject to assessment for such im-
provement the names of the owners thereof as far as practicable
and the amount to be assessed against each lot or parcel of
ground, and the City Engineer shall file said plat and schedule
in the office of the Recorder, which shall be subject to public
inspection.
Sec. 19. After the filing of the plat and schedule referred
to in Section 18 hereof, the Recorder shall give ten days' notice,
by publishing same three times in two newspapers published
in said city, one of which shall be the official paper, that such
plat and schedule are on file in the office of the Recorder, fixing
a time within which all objections thereto or to the prior pro-
ceedings must be made in writing.
Sec. 20. The Council after having heard such objections
and having made the necessary corrections, shall by resolution
levy the special assessment as shown in such plat and schedule,
REVISED CITY ORDINANCES.
as corrected and approved by the Council, against the property
abutting upon or adjacent to such sewer.
Sec. 21. The cost or any part thereof of making or re-
constructing sewers, not in excess of three dollars perlineal
abutting
shall be assessed as a special tax against the property ab tting
On or adjacent to such sewer proportion threby and not ie n excess. of
bene-
fits conferred upon the property
such benefits. Such assessments shall not exceed twenty-five
per centum of the actual value of the lot or tract at the time of
levy, and the last preceeding assessment roll shall be taken as
prima facie evidence of such value. But in estimating the bene-
fits to adjacent property no account shall be taken of improve-
ments, and each lot or parcel of land shall be considered as
wholly unimproved. The cost of any sewer in excess of three
dollars per lineal foot shall be paid from the general fund.
Sec. 22. The Council shall have the power to levy a tax
not exceeding three mills on the dollar on the assessed valua-
tion of all property therein, for the city sewer fund to pay the
whole or any sewer within the limits of t of the cost of l said city.ng, st Wheng
gthe city
ructin, or re-
airmb a
has been divided into sewer districts the Council shall have the
power to levy a tax not exceeding five mills, on the taxable real
property in the sewer district, for the district sewer fund, to be
used to pay, in whole or in part, the cost of making or recon-
structing any sewer located in that particular district ; Provided,
that on petition of the owners of two-thirds in value of all the
taxable real estate within such sewer district for the construc-
tion
of a sewer in such district, then the maximum percentage
of taxes that can be levied in any one year shall not be limited
to five mills but shall be such percentage of the valuation of
such property as will produce at least one -tenth of the whole
cost of such sewer assessable upon the
real the cost of the in
such
district. When the whole. or any part
king
or reconstruction of any sewer shall be ordered paid from the
district or city sewer fund, the Council may after the part coof mple-
tion, by resolution, levy at one time the whole or any p
e
cost of such sewer upon all taxable real property within such
sewer district or within the city, the desatermine
and the whole
perceper-
centage of taxes necessary to pay
ge
to be paid each year, not exceeding the maximum annual lmit
of such taxes, and the number of years not exceedingten,
for the maturity of each installment ; but no the art ofyt countyf he s
shall be levied against the property owned by
or state.
Sec. 23. If the special assessments which may be levied
against such abutting or adjacent property shall be insufficient
1'31
132 REVISED CITY ORDINANCES.
to pay the cost of such sewer, the deficiency shall be paid out
of the general fund, or out of the district or city sewer fund
provided for in Section 22 of this Ordinance and in sub -division
three of Section Ioo5 and Section 978 of the Code, and Acts
amendatory thereof as the case may be. If there be property
owned by the city or state or United States or other property
against which no special assessment may be levied, the pro-
portion of the cost of the improvement which might otherwise
be assessed against such property shall be paid in like manner.
Sec. 24. When such assessment or installment thereof or
interest shall become delinquent as stated, the Treasurer shall
cause notice to be given by publication once each week for three
consecutive weeks in some newspaper in the city, the last of
which shall be at least one week before the date of such sale,
and by posting a copy thereof at the door of the office of the
Treasurer one week before the day of such sale, that at a time
fixed in said notice, all the real estate upon which the said
assessment or installments thereof or interest shallbe unpaid
and delinquent, will be sold at public sale at his office, which
notice shall contain the description of each separate tract to be
sold, the amount of taxes for which it is liable, the amount of
penalty, interest and cost thereon, and the name of the owner,
if known, or the person if any, to whom it is taxable.
Sec. 25. At the time fixed in said notice the Treasurer
shall offer at public sale, and sell, at his office all such land, lots
and other property subject to such assessment, for the payment
thereof, and such sales and the redemption certificates, deeds
and all proceedings thereunder shall be made in the same man-
ner and with like effect as in sales of property for non-payment
of ordinary taxes.
Sec. 26. All objections to errors, irregularities or inequal-
ities in the making of said special assessments, or in any of the
prior proceedings, or notices, not made before the Cottncil at
the time or in the manner provided for shall be waived except
when fraud is shown.
Sec. 27. Any person affected by the levy of any of said
special assessments may appeal therefrom to the district court
within ten days from the date of such levy, by serving written
notice thereof upon the Mayor or Recorder, and filing a bond
for costs to be fixed and approved by either of said officers.
Upon appeal the court shall determine all quetions, including.
that of benefits to the property assessed, and all questions
touching the validity of such assessment, or the amount thereof,
and not waived. The appeal shall he tried as an equitable
action, and the court may make such assessment as should have
been made, or direct the making of such assessment by the
.1
REVISED CITY ORDINANCES. 133
Council. The costs of the appeal shall be taxed as in other
actions.
Sec. 28. Every owner of any house, tenement, or out-
building occupied or used by any person or persons, which
house, tenement, or building, or any part thereof is situated
within two hundred feet of any public sewer, shall, within thirty
days from the time of receiving notice from the Board of Health
to make such connections, connect such house, tenement, or
outbuilding with such sewer, by a proper branch sewer con-
structed in accordance with the requirements of the Board of
Health, and to the satisfaction and approval of the City En-
gineer, both as to pipes and material, as well as work of con-
structing, and to use such sewer for all proper purpose, as re-
quired by the Board of Health.
Sec. 29. No person, company or corporation shall make
any connection with, or any opening into any public sewer,
without having first obtained permission to do so from the City
Engineer.
Sec. 3o. All water closets, privies, kitchen sinks or recepta-
cles for swill, slop, and waste, shall be drained into a sewer by
proper connections and proper means of washing and cleaning
the same therefor provided, to the satisfaction of the Board of
Health, in every case where a public sewer is constructed within
two hundred feet -Of the same.
Sec. 31. If any owner of any such house, tenement, out-
building, water closet, privy, or sink, shall fail to make such
sewer connections after notice as provided in Section 28 hereof,
the City of Dubuque shall have such connections made, and all
material and labor for the proper making of such connections
furnished, and shall have the right by its officers or employes
to go upon such premises for the purpose of making such con-
nections and return the cost and expense- thereof to the City
Council, and said Council shall in the method prescribed for
the assessment and collection of the cost of making permanent
sidewalks, proceed to assess the cost and expense of making
such connections against the property on or in front of which
such connections are made, and collect the same as other special
taxes.
Sec. 32. No person, company, or corporation shall con-
nect any open gutter, cesspool, privy vault or cistern, with any
public sewer or with any private sewer connecting with the
public sewer.
Sec. 33. No rain waterconductor shall be connected with
the public sewer, or with any private sewer connected with the
public sewers, except for the purpose of flushing the sewer, and
1
134 REVISED CITY ORDINANCES.
where a special permit therefor has been granted by the En-
gineer.
Sec. 34. No person, company or corporation shall injure,
break or remove any portion of any manhole, larnphole, flush -
tank, or any part of the public sewers, nor deposit in the same
any garbage, offal, filth or any substance whatever having a
tendency to obstruct the flow of sewerage.
Sec. 35. Any person, company or corporation violating
any provision of this ordinance shall be subject to a penalty of
not less than ten dollars nor more than one hundred dollars
for each and every offense.
Sec. 36. The Committee on Sewers or the City Engineer
shall have the power to stop or prevent from discharging into
the public sewers any private drain through which substances
are suffered to pass, which are liable to injure the sewers or to
obstruct the flow of the sewerage.
Sec. 37. When deemed necessary the City Council may
appoint an inspector of sewers, whose duty it shall be to see
that the sewers are kept in proper repair and in good working
order.
Sec. 38. The City of Dubuque is hereby divided into four
sewerage districts, as follows :
First —The First District shall comprise all that portion
of the City of Dubuque bounded on the east by the Missis-
sippi River, on the south by the southern boundary of Section
Twenty-five (in Township 89-2 east of the 5th P. M.), on the
north and west by the following line, including all lots or
parts of lots abutting on the west or north side of said line :
Commencing at the intersection of the southern boundary of
said Section Twenty-five and South Locust street, thence
along said South Locust street and Dodge street, thence along
said Dodge to Bluff street, thence along Bluff street to Six-
teenth street, thence along West Locust street to Seventeenth
street, thence along Seventeenth street east to the Mississippi
River, but not including any lots north of Seventeenth street
east of Clay street.
Second —The Second District shall comprise all that por-
tion of said city bounded as follows : Commencing at the in-
tersection of Seventeenth and Clay streets, thence along Clay
street to Eighteenth street, thence along Eighteenth street to
Couler Avenue, thence along Couler Avenue to Peru Road, in-
cluding all the lots or parts of lots abutting on the north and
west side of any of said streets, except lots heretofore included
in the First District, thence along Peru Road to Jackson street,
REVISED CITY ORDINANCES. 135
thence along Jackson street to Twenty-third street, thence
along Twenty-third street to Elrn street, thence along Elm
street to Sanford street, thence along Sanford street to Wind-
sor Avenue, thence along Windsor Avenue to Eagle Point
Avenue, thence along Eagle Point Avenue to Stafford Avenue,
thence along Stafford Avenue to High Bluff street, thence along
High Bluff street to Fengler street, thence along Fengler street
to Division street; thence along Division street to Reed street,
thence along Reed street to Peosta street, thence along the line
of Peosta street to Seventeenth street, thence along Seventeenth
street to its intersection with Clay street.
. Third —The Third District shall comprise all of that por-
tion of the City of Dubuque north of Reed street and east of
Division street.
Fourth —The Fourth District shall comprise all that por-
tion of the City of Dubuque not included in the First, Second
and Third Districts ; that the Fourth District of the separate
sewerage system be divided into such sub -districts as may from
time to time be ordered, made and adopted by the City Council.
CHAPTER XXXV.
AN ORDINANCE providing for the removal of surface water,
authorizing the filling and draining of land of stagnant
water, and relating to ravines, and surface drains.
Be it Ordained by the City Council of the City of Dubuque
Section I. That the City Council may at any time, by reso-
lution, order any piece of land or lot upon which water at any
time becomes stagnant to be filled to such height, or to be
drained in such manner, and within such time as the Council, in
said resolution, shall direct.
Sec. 2. It shall be the duty of the owner of such piece of
land or lot, or of his agent, after service on him of a copy of
such resolution, or after a publication for two consecutive
weeks in some newspaper of general circulation in said city, to
comply with the directions of said resolution within the time
therein specified, and in case of failure or refusal to do said
work, it may be done at the expense of the city, and the amount
of money expended therefor shall be a debt due to the city from
the owner of said property, and shall also be a lien on said piece
of land or lot from the time of the adoption of said resolution.
Sec. 3. The expense of filling any such piece of land or lot
may be levied as a special tax thereon ; said levy shall be. by
1
136 .REVISED CITY ORDINANCES.
resolution, and said tax shall be collected in the manner pro-
vided for the collection of other special taxes.
Sec. 4. The resolution levying said tax shall be published
and a hearing given, in the same manner as provided for the
assessment of the costs of building sidewalks.
Sec. 5. The City Council shall have power to require the
owner or lessee of any lot, part of a lot, or tract of ground
extending into, across or bordering on any hollow or ravine
which constitutes a drain for surface water, or a water course
of any kind, who shall, by grading or filling of such lot, part of
a lot or tract of ground, obstruct the ordinary flow of water
through such ravine or water course, to build or construct, to
the extent of such lot or filling, such a drain or passageway for
water, as the Council may by resolution designate.
Sec. 6. In all cases where the owner or lessee of any lot,
part of a lot or tract of ground extending into, across or bor-
dering on any hollow or ravine which constitutes a drain for
surface water, or water course of any kind, shall, without con-
structing a suitable drain, fill or grade said lot, part of a lot or
tract of ground so as to obstruct the flow of water through such
water course and cause such water to accumulate on any street,
alley, public place, or private lot or ground, to such an extent
as to subject such water to become stagnant, shall be considered
as having caused a nuisance, and be deemed guilty of a misde-
meanor, and, on conviction thereof, shall be punished by a fine
of not less than five dollars nor more than fifty dollars and be
imprisoned until such fine and costs are paid, not exceeding
thirty days.
Sec. 7. In addition to the penalties provided in the last
Section, in case the owner or lessee shall grade or fill any lot,
part of a lot or tract of ground extending into, across, or bor-
dering on, any hollow or ravine so as to obstruct the flow of
water, the Council shall have power, by resolution, to order
such owner or lessee to construct such a drain as said Council
shall order, and within the time to be designated by the Council
and upon such order being made, it shall be the duty of the
Street Commissioner to notify such owner or lessee, in writing,
and if such owner or lessee shall fail or refuse to construct such
drain within the time and manner required, the Street Commis-
sioner shall at once proceed to build such drain, and report the
expense thereof, with all costs arising therefrom, to the City
Council, whereupon the Council may, by resolution, levy and
assess said sum as a special tax upon the property so drained,
after giving the notice and allowing the hearing, as provided in
relation to sidewalks.
REVISED CITY ORDINANCES! 137
CHAPTER XXXVI.
AN ORDINANCE defining Offenses, prescribing the Punish-
ment thereof, and regulating the manner of prosecutions
for the same. .
Be it Ordained by the City Council of the City of Dubuque :
Section I. No person shall drive or use on any of the
paved or macadamized streets of the city any wagon, truck,
dray, cart, omnibus or baggage wagon drawn by more than one
horse or mule, unless the surface of the tires, except rubber
tires, of the wheels of such vehicle shall be at least three and
one-half inches in width, except that the tires of omnibuses and
baggage wagons may be only three inches in width. Provided,
That this Section shall not apply to vehicles bringing into the
city any kind of farm produce or used in the city for trading pur-
poses. Nor shall any person using any such vehicle, lock, or
permit to be locked, the wheels of any such vehicle, otherwise
than by means of a metal or wooden shoe at least four inches
wide, except when such vehicle is used for the carrying of per-
sons only.
Sec. 2. No two or more persons shall assemble at any
place within the city for the purpose of disturbing the peace, or
of committing any unlawful act, and shall disperse when com-
manded or requested by any peace officer.
Sec. 3. Whoever shall, be found in any street, alley or
public square of the city, intoxicated with liquor, or shall wil-
fully and maliciously disturb the peace or quiet of the city, by
making loud or unusual noises, or tumultuous threatening, or
offensive carriage, by fighting, or threatening to fight, or shall
be guilty of any other disorderly conduct, shall be subject to a
fine and punishment as hereinafter provided.
Sec. 4. No person shall at any public meeting, or other
assembly, or in any hotel, tavern, store, shop, or other place of
business or private residence, be guilty of any violent, tumult-
uous, offensive or disorderly conduct, or shall make any loud
or unusual noise or disturbance, or shall use obscene, offensive,
profane or unseemly language to the annoyance, disturbance
or vexation of others.
Sec. 5. No person shall within the city make a false alarm
of fire, or any false cry for assistance.
Sec. 6. No person shall within the city, purposely or pub-
licly make any indecent exposure of his or her person, or appear
in dress not belonging to his or her sex, or in an indecent or
lewd dress, or in a state of nudity, or be .guilty of any other in-
r
•
138 REVISED CITY ORDINANCES.
decent or lewd att or behavior, and no person shall sell, give
or offer for sale any indecent, obscene or lewd book, picture,
statue, or other like thing; or exhibit or perform any indecent,
obscene or lewd- play, exhibition, or other representation, or
shall, in any place open to public view, write, mark, draw, cut or
make any obscene, lewd or indecent word or sentence, design or
figure.
Sec. 7. No person shall indecently exhibit any stud horse,
bull, jackass, or other like animal in any public place, or shall
let any such animal, except in some enclosed place out of public
view.
Sec. 8. No person shall wilfully, maliciously or negli-
gently deface, break, destroy or injure any public property of the
state, county or city, or any private property, and no person
shall, without authority, carry away or remove, or wilfully,
maliciously or negligently deface, break, destroy or injure any
monument, tombstone, tree, shrub, railing, fence, or any other
property, article or thing belonging to any cemetery or burying'
ground within the city, or placed or erected therein for orna-
ment or otherwise, or trespass on or maltreat any grave therein,
nor wilfully, maliciously or negligently deface, break, destroy
or injure any street lamp, lamp post, telegraph post or tele-
graph wire.
Sec. 9. No person shall, without due authority, light or
extinguish any street lamp, or turn on the gas therein ; nor
climb any street lamp -post without lawful authority, or fasten
any horse or other animal thereto, or place any goods, boxes,
wood or other substance against the same, and no person shall
wilfully destroy or injure the pipes of any gas light, or water
pipe, constructed for supplying the city or its citizens with gas
or water, or shall remove or injure the cap or lid of any public
cistern.
Sec. Io. No person shall, without the consent of the owner
or occupant of the premises, fasten any horse or other animal to
any fence, railing or tree, or to any boxing placed around any
tree ; or shall wilfully, maliciously, or negligently, in any manner
injure, deface, remove, or destroy any ornamental or shade tree,
or boxing placed around the same, or any shrub, fence railing,
gate or sign, upon any public grounds, sidewalk, or private
premises, or shall tresspass on any private premises or public
grounds, and injure, carry away, or destroy any tree, fruit,
vegetable, plant, shrub, or other thing, which may be therein
for ornament or otherwise.
Sec. 11. No person shall purposely, rapidly, or immoder-
ately ride or drive any horse or mule, or other like animal, or
any team, in any street or alley in the city. And no person shall
REVISED CITY ORDINANCES. 139
drive any horse, mule or team attached to a sleigh, or other
vehicle on runners, without having suitable sleighbells on such
animals or sleigh, and no person shall leave any horse or mule,
or any team, in any uninclosed or public place, without being
fastened, guarded, or secured, so as to prevent its running away.
Sec. 12. All persons meeting each other in vehicles in
the streets, alleys, or other public place, or upon or near any
bridge, shall, unless the nature or state of the roadway or pass -
way shall render it impracticable, each turn to the right side of
the road so as to pass each other.
Sec. 13. No person shall within the city overdrive, over-
load, torture, or cruelly beat or unjustifiably injure, maim, mu-
tilate or kill any animal, or deprive any animal of necessary sus-
tenance, food or drink, or neglect or refuse to furnish it such
sustenance or drink, or cause and procure any animal to be
overdriven, overloaded, tortured, cruelly beaten or injured,
maimed, mutilated or killed, or be deprived of necessary food or
drink ; or wilfully engage in or in any manner further any act of
cruelty to any animal, or work or drive, or permit to be worked
or driven, any animal unfit for service, or carry or cause to be
carried in or upon any vehicle, any animal in an inhuman man-
ner ; and no person, being the owner or having charge of an old,
diseased, infirm or maimed animal, shall abandon such animal,
or leave it to die in the street or public road or common, or
permit it to lie there after reasonable notice.
Sec. 14. Any person, who shall unnecessarily discharge
any firearms, explode any fire crackers, or other fire works, or
throw into any street or alley, any squib, or other article con-
taining powder or other explosive material, shall be subject to
a fine of not less than one nor more than ten dollars for )each
offense; Provided, That the City Council may, by resolution,
suspend the operation of the preceding provisions of this section
in whole or in part, except that the use of fire crackers of a
length greater than four inches shall not be permitted, on the
Fourth day of July, or any other day of public rejoicing.
Sec. 15. No person shall keep, sell, or deliver any poison,
usually known or used as deadly poison, without legibly mark-
ing the name thereof, or the word "Poison" upon the phial,
wrapper, or other inclosure containing the same ; or sell or de-
liver any arsenic, strychnine, prussic acid, or other poison
usually known or used as a deadly poison, to any person without
registering the name of such person, and the kind and quantity
of the poison sold or delivered, and the purpose for which the
same was obtained ; or sell or deliver any such poison to any
person to him unknown. But the sale or delivery of any such
140 REVISED CITY ORDINANCES.
poison as medicine, upon the prescription of a practicing phy-
sician, shall not be deemed a violation of this section.
Sec. i6. No person shall sell, expose, or offer for sale,
any sick or diseased animal, poultry, or fish, to be used or
eaten for food; or the flesh of any sick, diseased, or otherwise
unwholesome dead animal, poultry, or fish; or the flesh of any'
animal, fowl, or fish, not usually used or deemed wholesome.
for food ; or any other unsound or unwholesome provisions, or
articles of food whatever; or any adulterated or pernicious milk,
drink, or liquors ; and any officer of the city shall seize, or cause
to be seized and destroyed, any such food, milk, drink, or other
provisions so .exposed or offered for sale.
Sec. 17. Any person found loitering about the streets
of the city, without any legal occupation or business, or means
of support, or who shall occupy for lodging, or any other pur-
pose, any barn, shed, shop, vessel, or place not kept for that
purpose, without permission of the owner or person entitled to
possession thereof, or shall be found in the city, loitering about
saloons, taverns, dram shops, or houses of ill -fame, or wander-
ing about the streets, either by day or night, in a suspicious
manner, or who shall have in his possession any implement
used for counterfeiting, or for the commission of burglary, or
for picking locks or pockets, or any other implement or device
used by cheats and swindlers, without being able to give a good
reason therefor, shall be fined not less than ten nor more than
fifty dollars, and be imprisoned until such fine and costs are
paid, not exceeding thirty days.
Sec. i8. No person shall keep, maintain, frequent, be an
inmate of, or connected with, or contribute to the support of
any disorderly, gaming, or bawdy house, house of ill -fame or
assignation, or any place used for the practice of fornication ;
or shall knowingly suffer or permit any premises owned or oc-
cupied by him, or under his control, to be used for any such pur-
pose.
Sec. 19. No person shall, in any street, alley, or other
public place in the city, use any profane, offensive, obscene, or
unseemly language, within the hearing of other persons, or shall,
in any house, building, or other place, use such language in such
a manner that the same may be heard by persons passing along
the streets, or shall charivari any person or persons, by blowing
horns, beating drums, kettles or pans, jingling bells, or by any
such means as are used at what is commonly called a charivari.
Sec. 20. No.person shall bathe or swim in the Mississippi
River, or in any other water course, pond or pool in the city,
between one hour before sunrise and one hour after sunset,
REVISED CITY ORDINANCES:
141
being naked or clothed insufficiently to prevent the improper
exposure of his or her person.
Sec. 21. No person shall play ball, throw stones, balls or
snow balls, or other things in any street, alley or public place
toy and
in the city ; or shoot with or use
any bow
° atapult,rorother device
pistol, air gun, cross bow, spring g
intended for shooting or throwing stones, cartridges, marbles,
slugs, arrows, nails or any other substance or thing, subject to
a fine of not less than one, nor more than five dollars.
Sec. No person of the City blast
Coun Council,rock
thenthe
only subject
without permission Y to such restrictions and regulations as may be imposed by the
Council by resolution. or under any
Sec. 23. No person shall loiter upon, against
stairway leading to any place of business or private residence
within the city except at times of public demonstrations, nor
shall any person obstruct or interfere with the free pasef
persons upon or in any stairway, entrance or other passage-
way .
leading to any place of business or private residence within
the city by standing, lying or sitting upon or in any such stair-
way, entrance or passageway, exceptat times of public demon-
strations. Any person found guilty of a violation of this sec-
tion shall be punished by a fine of not
less
than one nor until such fine and coos e
than ten dollars and be imprisoned
are paid, not exceeding thirty days.
Sec. 24. No owner, agent, lessee, trustee or landlord shall
use or keep for use, rent, hire or lease any dancing hall or other
place of public amusement unless the same is provided with at
least two water closets of sufficient size, convenience and capac-
ity to properly accommodate all who may attend such dancing
hall or other place of amusement or society hall.
Sec. 25. If any person be found on the first day of the
week, commonly called Sunday, engaged in carrying firearms,
dancing, hunting, shooting, horse racing, or in any manner dis-
turbing a worshipping assembly or private family, or in buying
or selling property of any kind, or in any labor except that
of necessity or charity, he shall be fined not more than,
five nor less than one dollar, and be irisoneoot ed until l the
thine,
with costs of prosecution, shall be paid,
rty
days ; but nothing herein contained shall be construed to extend
to those who conscientiously observe the sevent
h dayes ff the
week as the Sabbath, or to prevent sons or
om
pursuing their journey or keepers of toll bridges, toll gates,
operators of street cars, and ferrymen from attending the same.
Sec. 26. Any person or persons, who shall permit in or
142 REVISED CITY ORDINANCES.
upon any premises occupied by him, her or them, the use of any
pin alley, or the playing of any game of billiards, cards, dice,
bagatelle, or other game of skill or chance, on the Sabbath, and
any person who shall participate therein, shall be subject to a
fine of not less than five nor more than twenty dollars, and be
imprisoned until such fine and costs are paid, not exceeding
thirty days.
Sec. 27. No license issued under any ordinance of the city
shall authorize any show, exhibition, or other public amusement
on the Sabbath, and any person who shall either as proprietor,
keeper or agent be engaged in .any such show or exhibition,
or who shall take part in any such amusement on that day, shall
be subject to a fine and be imprisoned as provided in the preced-
ing section.
Sec. 28. No person shall play for money or other valuable
thing, at any game with cards, dice, checks, or at billiards, or
use any other article, or instrument, slot machine, thing or
things, whatsoever, which can or may be used for the purpose
of playing or betting upon, or winning or losing money, or any
other thing or article of value, and any person who shall bet on
any game others may be playing, shall, upon conviction thereof,
be fined not less than five nor more than fifty dollars for 'each
offense, with costs of prosecution, and be imprisoned until such
fine and costs are paid, not exceeding thirty days.
Sec. 29. No person shall keep a house or room for the
purpose of gaming therein, or suffer or permit other persons to
frequent or remain in any house or room kept, owned, occupied
or controlled by him for the purpose of gaming therein, or using
any instrument or thing mentioned in the preceding section.
Any person violating this section, shall, upon conviction, be
subject to a fine of not less than ten nor more than fifty dollars
for each offense, with costs of prosecution, and be imprisoned
until such fine and costs are paid, not exceeding thirty days.
Sec. 3o. No person or persons within the limits of the City
of Dubuque shall slaughter or procure to be slaughtered, or
sell, or offer, or expose for sale, or bring, or drive into said city
for the purpose of selling, or offering, or exposing for sale, or
slaughtering, or procuring to be slaughtered, any sick, un-
healthy, lumpy or big -jawed, or otherwise diseased cattle, sheep,
calves, lambs, swine, chickens, turkeys, geese, or other live ani-
mals or fowls, intended for consumption in said city as human
food. And any person found guilty thereof shall be fined for
each and every such offense not less than five nor more than
fifty dollars, with costs of prosecution, and imprisoned until_
fine and costs are paid, not exceeding thirty days.
.11
REVISED CITY ORDINANCES. 14:3
Sec. 31. No person or persons within the limits of the City.
of Dubuque shall sell, offer, or expose for sale, or have in his
or their possession, with intent to sell, or buy, or bargain for,
with the intention of selling again any tainted, putrid, slimy, in-
fected or diseased beef, mutton, veal, pork, fish, dressed chick-
ens, or other poultry of any kind; or the meat or flesh of any
sick, unhealthy, lumpy or big -jawed, or in any manner diseased
beeves, sheep, calves, hogs or pigs, or other animals, or fish, or
fowl intended for consumption in the City of Dubuque as human
food, and any person violating any of the provisions of this sec-
tion, shall on conviction, be fined not less than five nor more
than fifty dollars for each and every offense, with costs of prose-
cution, and imprisoned until fine and costs are paid, not ex-
ceeding thirty days.
Sec. 32. It shall be the duty of the Marshal or Chief of
Police, Policemen, and Sanitary Policeman to carry out and en-
force the provisions of the two preceding sections, and for that
purpose they shall have the right, and authority, to visit for,
examination and inspection slaughter houses, butcher shops,
meat markets, cattle yards, and other places where such ani-
mals, articles or things are kept for slaughter or sale, and in-
spect all such animals, articles or things therein and in recep-
tacles containing the same, and any person who refuses, ob=
structs, hinders or delays such inspection shall be guilty of an
offense and punished as provided in Section 31, and it shall be
no defense to the offense provided and declared in this section
that there had been no violation of either of the two preceding
sections.
Sec. 33. No person shall slaughter any animals, nor erect
or use any building for the purpose of slaughtering therein
within the original limits of the city, nor shall any person occupy
or use for such purpose any building within the city limits with-
out permission from the City Council. The City Council may
order the removal of any building erected or used for slaughter-
ing purposes only, and may order the disuse thereof when used.
contrary to the provisions hereof, and may restrict the location
of any such building within certain limits. Any person who
shall refuse to- remove or discontinue the use of any building
for the purposes aforesaid, when ordered so to do by the City
Council, and after being notified in writing of such action, shall
be subject to a fine of not less than ten dollars nor more than
one hundred dollars, and be imprisoned until such fine and costs
are paid, not exceeding thirty days.
Sec. 34. No person shall cast or leave exposed in any
street, alley, lot, common, or water course within the city, the
carcass of any animal, or any putrid or unsound meat, fish, or
REVISED CITY ORDINANCES.
other substance, or make, use, keep, or permit, in his, her or
their dwelling house, shop, store, factory, out -house, cellar, yard,
lot, or any other place within the city, any noisome or offensive
liquid, or substance injurious to the health of the citizens, or
an annoyance to the neighborhood, or throw any filth, manure,
offal, or other offensive matter, into any street, alley, lot or
water course in the city, and any person who shall refuse or
neglect to remove, on being duly notified by the city any such
offensive substance made, used, or kept by such person, shall be
subject to a fine of not less than one dollar nor more than
twenty dollars, and be imprisoned until such fine and costs are
paid, not exceeding thirty days.
Sec. 35. No person shall suffer or permit any cellar, vault,
private drain, pool, privy, sewer or grounds, upon any premises
owned or occupied by him, to become nauseous, foul, offensive,
or injurious to the public health, and shall be subject to a fine of
not less than one dollar or more than twenty dollars for each
offense, after being notified to remove the same, and be impris-
oned as in the preceding section.
Sec. 36. No owner or occupant of any soap factory, candle
factory, butcher's shop, meat packing house, livery stable or
barn, shall suffer the same to become nauseous, foul, or offen-
sive, and shall be fined not less than one dollar or more than
twenty dollars for each offense.
Sec. 37. The Mayor or any Policeman shall have full au-
thority to enter into and examine, at any time between sunrise
and sunset of each day, any building or part thereof, or any lot
or ground, which they may know or believe to be foul, offensive
or prejudicial to the public health, ,and they may direct the
cleansing of the same and the removal of all nuisances in and
about the premises by the owner or occupant thereof ; and any
person who shall resist or obstruct such officer in his duty, or
shall neglect or refuse to remove any such nuisance, when di-
rected by the City Council, shall be subject to a fine of pot less
than five nor more than twenty dollars for each offense.
Sec. 38. If at any time it shall become necessary, in conse-
quence of the neglect or refusal of any person, to remove or
abate any nuisance, that the same shall be removed or abated at
the expense of the city, the cost of such removal or abatement
shall be chargeable to the person who shall cause such nuisance,
or permit the same upon his premises, and shall be collected by
suit or otherwise, with as little delay as possible.
Sec. 39. No privy vault shall be erected hereafter within
the limits of the city unless the vault to the same be twelve feet
deep, and any privy vault erected of less than the depth afore -
REVISED CITY ORDINANCES. 145
said, shall be deemed a nuisance, which may be summarily re-
moved by the City Marshal or Chief of Police.
Sec. 40. That whenever any fire engine, hose cart or hook
and ladder conveyance is passing along any street or alley the
drivers of carriages, carts or other vehicles, the engineers of
railroad trains, and the motorneers of street cars, or other per-
sons having the same in charge, shall stop the same upon the
approach of such engine, hose cart or hook and ladder convey-
ance, and shall at all times so manage as to give the full, free
and unobstructed use of the streets and alleys to the fire de-
partment as far as possible in case of a fire or when the said de-
partment, or any of the drivers thereof are answering, or re-
sponding to an alarm of fire. Any person violating any of the
provisions of this section shall be fined not less than five dol-
lars nor more than fifty dollars.
Sec. 41. That no person or persons shall ride or drive on
bicycles or any other similar conveyance or contrivance what-
ever on or over the sidewalks of this city or through any of
the public parks or public grounds of this city.
That any person or persons who shall ride or drive on
bicycles or velocipedes or any other similar conveyance or con-
trivance whatever on or over the streets of this city shall be
governed and controlled by the following regulations :
In riding or driving on bicycles or on any other similar con-
veyance or contrivance said parties shall keep to the right side
of the streets and shall at all times so far as possible manage to
give the fr e and unobstructed use of the streets to horses, car-
riages and other like vehicles, and there shall be no racing or
fast riding on the streets.
In traveling in the night time each bicycle shall be pro-
vided with a light placed in front of the same and also with a
bell which shall be rung on the approach of any vehicle or
vehicles or horse or horses and said bell or bells shall also be
rung by said bicycle rider or riders when they are approaching
any vehicle or vehicles, or horse or horses from behind, and
said bell or bells shall be rung approaching and on every street
crossing.
That any person or persons convicted of a violation of this
section shall be fined in a sum not less than five dollars nor
more than twenty-five dollars for each offense.
Sec. 42. That the owner or owners of any boat or loco-
motive engine and the person or persons employed as engineer
or otherwise in working the engine or engines in said boat, or
in operating such locomotive, and the president, general man-
ager, superintendent, yard master, or other officer of any steam,
electric, street, or other railroad company, having charge of or
146 REVISED CITY ORDINANCES.
control over such locomotive engine, or of the power house or
houses, machine shop or shops or other building or buildings
of any such railroad company, and the engineer and fireman
having charge of or control over the engine room or boiler
house of any such company, and the owner, lessee or occupant
of any building, whether such owner be a corporation or an in-
dividual, who shall cause, permit, or allow dense smoke to issue
or be emitted from the smokestack of any such boat or loco-
motive engine, or from the chimney or chimneys, smokestack
or smokestacks of any such houses or building as aforesaid,
within the corporate limits of the City of Dubuque, or having
authority so to do, shall not prevent the emission of the same,
shall be deemed guilty of creating a public nuisance, and shall
be fined in a sum not less than five nor more than fifty dollars.
To convict under this section it shall only be necessary to
prove, in addition to the escape or emission of such dense
smoke, that the same is injurious to property, or to business,
or is an annoyance to the public.
On complaint being made against any corporation charging
a violation of this section, the Justice before whom such com-
plaint is made shall fix a time for the appearance of such cor-
poration to answer thereto, and such corporation shall be con-
sidered in court at the time so fixed ; notice thereof, signed by
the Justice, having been first served on said corporation ; and no
other or further proceedings shall be necessary to bring such
corporation into court to answer to said complaint. The notice.
herein contemplated may be served in the same manner and on
the same persons, as in case of a notice in a civil action brought
against such corporation.
It shall be the duty of the City Marshal or Chief of Police
to cause this ordinance to be enforced, and to make complaint
against and cause to be prosecuted all persons and corporations
violating the same.
Sec. 43. That it shall be unlawful for the owner, agent,
trustee, tenant, or other person having the control of lots or
parcels of real estate in the City of Dubuque, to permit the
growth and going to seed on said lots or parcels of real estate
or on the sidewalks in front of the same, of any Russian, or
Canada thistle, or thistles of any variey, or any pig weeds,
jimson weeds, smart weeds, dog fennel, wild hemp, wild mus-
tard, cockle burrs, sand burrs, burdock or any other kind or
species of noxious weeds whatever, and any such owner, agent,
trustee, tenant or other persons having the control of any lots
or parcels of land in said city, who shall permit the growth and
going to seed thereon, of the noxious weeds hereinbefore de-
scribed, or any of them, shall be deemed guilty of committing
and maintaining a nuisance, and shall be fined on conviction
REVISED CITY ORDINANCES. 147
thereof, for each and every offense, not less than one nor more
than twenty dollars, with cost of prosecution.
Sec. 44. That the City Marshal, Street Commissioner, and
other city officers having police power, are hereby specially
charged with the strict enforcement of this Ordinance.
Sec. 45. That whenever it shall come to the knowledge of
the Street Commissioner that any lot or parcel of land in the
City of Dubuque, or the sidewalk of the street or streets im-
mediately in front of the same, is either wholly or partially
covered by a growth of noxious weeds of the character de-
scribed in Section 43 of this Ordinance, it shall be the
duty of such officer to immediately notify, in writing, the owner,
agent, trustee, tenant, or other persons owning, occupying
or controlling such lot or parcel of real estate to cut,
or otherwise remove or destroy such noxious weeds
within twenty-four hours from the time of the delivery
of such written notice, and in case the owner, tenant, agent or
other persons owning, occupying or controlling such lot or real
estate, shall neglect or refuse to comply with the requirements
of such notice, within the time therein specified, it shall be the
duty of the Street Commissioner to cause suer noxious weeds
growing on such lot or parcel of real estate, or on the sidewalk
immediately fronting the same to be cut or otherwise destroyed
at the expense of the City of Dubuque, and to keep an accurate
account of the cost of the cutting and destruction of the same.
Sec. 46. That whenever noxious weeds, growing on any
lot or parcel of ground, or on the sidewalk in front of the same,
shall be cut or otherwise destroyed under the direction of the
Street Commissioner in the manner prescribed in the last pre-
ceeding section, it shall be the duty of the Street Commissioner
as soon as practicable to make a report to the City Council of
the cost of the work, showing the date of the performance of
the same, the description of the real estate, together with the
name of the owner thereof, and all other things material to a
full understanding of the proceedings taken. The Council shall
thereupon by resolution levy a special tax upon the said lot, or
lots, or parcels of real estate for the amount of the total cost of
the cutting or destruction of said weeds, as reported by the
Street Commissioner, which special tax shall be a lien on the
property until paid.
Said special assessment shall forthwith be placed in the
hands of the City Treasurer for collection, and shall draw the
same interest and be collected at the same time and in the same
manner as other city taxes.
Sec. 47. Nothing in the two last preceeding sections shall
be construed to require a previous notice to the owner, or occu-
148 REVISED CITY ORDINANCES.
pant, or other persons controlling real estate, to destroy weeds
growing thereon, or on the sidewalk fronting the same prior to•
the arrest and prosecution of any person guilty of such nuisance,
as provided in the first section of this Ordinance.
CHAPTER XXXVII.
■
AN ORDINANCE regulating prosecutions under and pro-
viding for the enforcement of the Ordinances of the City
of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section T. Actions for the violation of City Ordinances
shall be brought in the name of the State of Iowa, for the use'
of the City of Dubuque. The proceedings shall be by informa-
tion sworn to, which shall be filed with any Justice of the Peace
having his office within said City, whereupon said Justice of the
Peace shall issue a warrant for the apprehension of the accused.
Sec. 2. Warants thus issued may be served by the Mar-
shal, Chief of Police, or any policeman ; but any of said officers,
or any other officer, specially authorized by Ordinance, may
arrest any person actually found violating any Ordinance and
commit him for trial without a warrant.
Sec. 3. In any prosecution or proceeding for the viola-
tion of any Ordinance, the defendant shall not be entitled to a
trial by jury, or to a change of venue, except on appeal, but shall
be tried by the Court or Magistrate before whom the action
is commenced.
Sec. 4. Whenever a fine and costs imposed for the vio-
lation of any Ordinance are not paid, the person convicted may
be committed at hard labor until the fine and costs are paid, not
to exceed thirty days, and, in addition thereto, such fine and
costs may be collected by the issuance of an execution on such
judgment against any property of the defendant, which execu-
tion shall have the same force and effect and be executed in the
same manner as provided by law for the collection of judgments
in civil suits by execution ; and transcripts of such judgments
may be filed in the District Court of the proper county as in
civil cases, and with the same force and effect, and execution
may be issued thereon from such court.
Sec. 5. All suits for the recovery of fines, and prosecutions
for the commission of offenses made punishable as herein pro-
vided, shall be barred in one year after the commission of the
offense for which the fine is sought to be recovered or the prose-
cution is commenced, and the repeal of an Ordinance shall not
affect or prevent a prosecution for a previous violation of the
REVISED CITY ORDINANCES. 149
Ordinance repealed, provided, the prosecution is commenced
in one year from such violation.
Sec. 6. No information shall be filed in any case in which
the City Attorney shall advise against a prosecution under an
Ordinance ; and the management and the disposition of all
prosecutions or cases commenced, shall be under the control
of the. City Attorney. Whenever judgment is rendered in favor
of the city, and such judgment is fully -satisfied, the City Attor-
ney shall be authorized to enter satisfaction on the docket of
the court.
Sec. 7. Any person who shall violate or offend against any
provision of any Ordinance for the violation of which a penalty
is not otherwise provided, shall be subject to a fine of not less
than five 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 Ordinance,
further adjudge that the offender be imprisoned 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, further
adjudge that such person be kept at hard labor during the term
of imprisonment. But in no case shall the imprisonment ex-
ceed thirty days.
Sec. 8. That the City ;Marshal, Chief of Police or po-
liceman in attendance 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 prose-
cuted, and the judgment of the court rendered in each case, and
of the witnesses subpoenaed and in attendance, and the time
of service of each, and shall return such statement to the City
Auditor on the last Saturday of each month.
Sec. 9. The court before which any prosecution for the
violation of any City Ordinance may be had, shall, on the
last Saturday of each month, report to the City Council the
names of all persons prosecuted before such court, for such
violation of the ordinances, the judgment rendered by the
court in each case, the names of the witnesses subpoenaed and
in attendance, the officer making the arrest, and the officer
serving subpoenas, the time of service of each, and the pay to
which the court, and each of such persons are entitled; 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.
150 REVISED CITY ORDINANCES.
Sec. Io. Justices of the Peace, Chief of Police, Marshals
and police officers in criminal cases under the Ordinances shall
receive the fees allowed for similar services in criminal cases
under the state law, payable out of the City Treasury ; when
such officers are paid a salary, the same shall be in lieu of all
fees, and such fees when collected shall be paid into the City
Treasury. They shall make under oath a monthly report of
such fees to the City Council.
Sec. 11. That immediately upon the conviction 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 the de-
fendant will then be entitled to pay such fine or costs into court,
but if such fine or costs be not then paid, the court shall forth-
with issue a mittimus to the Marshal or Chief of Police, stating
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 return on each .mittimus of his doings thereunder, and file
the same with his monthly report.
Sec. 12. That the Mayor of the city may at any time remit
all or any portion of the punishment imp.osed for the violation
of any ordinance, but such remission shall be in writing and
addressed to the Marshal or Chief of Police, and be shall return
the same to the Auditor attached to the mittimus under which
he held the prisoner.
Sec. 13. That the basement at the east end of the Cen-
tral Market House in said City, is hereby declared to be the
City Prison of the City, and shall be so known and designated.
Said prison shall be in the keeping of such person as the Coun-
cil may appoint, but under the control and supervision of the
City Marshal or Chief of Police, and therein or in the county
jail shall be confined all persons committed for violation of the
Ordinances of the City, and all persons arrested by the police
of the City charged with offenses against the Ordinances of
the City or laws of the State ; and it is hereby made the duty
of the Marshal or Chief of Police 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 prisoner is furnished daily with as
much clean water as he shall have occasion for, either for drink
or for purpose of personal cleanliness, and with such food in
such quantity and at such times as may be prescribed by the
regulations for the government of said prison.
Sec. 14. The Mayor of the city shall make such rules
and regulations as he may think proper for the government
and management of said prison; and. shall from time to time
REVISED CITY ORDINANCES. 151
prescribe the kind of labor at which, and the place where,
within the city, prisoners sentenced to labor shall be em-
ployed. The Marshal or Chief of Police, or other persons ap-
pointed by him, shall superintend the performance of the labor
prescribed, and shall furnish at the expense of the city such tools
and materials as may be necessary for the doing of the work
prescribed, and may use such means as are necessary to pre-
vent escape ; and if such prisoner attempt to escape, or refuse
to labor, he may use the means authorized by the laws of Iowa ;
but he shall not compel any prisoner to labor more than eight
hours in any one day.
Sec. 15. Every person committed to said prison at hard
labor for the non-payment of costs, or fine and costs, shall be
credited on such fine or costs the sum of three dollars and 33 1-3
cents for each day's imprisonment; 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. 16. It shall be the duty of the officer having a pris-
oner in charge to preserve him from insult and annoyance and
communication with others while at labor and going to and re-
turning from the same, and may use such means as are necessary
and proper therefor ; and any person persisting in insulting,
annoying or communicating with such prisoner, after being
commanded by such officer to desist, shall be punished by a
fine not exceeding ten dollars, or imprisonment not exceeding
thr*e days.
CHAPTER XXXVIII.
AN ORDINANCE regulating the Sprinkling of Streets and
Public Places.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That it shall be unlawful for any person or
persons to sprinkle with water any street, or portion of any
street, or other public place, in the City of Dubuque, except
in front of premises occupied by him, or them, without hav-
ing first obtained a written permit therefor. Such permit
shall be signed by the Mayor and attested by the City Recorder,
with the seal of said city attached. The permit shall specify
accurately the block or blocks or definite portion of the street
for which the permission to sprinkle is granted; it shall also
152 REVISED •CITY ORDINANCES.
specify the period of time for which permission is given, which
shall not extend beyond the first day of January, next ensuing.
Sec. 2. No permit for the sprinkling of any street, or
portion of any street, shall be issued, unless the person or per-
sons applying for the same shall first obtain and present to
the Mayor a written request, duly signed by the majority of
the persons residing or doing business in the buildings front-
ing on both sides of the street or portion of the street proposed
to be sprinkled, asking for the granting of said permit, and
agreeing to contribute to the expense of sprinkling. When-
ever such written request shall be presented to the Mayor, it
shall be his duty to issue the permit to the person, or persons,
or firm, in whose behalf the application is made. The appli-
cation, or a copy of the same, shall be filed in the office of the
City Recorder. Before issuing the permit, the Mayor shall
be satisfied that the written request for the same herein re-
quired has been signed in good faith by a majority of the
actual occupants of the buildings fronting on the street or
portion of the street to be sprinkled, and in case of any dis-
pute or doubt in relation thereto, the Mayor shall investigate
the facts, and decide accordingly, but any person aggrieved
by his action may appeal to the Council.
Sec. 3. When a permit has been issued to any person,
or persons, for the sprinkling of any street, or part of a street,
no additional permit for the sprinkling of the same shall be
granted to any other party until the expiration of the time
specified: Provided, however, That if any person or persons
holding a sprinkling permit shall abandon the work, or fail to
perform the same in a proper manner, the City Council may
declare the permit forfeited and cancelled, and a permit may
be granted to other parties.
Sec. 4. It shall be the duty of the City Recorder to keep
a record of all permits issued under the provisions of this
Ordinance, showing the names of the persons to whom issued,
date of issue, street or part of street to be sprinkled, and period
for which granted. He shall provide a suitable book for that
purpose and the proper blanks for permits.
Sec. 5. The City Council may at any time make such
further regulations in regard to the manner of watering the
streets of the city as it may deem expedient, and may desig-
nate certain hours of the day within which the same shall be
done.
Sec. 6. Any person who shall violate the provisions of
the first section hereof, shall, on conviction thereof before any
court having jurisdiction, be fined for each offense not less than
REVISED CITY ORDINANCES. 153
one dollar nor more than twenty dollars, in the discretion of the
court, and costs of prosecution.
CHAPTER XXXIX.
AN ORDINANCE designating Standing Places for Licensed
Vehicles.
Be it Ordained by the City Council of the City of Dubuque :
Section I. Vehicles for the conveyance of passengers
may stand while waiting for employment at the following
places : On each side of Second and Third Streets, and at the
Lorimier House, and the City Hall ; also at all railroad depots
fifteen minutes previous to the arrival of all trains, and at all
theatres, churches and other places of amusement or entertain-
ment twenty minutes before the conclusion of any performance.
Sec. 2. Drays, wagons and other vehicles used for the
purpose of carrying articles of property -for hire, from one
place to another, may stand while waiting for employment at
the following places : On each side of Second, Sixth and
Seventh Streets, and at the City Hall; also at all railroad de-
pots fifteen minutes previous to the arrival of all trains.
Sec. 3. The owner or driver of any vehicle, for the con-
veyance of passengers or for carrying articles of property for
hire, who shall wait upon the streets for employment, at any
other place than as herein provided, shall be subject to a fine
of not less than one, nor more than ten dollars for each and
every offense.
Sec. 4. The owner or driver of any vehicle for the con-
veyance of passengers, or for carrying articles of property for
hire, who shall wait for employment upon any part of Main
Street, or who shall drive his vehicle while upon Main Street
at a rate of speed of less than three or more than six miles per
hour ; or who shall solicit and search for employment while
driving along Main Street ; or who shall at any time obstruct
the public travel on Main Street; shall be subject to a fine of
not less• than one dollar, nor more than ten dollars for each
offense.
CHAPTER XL.
AN ORDINANCE establishing and designating Public Parks.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That all that certain tract or parcel of ground
in the City of Dubuque, bounded as follows, to -wit : On the
east by Iowa Street, on the south by Fifteenth. Street, on the
154 REVISED CITY ORDINANCES.
'West by Main Street, and on the north by Lot No. 745, as
shown upon the official plat of the Town of Dubuque by the
United States, be, and the same is hereby reserved, 'dedicated
and established as a public park to be known as "Jackson Park,"
for the use and benefit of the said City of Dubuque and inhabi-
tants thereof forever.
Sec: 2. That -the public ground situated immediately north
of Fifteenth Street, and between Locust and Bluff Streets, in
the City of Dubuque, is hereby named and shall be hereafter
known and designated as "Grant Park."
Sec. 3. That the Public Square, bounded on the east by
Locust Street, on the south by Sixth street, on the west by
;Bluff Street, and on the north by Seventh Street is hereby
named and shall be hereafter known as "Washington Park.
Sec. 4. That the Public Park bounded on the east by
South Main Street, on the south by Jones Street, and on the
west by West Main Street is hereby named and shall hereafter
be known as "Phoenix Park."
Sec. 5. That the said parks shall be reserved and ap-
propriated solely as places of public resort and recreation.
Sec. 6. That all public parks shall be under the special
care of the Park Custodians, whose duty it shall be to see that
the same are properly protected from injury, and to carry out
and execute the orders and resolutions of the City Council in
reference thereto.
Sec. 7. That it shall be unlawful for any person to use
any public park for any purposes other than those to which
they are herein dedicated, or to cut, injure, or deface in any
way any tree, shrub or plant, or any railing, or other work of
ornament or use, or to dig up the surface of the ground, or to
turn within said parks any animal to feed or remain therein, or
to disfigure said parks or any part thereof in any manner. Any
person guilty of violating any provisions of this section, shall,
upon conviction, be fined in any sum not less than two dollars
nor more than twenty dollars for each and every offense, or be
imprisoned until the fine and costs are paid, not exceeding
thirty days.
CHAPTER XLI.
AN ORDINANCE providing for the Execution of Contracts
by the City.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. All deeds, releases, contracts and conveyances
on behalf of the city, shall be made in the name of the City of
sa
REVISED CITY ORDINANCES. 155
Dubuque, and shall be signed by the Mayor, or in his absence,
by the President Pro Tem, and attested by the Recorder, and
with the Corporate Seal of the City, and when required by law
to be acknowledged, the Mayor or President Pro Tem shall
acknowledge the same.
CHAPTER XLII.
AN ORDINANCE to restrain Cows, Horses, and other Ani-
mals from running at large.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That on and after July 1, 1886, all horses,
mules, asses, cattle, swine, goats, sheep, ducks and geese, are
prohibited from running at large in any street, alley, public
square, or landing, or unenclosed place within the city limits.
It shall be the duty of the City Marshal to procure or establish
a pound at some convenient place in the city, and to there de-
tain and secure all such animals or fowls which shall be found
so running at large ; and any person who shall in any manner
obstruct or resist the Marshal or those assisting him in the
enforcement of the Ordinance, or who shall break, injure, or
open such pound, or attempt to release any animal or fowl
confined therein, shall, on conviction, be fined in a sum not less
than five nor more than fifty dollars. Provided, That the fore-
going provisions of this section shall not apply to the following
portions of the city, to -wit :
All of the territory lying east of the tracks of the Chicago,
Milwaukee and St. Paul railway north of Eleventh Street ; all
of Section .Fourteen, and the west half of Section Twenty-three,
Town 89, Range 2 east ; all territory west of the west line of
Grandview Avenue extending due north to the south line of
Section Twenty-three ; also, all south of Southern Avenue and
west of Grandview Avenue, and south and west of Fremont
Avenue and north of the Cascade Road.
Provided, further, That all animals specified in the first
section hereof are prohibited from running at large in any
parts of the city from 7 o'clock P. M. to 7 o'clock A. M.; and
any animal therein specified found running at large between
the hours above named shall be distrained, secured and detained
in the manner provided it said section, and only released on
the payment of the fees specified in Section Three of said Ordi-
nance.
Sec. 2. That all swine, ducks, and geese taken up and con-
fined in said pound, and not redeemed by the owners thereof
within twenty-four hours thereafter, shall be sold at public
auction to the highest bidder for cash, public notice of said sale
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156 REVISED CITY ORDINANCES.
having been first given by written notice thereof and posted at
the front door of the City Hall, and in two other places within
the city for two days before said sale, and all other animals
herein prohibited from running at large and taken up and con-
fined in said pound, if not redeemed within five days after such
taking up, shall be sold at public auction to the highest bidder,
public notice of the time and place of said sale being first given
by publishing the same for five consecutive days, with proper
descriptions of such animals, in the official paper of the city.
The proceeds of such sale shall be paid into the City Treasury,
after deducting therefrom the costs of keeping and sale. If
the owner or owners of any animal impounded shall, before sale,
prove ownership and pay charges of taking, keeping and ad-
vertising, the animals shall be released; if such ownership shall
be proved within one month after sale, the Marshal or Chief of
Police shall certify to the Recorder the amount received for
such animal or animals and paid into the Treasury, and on pre-
sentation of such certificate the Recorder shall draw an order
on the Treasury for the amount in favor of such owner.
Sec. 3. The City Marshal shall be entitled to demand fees
for animals impounded, as follows : For each pig or hog, 25
cents; for each goose or duck, Io cents; for each other animal
herein named, $I.00; for posting notices for sale, 25 cents; and
for cost of keeping, as follows : Per day for pig or hog, Io
cents; per day for each goose or duck, 5 cents; per day for each
other animal herein named, 5o cents.
Sec. 4. The City Marshal or Chief of Police is expressly
charged with, and shall be held responsible for, the enforcement
of this Ordinance. He shall have control and direction of the
person acting as Poundmaster, and whenever in his discretion
necessary he may discharge him and appoint another in his
place. He may also, if necessary to the proper enforcement
of the provisions of this Ordinance, temporarily employ one
or more additional persons to aid him in the discharge of the
duties hereby imposed on him. Such• person or persons shall
be over twenty-one years of age, and of good character and
habits. The Poundmaster and other assistants hereby author-
ized to be employed by the Marshal or Chief of Police shall,
while in the discharge of their duties under this Ordinance, have
the power and authorityof a policeman of the city, and may
arrest with or without warrant any person who may obstruct,
resist, or in any manner interfere with them in the discharge
of their duties. The Marshal or Chief of Police may at any
time detail one or more of the regular police to assist him in
the enforcement of this Ordinance.
REVISED CITY ORDINANCES. 157
CHAPTER XLIII.
AN ORDINANCE to provide for the Registration of Births,
Deaths, Burials, and Contagious Diseases.
Be it Ordained by the City Council of the City of Dubuque :
Section r. That every physician, midwife, nurse, house-
holder, or other person under whose care or supervision any
child may be born within the jurisdiction of this city, shall re-
port the fact of said birth to the City Recorder within forty-
eight hours of the occurrence of the same in the manner and
form prescribed in Blank No. I, particular care being taken by
the person so reporting to name the street, the number of the
domicile, the ward, the name and nationality of the parents, the
sex of the child, and the other facts connected with the birth
aforesaid and which are referred to on the aforesaid Blank
No. I.
Sec. 2. Every physician, or other person, having charge of
or treating any person who shall die within this city, shall,
within twelve hours after said death report the same in writing
to the City Recorder, with the name, date, and cause of death,
in the manner prescribed in Blank No. 2.
Sec. 3. No burial permit shall be issued by the Recorder
until after the proper death certificate shall have been deposited
with him ; and before issuing a burial permit on a death cer-
tificate signed by any other than a physician, except certifi-
cates of death of the newly -born signed by midwives, and those
signed by the Coroner, said certificates shall be referred to the
Physician of the Board of Health, who shall, upon investigation,
direct the Recorder in relation thereto.
Sec. 4. Every sexton, or custodian of a cemetery, before
receiving for burial any corpse, shall first receive from the
undertaker or other person bringing said corpse for burial, a
burial permit from the City Recorder, and shall return the same
to him properly endorsed with his signature, within ten days,
after the manner and form prescribed in Blank No. 3.
Should the undertaker or other person in charge of a
corpse, by accident or mistake, have failed to procure the neces-
sary permit from the City Recorder, the sexton or custodian
of the cemetery may receive the body for interment. Said
sexton or custodian shall procure the permit required, and re-
turn the same and report the facts in writing to the City Re-
corder, within two days.
Sec. 5. Every railroad, steamboat, ferry, transportation,
or other company, and every other person, before removing
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158
beyond the jurisdiction of this city the corpse of any person
who may have died, or may have been buried within the juris-
diction of thiscity, shall first obtain from the City Recorder a
permit, in the manner and form prescribed in Blank No. 3..
Sec. 6. Every physician, midwife, nurse, householder, or
other person, having the care of any case of cholera, small-
pox, diphtheria, hydrophobia, measles, scarlet, spotted, typhoid,
typhus, or yellow fever, or other contagious diseases, shall re-
port the same, within twelve hours after acquiring a knowledge
thereof, to the City Recorder, in the manner and form pre-
scribed in Blank No. 4, together with such other information
as may be required by the Bpard of Health, and upon the re-
covery of such cases shall report said recovery to the City
Recorder, in the manner and form prescribed in Blank No. 5.
Sec. 7. That the said City Recorder shall, in the month
of March, report to the City Council a statement of the number
of births and deaths recorded during the previous year, and
such other information and suggestions in relation thereto as
he may deem useful, and shall also make such report to the
City or State Board of Health whenever requested by them.
Sec. 8. That any person or persons convicted of a viola-
tion of this Ordinance shall be fined in a sum not less than five
or more than one hundred dollars for each offense, and impris-
oned until such fine and costs are paid, not exceeding thirty
days.
REVISED CITY ORDINANCES.
CHAPTER XLIV.
AN ORDINANCE relating to the numbering of houses.
Be it Oidained by the City Council of the City of Dubuque:
Section i. The owners of improved property, or property
having erected thereon any building, shall cause their property
fronting upon the public streets and avenues within the cor-
porate limits of the City of Dubuque to be numbered as here-
after prescribed.
Sec. 2. The owner of every building, residence, or store
within the said corporate limits of the City of Dubuque shall
have conspicuously fixed on their buildings, residences, or
stores, on or over the front or main door or entrance thereto,
the number of their buildings, residences, or stores.
Sec. 3. The owners of every building, residence, or store
erected within the corporate limits of the said city, shall, with-
in ten days after said building, residence, or store shall have
been used or occupied, or shall have been completed for use or
REVISED CITY ORDINANCES.
159
occupancy, obtain from the City Engineer and have conspicu-
ously placed upon or over the front or main door or entrance.;
thereof the number of said building, residence, or store.
Sec. 4. The number placed upon buildings, residences, or
stores, as prescribed in the foregoing sections, may be of metal
or wood, or may be painted upon metal or glass, but in every
case the numbers must.be at least two and one half inches in
height ; and if painted, shall be of durable and legible character ;.
and no numbering done or attempted to be done in numbers or
figures of a less size than that herein prescribed shall be re-
garded as complying .with the provisions of this Ordinance.
Sec. 5. Any person who shall violate the provisions of the
foregoing sections of this Ordinance, or who, having once com-
plied therewith, shall suffer or permit his or her building, resi-
dence, or store, to remain for the space of twenty days without
such number placed conspicuously thereon, as directed in the
second, third, and fourth sections of this Ordinance, shall be
guilty of ,a misdemeanor, and on conviction thereof, shall be
punished by a fine of not less than one nor more than one hun-
dred dollars.
Sec. 6. It shall be the duty of the City Engineer to see
that the foregoing provisions of this Ordinance are enforced,
and he shall institute such proceedings against persons violating
the said foregoing provisions as may from time to time be
necessary to secure the observance of the same.
Sec. 7. The numbering hereinbefore prescribed, so far as
relates to the designation of the numbers to be assigned to each
building, residence, or store, shall be under the direction and
control of the City Engineer.
Sec. 8. It shall be the duty of the City Engineer to desig-
nate the numbers to be assigned to each building, residence, and
store, subject to approval by the City Council, if objections are
made thereto.
CHAPTER XLV.
AN ORDINANCE to regulate the running of railroad trains
and street cars and to prevent unlawful interference with
the cars, switches and other property of railroad corn-
panies in the City of Dubuque.
Be.it Ordained by the City Council of the City of Dubuque:
Section i. That all street railway companies operating
a . street railway in the City of Dubuque, shall cause their cars
or ,train of cars to: be slowed up to a speed not to exceed two
160 REVISED CITY ORDINANCES.
miles an hour before crossing the track of any other street rail-
way.
Sec. 2. That the slowing up contemplated in Section i
hereof shall be made not less than 15 nor more than ioo feet
from the railway track about to be crossed, and before starting
to cross,the driver, operator, conductor, or other person in
charge of the car or train of cars slowed up, shall signal by
sounding a gong or ringing a bell.
Sec. 3. Whenever two cars or two trains of cars going
in different directions, shall meet at the same crossing, the
car or cars traveling in an easterly or westerly direction shall
take precedence over those cars traveling in a northerly or
southerly direction, unless the person having charge of the
car having precedence, shall signal the person in charge of the
other car to go ahead.
Sec. 4. That no driver, operator, conductor, agent, or
other person in charge of any car or. train of cars shall un-
necessarily hinder or delay any other car or train of cars.
Sec. 5. That any driver, operator, conductor, agent or
other person in charge of any car or train of cars who shall
fail or neglect to observe the provisions of this Ordinance,
shall be guilty of a misdemeanor, and upon a conviction before
a Justice of the Peace may be fined not less than two nor more
than twenty dollars for each offense.
Sec. 6. 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, and no street cal shall
exceed ten miles an hour.
Sec. 7. That the engineer of every engine, while running
within the city limits, shall cause the bell to be rung constantly
while such engine is in motion.
Sec. 8. That no railway company, nor any officer or em-
ploye thereof, shall allow any engine, car or train to stand
on the crossing of any street within the city, in such manner
as to obstruct the passage of teams, or persons passing on
foot, over such railway track, longer than five minutes at any
one time.
Sec. 9. That any engineer or other person in charge of
an engine, who shall violate the sixth or seventh sections of
this Ordinance, and any officer, conductor, engineer, agent,
or employe of any railroad company, who shall violate the
eighth section of this Ordinance, shall, upon conviction there-
of, be fined not less than five nor more than fifty dollars
and any railroad company whose officers, agents or employes
REVISED CITY ORDINANCES. 161
shall violate the provisions of this ordinance, shall forfeit and
pay for each offense a penalty of twenty-five dollars, to be
recovered in any court having jurisdiction thereof.
Sec. Io. 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. II. That any person not an employe of such com-
pany, or an officer of the law, who shall at any place in said
city, other than the established depots, get on or off any 'en-
gine 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 implied, of the person in charge of such engine or
car, shall be subject to a fine of not less than one nor more
than twenty dollars.
Sec. 12. The Mayor of said city may appoint as special
policeman 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 authority, with or without a warrant, to arrest and bring
before the proper tribunal any person found violating any pro-
vision of this Ordinance.
CHAPTER XLVI.
AN ORDINANCE to provide for the erection and mainte-
nance of gates, bars or viaducts, or the stationing of guards
at railroad crossings. -
Be it Ordained by the City Council of the City of Dubuque :
Section I. That whenever it shall be deemed necessary
by the City Council of the City of Dubuque, for the safety and
convenience of the public, that gates, bars or viaducts shall be
erected and maintained, or guards or flagmen stationed at any
street, alley, or other public highway or thoroughfare in the
City of Dubuque, over or across which street or other highway
or thoroughfare any railroad or steam car track is constructed
and operated, said Council shall by resolution, order and direct
the railroad company or companies crossing such street, or
other place of travel, to erect and maintain at the expense of
said company or companies, such gates, bars or viaducts, or
station a guard or flagman as the Council may direct.
Sec. 2. Said resolution shall specify the streets or other
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162 REVISED CITY ORDINANCES.
crossing, at which such gates, bars or viaducts, shall be placed,
por flagman stationed, and shall specify the character of the
rotection thus to be maintained, whether gate, bar, viaduct or
other device.
Sec. 3. That after the passage of such resolution, the
City Recorder shall .prepare and cause to be served, a notice
directed to the railroad company or companies crossing or
using such street or other public thoroughfare, notifying them
of the passage of such resolution, and directing them to comply
therewith within thirty days after the service of such notice.
Sec. 4. That a failure by said company, companies or
persons, so notified to comply with such resolution and notice,
shall be deemed a misdemeanor, and they shall be subject to a
fine of not less than five nor more than one hundred dollars for
each offense.
CHAPTER XLVII.
AN ORDINANCE regulating sub -divisions and additions to
the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque
Section i. That no addition to the City of Dubuque,
or sub -division into lots or any parcel or tract of land within
the limits of said city shall be lawful unless the same be first
submitted to and approved by the City Council of said city;
nor shall any street, avenue or alley be recognized by said
city as a public thoroughfare, nor shall any expenditure of
public funds or city labor be made or done thereon unless the
plat embracing the same be so submitted and approved.
Sec. 2. That for the purpose of correct reference, a
correct map or plat of all additions and sub -divisions hereafter
made, shall be furnished to said city by the person orpersons
owning the land embraced therein, and such owner or owners
shall also comply with the statutes of the State of Iowa, in
force at the time such additions or sub -divisions are made, so far
as the same .are applicable and not inconsistent with this Ordi-
nance.
Sec. 3. That hereafter it shall be a misdemeanor for any
person or persons, or other owner, to lay off into lots or sub-
divide any tract or parcel of land within the limits of said city,
whereby any new street, alley or highway is platted or created,
.without first submitting the plat thereof to, and getting the
approval thereof, of the City Council of said city. And upon
conviction thereof, such person or persons, or owner, shall be
fined in a sum not exceeding twenty-five dollars.
REVISED CITY ORDINANCES.
CHAPTER XLVIII.
AN ORDINANCE providing for the time and manner of mak-
ing appropriations for all the necessary yearly expenditures
of the City Government, and regulating and controlling the
disbursements thereof.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That on or before the first day of March of
each year, the City Council shall make appropriations for all the
different expenditures of the city government for the year next
ensuing, commencing on the first day of March.
Sec. 2. Such appropriation shall enumerate all the depart-
ments, officers, employes, objects and purposes for which any
appropriation may be made, and shall set forth the amounts
thus appropriated for each department, officers, employes, ob-
ject or purpose.
Sec. 3. The City Auditor shall, on the first day of March of
each year, open an account with each fund thus created by
placing the amount appropriated to the credit of such fund, and
all warrants issued for any purpose for which an appropriation
may be made shall specify to which fund it shall be charged.
Sec. 4. There shall not be appropriated or expended on
account of any department, officers, employes, object or pur-
pose whatever, anyfurther or other amount during the year for
which such appropriation, shall be made, other than the amount
thus appropriated at the time and in the manner set forth in
sections i and 2 hereof, nor shall any warrant be issued, or in-
debtedness contracted for any purpose whatsoever. in excess
of the appropriations therefor, nor shall any warrant be drawn
or paid, or indebtedness contracted on account of 'any of the
funds thus created or on the general revenues or funds of the
city unless appropriations have been made therefor in compli-
ance with the provisions of this Ordinance.
Sec. 5. Such appropriations in the aggregate shall not ex-
ceed the annual legally authorized revenue of the city, but noth-
ing herein shall prevent the city from anticipating its revenue
for the year for which such appropriations are made, or from
bonding or refunding its outstanding indebtedness.
CHAPTER XLIX.
AN ORDINANCE to provide for the use of Fenders on Street
Railway Cars operating on the streets of the City of Du-
buque.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That on and after April i, 19ot, every person,
163
i
164 REVISED CITY ORDINANCES.
partnership, company or corporation owning or operating a
street railway in the City of Dubuque, Iowa, shall provide the
front end of all cars, except trailers, operating and running upon
and along the streets of said city, with safe and suitable fenders
of such size and character as shall be acceptable to and be ap-
proved by the City Council of the City of Dubuque.
Sec. 2. Any person, partnership, company or corporation
owning or operating a street railway in the City of Dubuque,
who shall fail or refuse to comply with Section 1 hereof, shall
be deemed guilty of a misdemeanor and shall be punished by
a fine of not less than twenty-five nor more than one hundred
dollars.
CHAPTER L.
AN ORDINANCE accepting the Grant of certain lands and
Real Estate by the State of Iowa to the City of Dubuque,
and dedicating the same as a public park for the use and
benefit of said City, and the inhabitants thereof forever.
Whereas, The State of Iowa by an act of the. General As-
sembly, approved April 4, 1896, granted and released to the
City of Dubuque all the right, title and interest vested in said
State in and to the lands, islands and in the beds of lakes,
sloughs and ponds of water within so much of Section seventeen
and eighteen in Township Eighty-nine north of Range Three
east of the Fifth Principal Meridian as lies east of a line com-
mencing at a point where the south line of said Section Eighteen
intersects with the west meandered line of the west shore of
Lake Peosta, thence northerly along the meandered line of
the west shore of said lake to the north line of said Section
Eighteen, as shown by, and in accordance with the survey made
and recorded by the government of the United States, which
said act is now in full force and effect;
Therefore, Be it ordained by the City Council of the City
of Dubuque :
Section I. That said grant by the State of Iowa be, and
the same is hereby accepted, and the lands and real estate
therein. granted and released, as described in said act, and in the
foregoing preamble, be, and the same are hereby declared to be
the property of the City of Dubuque ; and it is hereby made the
duty of the Mayor to cause the same to be properly entered and
scheduled as such, in the appropriate record books of said city.
Sec. 2. That all of the said lands and real estate granted
as aforesaid by the State of Iowa to the City of Dubuque, to-
gether with such other and additional tracts contiguous thereto,
within the limits of said Sections Seventeen and Eighteen, as
REVISED CITY ORDINANCES. 165
may be hereafter acquired by the City of Dubuque for park
purposes be, and they are hereby dedicated in perpetuity to the
public as a park and pleasure resort for the use and benefit of
the City of Dubuque and the inhabitants thereof forever.
Sec. 3. That it shall be the duty of the Mayor of said city
to see that the rights and interest of the city in said lands and
real estate dedicated as aforesaid as a public park are properly
guarded, and the property carefully protected from all injurious
or antagonistic interference or encroachment. That until other-
wise provided, the City Marshal and the city officers under him
shall have special charge and oversight of said grounds.
CHAPTER LI.
AN ORDINANCE vacating certain streets, alleys and side-
walks.
Be it Ordained by the City Council of the City of Dubuque
Section 1. That Canal Street from Iowa Street to War-
ren Street be and the same is hereby vacated and annulled, and
is hereby abandoned as a street, anything in the existing Ordi-
nances of the city to the contrary notwithstanding.
Sec. 2. That so much of the alley between Main and Iowa
Streets as is included in a strip sixteen inches in width along
the west side of 'said alley, running north of its intersection with
Second Street sixty feet, be and the same is hereby vacated in
favor of said Woodworth, his heirs and assigns, for the pur-
pose aforesaid. On condition that said Woodworth construct
said arch within sixty 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. That so much of Tower Street as lies between the
north line of Commercial Street and the south line of Eighth
Street, and between Blocks One and Eight of the Dubuque
FIarbor Improvement Company's Addition to Dubuque, Iowa,
be and the same is hereby declared vacated.
Sec. 4. That so much of Bell Street as lies between
Blocks Eight and Nine of the Dubuque Harbor Improvement
Company's Addition to Dubuque, Iowa, be and the same is
hereby declared vacated.
Sec. 5. That so much of Eagle Point road, so called, as lies
between Orange and Jackson Streets, in the City of Dubuque,
be and is hereby vacated.
Sec. 6. That all of the alley in Block Eight, in the Du-
•
166 REVISED CITY ORDINANCES.
buque Harbor Company's Addition to Dubuque, from the south
line of Jones to the north side of Dodge Streets in said addition,
be and the same is hereby vacated, and said alley is hereby
abandoned for all public purposes.
Sec. 7. That the easterly six feet of Madison Street,
abutting Lot No. I of the sub -division of Out -Lot No. 678 and
Lot No. 2 of the sub -division of Lot No. 54 in Marsh's Addition,
in the City of Dubuque, be, and the same is hereby vacated.
That Michael Duggan, of Dubuque, Iowa, his successors and
assigns is granted the exclusive right to use, control and occupy
the premises so vacated.
Sec. 8. That the following streets and alleys situate in the
Dubuque Harbor Improvement Company's addition to the City
of Dubuque, viz : Washington Street and the alley between
Washington and Wall Streets from High Bridge Avenue to Bell
Street and from Bell Street to Tower Street, also the portions
of Seventh and Commercial Streets north and abutting Lot No
Fifteen of Block Thirteen, also the portions of Bell and Market
Streets north of Commercial Street and the alley in Blocks
Eight and Nine be, and the same are hereby vacated, annulled
and abandoned as public highways in favor of the owner or
owners of the lots or parcels of ground abutting thereon.
CHAPTER LII.
AN ORDINANCE providing for the removal or abatement of
dangerous Structures and Buildings that may be declared
Nuisances.
Be it Ordained by the City Council of the City of Dubuque :
Section I. No person shall erect within the City of Dubuque,
or cause to be erected, or shall maintain or permit, or suffer to
remain on their premises, any wall, structure or building, which
by reason of dilapidation, defects in its structure or other causes
may be dangerous to life or property; and the City Council may
by resolution order the same repaired or xemoved by the owner
within such time as the City Council may prescribe; said reso-
lution shall state the name of the owner or owners of such
dangerous structure or building, in what the danger consists,
and also a description of the property upon which the same is
located.
Sec. 2. A written notice of the contemplated action of the
City Council, together with a copy of the resolution shall be
served personally by the City Marshal or Chief of Police upon
the owner or owners of the property upon which such structure
or building is located commanding them to appear before the
City Council at a time named and show cause, if any they have,
REVISED CITY ORDINANCES.
167
why said structure or building should not be declared a nuis-
ance and removed. If the owner or owners are non-residents,
such notice and a copy of the resolution should be served upon
his or their agent, if one is in the city, and if no agent of !said'
non-resident is known to be in the city, then said noteicanCd
copy of resolution may be posted on the premises by
Marshal or Chief of Police and published in the official paper of
the city for such a period as the City Council may deem proper
and direct.
Sec. 3. Upon the hearing thereof, if the City Council find
that said structure or building is dangerous it may be declared
a nuisance and order it abated or removed within such time as
may be fixed by said Council.
Sec. 4. Upon such order being made by the City Council
the City Marshal or Chief of Police shall immediately notify in
writing the owner or agent of such structure or building so
ordered abated, to have the same removed or abated. In case
the owner or agent shall fail to comply withsaid notice within
the time fixed it shall be the duty of the City Marshal or Chief
of Police to proceed forthwith to abate or remove said nuisance ;
the expense of which shall be paid by the owner or agent and
may be collected of either by suit, and may be established as a
lien upon the land upon which said structure or building is
located.
CHAPTER LIII.
AN ORDINANCE requiring railways and street railways to
maintain culverts and drains across their right of way on
streets, alleys, highways and public places.
Be it Ordained by the City Council of the City of Dubuque :
Section I. that the City Council shall have power to
order any railway or street railway to construct and maintain
under the direction and subject to the approval of the City En-
gineer, culverts and drains across its right of way on any street,
alley, highway or other public place as such Council may deem
necessary.
Sec. 2. The City Council shall direct the City Engineer
to prepare plans and specifications of such culvert or drain, and
shall then by resolution require said railway or street railway
to construct such culvert or drain in accordance with such plans
and specifications, and said railway or street railway company
to designate in writing within thirty days after the service of
the same upon said railway or street railway company whether
or not it proposes to construct such culvert or drain itself ; and
that in case of failure of said railway or street railway company
168 REVISED CITY ORDINANCES.
to so designate its wishes within the time specified and further
failure to commence work upon said culvert or drain within
thirty days from the service of such notice it will be presumed
that said railway or street railway company does not propose
to construct such drain or culvert, and that the city will con-
struct such culvert or drain and recover the cost thereof from
such company.
Sec. 3. Service of said resolution shall be made upon such
railway or street railway company by serving them with a certi-
fied copy of such resolution. If such railway or street railway
company fail to comply with the requirements of such resolu-
tion the city may construct such culvert or drain and recover
the cost thereof from such company.
CHAPTER LIV.
AN ORDINANCE to establish and maintain a Free Public
Library in the City of Dubuque.
Whereas, The Young Men's Library Association of Du-
buque, Iowa, has made a proposition to the City of Dubuque,
Iowa, to establish and maintain a free public library upon the
following conditions :
First. That a donation of $50,000.00 will be made to the
City of Dubuque, Iowa, for the erection of a substantial fire
proof home for such free public library.
Second. That a good and suitable lot shall be furnished
for such purpose ; and to this end the Young Men's Library
Association will contribute $7,000.00 and will raise the balance
of the money necessary to purchase such lot by subscription.
Third. That the Young Men's Library Association turn
over to the City of Dubuque as a nucleus for such free public
library all its books and assets and unite in upbuilding such
library.
Fourth. That the people of the City of Dubuque, as au-
thorized by law, vote to establish and maintain such free public
library; the cost of the maintenance of which shall not require
a greater annual levy upon the taxable property of said city than
one-fourth of a mill on the dollar.
Therefore, Be it Ordained by the City Council of the City
of Dubuque :
Section 1. That the City of Dubuque shall have all the
power and be subject to all the duties conferred and imposed
by Sections 727, 728, 729, 73o, 731 and 732 and Paragraph 6 of
Section 1005 of the Code of Iowa of 1897•
REVISED CITY ORDINANCES. 169
Sec. 2. Thatthere be established and maintained. a free
public library in the City of Dubuque in accordance with the
above conditions, and that upon a compliance with the said con-
ditions shall be annually levied by the City of Dubuque a library
tax not exceeding one-fourth of a mill on the dollar of the as-
sessed valuation of all taxable property in the said City of Du-
buque, to be used as provided by law for the maintenance of
said library.
Sec., 3. That the question of the establishment and main-
tenance of said free public library upon the said conditions, be
submitted to the electors of said city ata special election which
shall be held in the City of Dubuque on the 26th day of Novem-
ber, 1900, and the Mayor of the said city is directed to give thirty
days' notice of said election for said purpose, by causing said
notice to be published in the official paper of said city.
CHAPTER LV.
AN ORDINANCE establishing grades on certain streets :.
Be it Ordained by the City Council of the City of Dubuque':
Section i. That the grade of Grandview avenue from Delhi
street to Southern avenue as adopted by the City Council of
the City of Dubuque, March 2, 1891, and recorded in Grade
Book 4, Page 22, is hereby sanctioned and confirmed.
Sec. 2. That the grade of Grandview avenue from Delhi
street to Southern Avenue as shown by said Grade Book 4,
page 22, and specifically described as follows : Commencing at
Delhi street, station O., elevation 300, city datum, thence to sta-
tion 3, elevation 299 ; thence to station 7, elevation 292 ; thence
to station 10, elevation 289.5 ; thence to station 15, elevation
288; thence to station 18, elevation 284; thence to station 35,
elevation 27o; thence to station 45, elevation 274; thence to sta-
tion 52, elevation 27o ; thence to station 6o, elevation 255
thence to station 671 elevation 239 ; thence to station 79, eleva-
tion 237;.thence to station 84, elevation 232, in Southern ave-
nue, be and is hereby established as the grade of said Grand:
view avenue from Delhi street to Southern avenue.
Sec. 3. That the grade of Troy street and alley from
Kniest street to Johnston avenue, .between Rhomberg and Lin-
coln avenues, described as follows : Commencing at Kniest'
street and said alley station 0, elevation 20 feet, city datum;
thence northeast to station 2, elevation 21.5o feet ; thence north-
east to station 4, plus 29.feet, elevation 28.44 feet, which is where
said alley intersects with Johnson avenue, be and is hereby es-
i
170 REVISED CITY ORDINANCES.
tablished as the grade of said Troy street and alley from Kniesf
street to Johnson avenue, between Rhomberg and Lincoln
avenues.
Sec. 4. That the grade of the alley next and north of
Grace street, from Hall street to Louisa street, described as
follows : Commencing at station 0, elevation 277 feet, city.
datum; thence west to stations, elevation 28o feet; thence west
to station 3, elevation 298 feet; thence west to station 3, plus 35
feet, elevation 30o feet, which is the intersection of Louisa street
and said alley, be and is hereby established as the grade of said
alley next north of Grace street from Hall street to Louisa
street.
Sec. 5. That the grade of Main street from Seventeenth
street to Charter street described as follows : Commencing
at the lot line, Seventeenth and Main streets, elevation 59.4;
thence south to the northwest corner curb of Fifteenth and
Main, elevation 57.4o; thence south to the northwest corner
curb of Fourteenth and Main, elevation 55.80.; thence from the
southwest corner curb of Fourteenth and Main, elevation 55.3o ;
thence south to the northwest corner curb of Thirteenth and
Main, elevation 52.10 ; thence south to the southwest corner
curb of Thirteenth and Main, elevation 51.40; thence south to
the northwest corner curb of Twelfth and Main, elevation 48.75 ;
thence south to the northwest corner curb of Eleventh and
Main, elevation 47.6o ; thence south from the southwest corner
curb of Eleventh and Main, elevation 47.5o, to the northwest
corner curb of Tenth and Main, elevation 46.2o ; thence south
to the northwest corner curb of Eighth and Main, elevation
48.6o ; thence south from the southwest corner curb of Eighth
and Main, elevation 48.1o, to the northwest corner curb of
Seventh and Main, elevation 46.45 ; thence south to the north-
west corner curb of Fifth and Main, elevation 45.65 ; thence
south to a point 15o feet south of the south curb line of Fourth
and Main streets to a break of grade, elevation 48.03 ; thence
south to the northwest corner curb of Second and Main streets,
elevation 37.6o; thence south from the southwest corner curb
of Second and Main to the northwest corner curb of First and
Main, elevation 21.8o; thence from the south curb line of Main
and First, elevation 20.60, south to the north curb line of Jones
and Main streets, elevation 19.2o; thence south from the south
curb line of Jones and Main streets, elevation 19.20, to the north
curb line of Dodge and Main streets, elevation 19.35 ; thence
south to the north curb line of Charter and Main streets, ele-
vation 19.37, be and is hereby established as the grade of said
Main street from Seventeenth street to Charter street.
Sec. 6. That the grade of Chestnut street, west of Walnut
street, be described as follows :Commencing at the west line
REVISED CITY ORDINANCES. 171
of Walnut street and the center of Chestnut street, which is sta-
tion 0, elevation 252.7 ; thence west on Chestnut street to sta-
tion I, plus 5o, elevation 257.5; thence west to the end of said
Chestnut street, which is station 3, plus 9o, elevation 235.
Sec. 7. That the grade of the alley in Kiene and Blockling-
er's sub., from the east line of Burch to the west line of Summit
street, described as follows :
Commencing at the east line of Burch street, which is
known as station O., elevation 224.5 ; thence east to station i,
plus 4o, elevation 237; thence east to station 3, plus °I, elevation
�45, which is the west line of Summit street.
Sec. 8. That the grade of Langworthy Avenue between
Alpine and Booth streets and the grade of Nevada street be-
tween West Third street and Solon street be described as fol-
lows :
Grade of Langworthy Avenue —Starting from the west line -
of Alpine street, station 0, elevation 286 5.100; thence west to
station I, elevation 289 ; thence to station 2, elevation 285 ;
thence to station 3, plus 5o, elevation 268 ; thence to station 6,
plus 39, which is the east line of Booth street, elevation 228.
Sec. 9. Grade of Nevada Street : Starting from the south
line of West Third street, which is station 0, elevation 255,
thence south on said street to station 1, plus 5o, elevation 261 ;
thence to station 3, plus 85, elevation 268; thence to station 6,
plus 5o, elevation 258, which is the north side of Solon street.
Sec. io. That the grade of Grove street in Ding's addition,
from the north line of Mineral Lot No. 317, to Broadway Exten-
sion, described as, follows, commencing at the intersection of
Grove street and King street at a point 25 feet south of the
north line of King street, elevation 146 86-Ioo; thence north
from said point 125 feet, which is known as station i on the
profile of said street, elevation 141 ; thence north to Broadway
extension, being station 3.65, elevation 122.4.
From the intersection of Grove and King streets south,
commencing at a point 25 feet north of the south line of King
street, elevation 146 86-ioo; thence south to the south end of
Grove street 216 feet, being station 1.91, on the profile of said
Grove street, elevation 134 feet.
CHAPTER LVI.
AN ORDINANCE to provide for the Assessment and Collec-
tion of Taxes in the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque:
Section I. It shall be the duty of the Assessor each year,
between the first day of January and the first day of September,
1
172 REVISED CITY ORDINANCES:
to list and value all property subject to taxation within the city,
and in the discharge of his duty he shall have all the powers of,
and conform, as far as the same may be applicable, to the duties
of Township Assessors as defined by the laws of the State of
Iowa. The Assessor shall administer an oath to each tax -payer,
touching the amount and value of his property and its situation ;
and any person who shall refuse to assist in making out a list of
his property when called upon by the Assessor so to do, or
refuse to make the oath or affirmation authorized by the state
law, shall be fined in the sum of fifty dollars, to be recovered as
other city penalties; and if any person refuses to make out a list
of his property when called upon by the Assessor for that pur-
pose, the Assessor shall assess such person according to the best
information he can get as to the amount of taxable property
which such person has. The manner of assessment shall be
substantially as provided by Chapter i of Title 7 of the Code and
Amendments thereto. And the Assessor may appoint one or
more assistant assessors with the approval of the City Council,
whose powers and duties shall be the same as that of the As-
sessor, subject however, to the supervision and control of the
Assessor and who shall be allowed the compensation fixed by
the City Council. The term of office of the Assessor and as-
sistant assessors shall commence on the first day of January
following their election, andtheir appointment, and they shall
hold their office for two years from that time.
Sec. 2. The Assessor shall make his return by the first
regular meeting of the Council in September of each year, and
it shall be the duty of the Council to correct and equalize said
assessment on or before the fifteenth day of October following.
Sec. 3. The City Council shall, at the first regular meeting
in September, in each year, appoint a Committee on Assess-
ments, consisting of one Alderman from each ward. Such
Committee shall constitute a Board for the equalization of taxes,
and shall have power to equalize the assessments of all taxpayers
by increasing or diminishing the valuation of any kind of prop-
erty, or the entire assessment, of any taxpayer, as they may
deem just and necessary for the equitable distribution of the
burden of taxation upon all the property of the city ; and the
Assessor shall meet with such committee. The Auditor shall
be the clerk of such committee, and keep a record of their pro-
ceedings. Said Board of Equalization shall decide what assess-
ments should, in their opinion, be raised or diminished, add any
property omitted, and make an alphabetical list of the names
of the individuals whose assessment it is proposed to raise and
added, and post a copy of the same in a conspicuous place in the
place of meeting of said Board, and in the postoffice in the city,
and the committee shall, if, in their opinion, some of the assess -
REVISED CITY ORDINANCES. 173
ments should be raised, hold an adjourned meeting with at least
one week intervening after posting said notices before final
action thereon, which notices shall state the time and place of
holding such adjourned meeting. And the Auditor shall give
immediate notice thereof by mail to each person whose prop-
erty is raised or added at his last known postoffice address, or
as shown by the assessment roll.
Sec. 4. Any person aggrieved by the action of the Assessor
or any person whose assessment has been raised or whose prop-
erty has been added to the assessment roll, may appear before
the Board for final action with reference thereto.
Sec. 5. The Board of Equalization shall thereupon hear
all objections and correct and equalize the assessments, and
confirm the same, and report their action to the City Council.
And when such assessment is approved by the Council they shall
levy the requisite tax for the year then ensuing as provided by
Section 1003 of the Code.
Sec. 6. After having made the corrections determined by
the Council, the Assessor shall forthwith proceed to transcribe
such assessment book, and complete the tax list by carrying out
in separate 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. If, for any cause, the
Council should fail to perform the requirements before stated
at the time named, it may do so afterwards.
Sec. 7. When completed the Assessor shall turn the tax
list book over to the Auditor who may correct any clerical error
in the assessment or tax book, and shall make any correction
therein when directed by the City Council ; and when any such
correction affecting 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. 8. After the tax book is completed, and before said
book is placed in the hands of the City Treasurer for collection
of the taxes therein, the Auditor shall designate each piece or
parcel of real estate sold for taxes, and not redeemed, by writing
in a plain manner opposite to each such piece the word "sold,"
and after the completion of said tax books, 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 Treasurer,
174 REVISED CITY ORDINANCES.
charging him with the taxes thereon, taking his receipt therefor;
and such list shall be full and sufficient authority for the Treas-
urer to collect the taxes therein levied. But no mere informal-
ity therein, nor the want of any of the 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.
11111 Sec. 9. The Treasurer, on receiving the tax list shall, each
year, enter upon the same, in separate columns, opposite each
parcel of real estate, on which the tax remains unpaid for any
11111 previous year, the amount of such unpaid tax.
Sec. 10. The Treasurer shall after October first and before
December thirty-first of each year, enter in a book to be kept
in his office as a part of the records thereof, to be known as the
Delinquent Personal Tax List, all delinquent personal taxes of
any preceeding year ; such entry shall give the names of delin-
quents, alphabetically arranged, with amount of tax and for
what year or years delinquent ; and such tax when so entered
shall be a lien on any real estate owned or acquired by such de-
linquent until the same has been paid or canceled; and taxes not
so entered for each year shall cease to be a lien on real estate.
Sec. H. The Treasurer shall assess any property subject
to taxation which may have been omitted by the Assessor,
Board of Equalization, or Auditor, and collect taxes thereon;
and in such case he is required to note opposite such assess-
ment 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 afterwards ; and the Treasurer shall give no-
tice in the official paper of the city, continued for one month,
that he is prepared to receive the taxes. The Treasurer shall
continue to receive taxes after they become delinquent, until col-
lected 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. 12. The Treasurer, after making the above entry,
shall proceed to collect the taxes, and the list shall be his author-
ity and justification against any illegality in the proceedings
prior to receiving the list, and he is also authorized and re-
quired to collect, so far as practicable, the taxes remaining un-
paid on the tax books of previous years.
Sec. 13. The Treasurer shall, when any person offers to
pay taxes on any real estate marked "sold," notify such person
that such property has been sold for taxes, and inform him for
REVISED CITY ORDINANCES.
what taxes said property was sold, and at what time said sale
was effected, and refer him to the Auditor for the amount
thereof.
Sec. 14. If the tax on any property is canceled or remitted
by the Council, after the tax book is delivered to the Treasurer,
the Recorder shall notify the Treasurer in writing, giving the
name of the owner and description of the property and the
Treasurer shall thereupon notify the Auditor of the same. The
Auditor shall thereupon give the Treasurer credit for the amount
of the tax canceled.
Sec. 15. Whenever requested, 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 redemption from the same, if still redeem-
able, for which he shall be paid 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. 16. Such certificate, with the Treasurer's receipt,
showing the payment of all taxes therein specified, and the
Auditor's certificate 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 cer-
tificate and receipt described was, at the date thereof, free and
clear of all taxes and assessments, except sales whereon the time
of redemption had already expired and tax purchaser had re-
ceived his deed.
Sec. 17. In all cases where real property subject to tax-
ation 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 thereon ; and no failure of the owner to have such prop-
erty assessed or the errors in the assessment corrected, and no
irregularity, error or omission in the assessment of such prop-
erty, shall affect in any manner the legality 9f the taxes levied
thereon.
Sec. 18. City warrants shall be received by the Treasurer
in full payment of all taxes for current city expenses ; but money
only shall be received for the taxes levied for the purpose of
paying the debts of the city.
Sec. 19. 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.
175
178 REVISED CITY ORDINANCESr
Sec. 20. On the first day of February the unpaid taxes of
whatever description, for the preceding year, shall become de-
linquent, 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 prop-
erty shall be a lien upon any real property owned by such per-
son or to which he may acquire a title from the time of the levy
thereof.
Sec. 21. 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, in addition to the tax of each tax payer so delinquent as a
penalty for non-payment, at the rate of ten per cent per annum
on the whole amount thereof, including penalty. But the pen-
alty 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. 22. The Treasurer shall, in all cases, make out and
deliver to the tax payer a receipt, stating the time of payment,
the description and assessed value of each parcel of land, and
the assessed value of personal property, theamount of each kind
of tax, the interest on each, and cost, if any, giving a separate
receipt for each year, and he shall make the proper entries of
such payments 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, for any previous year, when-
ever the same is tendered, and give a separate receipt therefor.
Sec. 23. 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 ad-
ditional assessments, interest ondelinquent taxes, amount re-
ceived for licenses, or other iteriis, and shall credit the Treasurer -
on proper vouchers for money disbursed, for double or erro-
neous assessments, the correction or remission which causes
a diminution of the tax, and for unavailable taxes, or such as
have been properly and legally assessed, but which there -is no
prospect of collecting.
Sec. 24. The Council shall direct the Treasurer to refund
to the tax payer any tax or other portion of a tax found to have
1
REVISED CITY ORDINANCES• 177
been erroneously or illegally exacted or paid, with all interest
and costs actually paid thereon; and in case any l of perch
subject to taxation shall be sold for the payment
erroneous tax, interest or costs, as above mentioned, the error
or irregularity in the tax may at any time be corrected and
shall not affect the validity of the sale, or the right or title con-
veyed by the Treasurer's deed, if the property was subject to
taxation for 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. 25. The Treasurer is authorized to collect the delin-
quent 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, and is direct-
ed to make the same by distress and sale of his personal prop-
erty not exempt from taxation, and the tax list alone shall be
sufficient warrant for such distress.
Sec. 26. 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 the 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 adjournment 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. 27. If the Treasurer be resisted or impeded in the
execution 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, and imprisonment until fine
and costs are paid, not exceeding thirty days.
Sec. 28. Any 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 title, from the date of the
levy of the same; and all taxes due on real estate shall be a lien
on the same from the levy of same, and on stocks of merchan-
dize as provided by Section 1015 of the Code. The lien here-
in provided for shall be additional to the lien provided for in
Section io of this Chapter.
Sec. 29. On the first Monday in October, in each year,
178 REVISED CITY ORDINANCES.
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
description for the preceding 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, penalty and costs, due and un-
paid on such property.
Sec. 3o. The notice to be given of such sale shall state
the time and place thereof, and contain a description of the sev-
eral parcels of real property to be sold for the delinquent taxes
of the preceding year, and such real property as has not been
advertised for the taxes of previous years, and on which the
taxes remain due and delinquent; and the amount of taxes, in-
terest, penalty and costs against each tract, and the name of. the
owner, when known, or person, if any, to whom taxed.
Sec. 31. 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 paper 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. 32. The Treasurer shall charge and collect in addi-
tion to the taxes, penalty and interest, a sum not exceeding
twenty 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 publication. But in no case shall the city be liable for
more than the amount charged to the delinquent lands for ad-
vertising, 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 before sale, and notice so given shall
have the same force and effect as though the same had been
published in a newspaper.
Sec. 33. The Treasurer shall, at his office, on the day of
sale, at the hour of to 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. 34.. 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 ` purchaser 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 home-
stead it shall be liable for the taxes thereon.
REVISED CITY ORDINANCES. 179
Sec. 35. The Treasurer shall continue the sale from day
to day as long as there are bidders, or until the taxes are all
paid.
Sec. 36. 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. Such payments may be made in the same funds re-
ceivable by law in the payment of taxes.
Sec. 37. Any person owning or claiminglands e Treasurer
r town
atlots advertised for sale as aforesaid, may pay to
at: any time before the sale thereof, the taxes due thereon,
with penalty, cost of advertising, and all the costs which may
have accrued up to the time of such payment.
Sec. 38. In all advertisements for the sale of real prop-
erty for taxes, and in entries required to be made by the
Auditor, Treasurer, or other official, letters and figures may be
used as they have been heretofore, to denote townships, ranges,
sections, part of sections, lots, blocks, date, and the amount of
taxes, interest and cost, 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 Treas-
urer's deed under this chapter ; but in all cases, the provisions
of this Ordinance shall be sufficient notice to owners of the
sale of their property.
Sec. 39. The Treasurer shall obtain a copy : of said ad-
vertisement, 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 substan-
tially in the following form:
"I, A. B., publisher (or printer) of , a news-
paper printed and published in the City and County of. Du-
buque, and State of Iowa, do hereby certify that the foregoing
notice and list were published in said newspaper once in each
week, for three successiveweeks, and the last of which publi-
cation was made on the day of , A. D.,
190 ; and that copies of each number containing said notice
and list were delivered by carriers or transmitted by mail to
each of the subscribers to said paper, according to the accus-
tomed mode of business in this office.
Publisher (or Printer) of the
STATE OF IOWA, ss:
Dubuque County, }
The above certificate of publication was subscribed and
180 REVISED CITY ORDINANCES.
sworn to before me by the above named A B , who
is personally known to me to be the identical person described
therein, on the day of A. D. Igo
C D
Sec. 4o. The Auditor shall attend all sales of real prop-
erty for taxes, made by the Treasurer, and make a record
thereof, in a book to be kept by him for that purpose, therein
describing the several parcels of real proprety 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 obtained 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 Treasurer 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. 41. When all the parcels of real property adver-
, tised for sale shall have been offered, and a portion thereof
shall remain unsold for want of bidders, the Treasurer shall ad-
journ the sale to some day not exceeding two months from the
time of adjournment, due notice of which day shall be given at
the time of adjournment, and also by keeping a notice thereof
posted up in a conspicuous place in the Treasurer's office. But
no further advertisement shall be necessary. On the day fixed
for the re -opening of the sale, the same proceedings shall be had
as provided hereby for the sale commencing on the first Mon-
day in October. And 'further 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. 42. If any Treasurer or Auditor shall hereafter be
either directly or indirectly concerned in the purchase of any
real property sold for the payment of taxes, he shall be liable
to a penalty of not more than one hundred dollars, to be re-
covered in an action 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. 43. If, from neglect of officers to make returns, or.
from any other cause, real property cannot be duly advertised
and offered for sale on the first Monday of October, the Treas-
urer shall make the sale on the first Monday of the next suc-
ceeding month in which it can be made, allowing time for the
publication as provided in this Chapter.
Sec. 44. The Treasurer shall make out, sign and deliver
to the purchaser of any real property sold for the payment of
REVISED CITY ORDINANCES. 181
taxes as aforesaid, a certificate of purchase, describing the
property on which the taxes and costs were paid by tte pur-
chaser, as the same was described in the record of sales ; and
also h'ow much and 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 has been made there-
for. 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 separately described, which
shall have the same force and effect as certificates issued by
the. County Treasurer for the sale of property for delinquent
county taxes.
Sec. 45. The certificate of purchase shall be assignable
by endorsement, 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 evi-
dence of such assignment. In case said certificate is assigned
then the assignment of said certificate shall be placed on record
in the office of the Treasurer in the register of tax sales.
Sec. 46. The Treasurer shall also make out, sign and
deliver to the purchaser of any real property sold for taxes
aforesaid, duplicate receipts for any taxes, interest and costs
paid by said purchaser after the date of such 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 thereof 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. 47. Real property sold for the payment of any delin-
quent taxes may be redeemedat t to theany e beforeeAuditor, the
ght of
y
redemption is cut off, by payme
be
held by him subject to the order of the purchaser on surrender
of certificate (or in case the same is lost or be destroyed on his
making affidavit of such fact, and of the further fact that it was
not assigned, and giving bond of indemnity) of the amount for
which the same was sold and to per cent of such amount im-
mediately added as a penalty and 8 per cent interest per annum
on the whole amount thus made from the day of sale, together
with all subsequent taxes that have been paid according to law
with like penalty and interest. The Auditor shall upon the
edeem real
ahbein n satisfied that such person has aeaforesaidrty sold as
annddright to redeemthe
g
i
182 REVISED CITY ORDINANCES.
same ind on the payment of the proper amount, issue to such
party a certificate of redemption in substance and form as pro-
vided bySection 1438 of the Code, and shall make proper entry
thereof in the sale book, which redemption shall thereupon be
deemed complete without further proceeding. The provisions
of Section 1439, 144o and 1441 of the Code shall as far as the
same are applicable, and not herein changed or modified, apply
to sales of real estate for delinquent taxes herein contemplated,
and if such property be not redeemed, notice of the expiration
of the time of redemption shall be served and deeds shall be
issued in the same manner and of the same form as provided in
Section 1441 and Sections 1443, 1444, 1445, 1446,1447,1448;1449,
145o and I451 inclusive of the Code. The Auditor shall notify
the Treasurer of all redemptions, who shall enter the same on
his books.
Sec. 48. Immediately after the expiration of ninety days
from the date of the service of the notice, as prescribed by Sec.
1442 of the Code, the Treasurer then in office shall make out
a deed for such lot or parcel of land remaining unclaimed and
deliver the same to the purchaser upon the return of the certifi-
cate of purchase. Any number of parcels of real estate bought
by one person may be included in one deed, if required by the
purchaser. Deeds executed by the Treasurer may be in form
substantially as provided by Section 1443 of the Code, and shall
be signed and acknowledged by him in his official capacity, and
all deeds and conveyances hereafter made and executed on ac-
count of any general or special tax sales shall have the same
force and effect as deeds made by the County Treasurer for
delinquent county taxes, and the purchaser, as well as the owner
of any real property sold on account of such general or special
delinquent tax, shall be entitled to the rights and remedies
which are granted and prescribed by Sections 1444, 1445, 1446,
1447, 1448, 1449, 145o and 1451 of the Code.
Sec. 49. That all taxes levied and assessed for any of the
following named purposes shall be taken and considered as
special taxes, to -wit : Taxes levied for guttering, curbing,
macademizing, paving or graveling of streets or alleys, or for
the paving or building and repairing of sidewalks, for filling
and draining lots and lands, for building sewers, or for the lay-
ing or repairing of permanent or temporary sidewalks, or for
the setting and repairing of curb stones, or for the removal or
abatement of nuisances, or for the laying out, or alteration, or
widening, or extension of public grounds, squares, streets,
alleys, lanes,avenues, highways, or wharves, or for grading
streets or alleys of the City of Dubuque.
Sec. 5o. That whenever the City Council shall have as-
sessed and levied any special tax or taxes, it shall be the duty
REVISED CITY ORDINANCES. 183
of the Recorder, within five days after said levy or assessment,
to make out a copy thereof, and after having attached thereto
the warrant of the Mayor, countersigned by the Recorder,
under the seal of the city, to deliver the same to the Auditor,
who shall charge the amount of the same to the Treasurer and
thereupon deliver the same to the Treasurer for collection as
provided for general taxes. Said warrant shall require the
Treasurer to collect the assessment or taxes specified therein,.
and to make due return thereof. Said warrant shall be full and
sufficient authority to the Treasurer to collect the taxes therein
specified. Provided, That such sale shall not be made when the
time of payment has been extended by law or Ordinance until
the expiration of such time.
Sec. 51. The Treasurer shall endorse upon said warrant
the time of receiving the same, and shall, within twenty days
after the receipt of the same, make a demand of the amount of
said tax or assessment, by mailing to the ownerr or owners of
such lots or lands when known, a notice of such assessment or
levy and the amount assessed against the property therein de-
scribed, but a failure to give such notice will not affect the valid-
ity of such assessment or tax.
Sec. 52. If said taxes are not paid within thirty days after
the time when the same are placed upon the tax list or tax
books (unless a different time of maturity is fixed in the resolu-
tion levying the same), the same shall become delinquent and
shall thereafter bear the same penalty and interest as ordinary
delinquent taxes, unless otherwise provided in said resolution.
And when any special assessment is delinquent at the time of
any. regular, special or adjourned tax sale the same shall be ad-
vertised and the property sold therefor in the same way as for
ordinary taxes, unless otherwise by law or the Ordinances of
the city provided. At all such sales the City may become a
purchaser, as hereinafter provided. And should there be other
delinquent taxes or assessments due from the same person and
upon the same property at the time of any annual sale, the sale
shall be for all delinquent taxes and assessments. And all the
provisions of law or Ordinance relating to the sale of property
for delinquent taxes and the redemption of the same, and the
execution of the deed therefor shall be applicable as far as may
be to such sales. Special sales for delinquent special assess-
ments may be held at any time after they become delinquent.
Sec. 53. At any tax sale in which any property shall re-
main unsold after two adjournments of said sale, then the City
Attorney, if he deems it advisable, shall bid the same in in the
name of the city and for the city, and the whole tax due thereon
shall be paid from the general fund into the proper funds for
184 REVISED CITY ORDINANCES.
which such taxes were levied. The certificate of purchase of
lands bid in by the city shall be made in the name of the city and
deposited with the City Recorder, who shall attend to the pay-
ment of subsequent taxes and the obtaining of a tax deed, in
case it is not sooner redeemed, and when redeemed or sold by
the city, the proceeds of such redemption or sale shall be paid
into the general fund.
Sec. 54. Payment of any special tax or assessment herein -
before provided for, together with any interest, penalty, and
costs accrued thereon, may also be . enforced by action in the
name of the city against the owner or owners of the lots or
lands, on which such taxes or assessments may be levied, which
action shall be such as is authorized and prescribed by Sections
84o, 984, 985, 986, of the Code, the provisions of which are
hereby adopted as a part of this Ordinance.
Sec. 55. That if the real estate of any minor or lunatic is
sold for taxes, the same may be redeemed at any time within
one year after such disability is removed, upon the terms here-
tofore specified; or redemption may be made by the guardian
or legal representative ; provided, however, that such redemp-
tion, after the expiration of three years from the date of the
sale, shall only be made in the manner prescribed by the laws of
the State of Iowa in, force at such time for the redemption of
property that has been sold more than three years.
Sec. 56. In any case that may arise, not provided for in
this Ordinance, the officer, in the assessment, levy and collec-
tion 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 town-
ship officers in the levy and collection of county taxes.
Sec. 57. No sale of real property for taxes shall be con-
sidered invalid on account of the same having been assessed in
any other name than that of the rightful owner, if the said
property be in other respects sufficiently described.
Sec. 58. That when by mistake, or wrongful act of the
Treasurer, real property has heretofore been sold or shall here-
after 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-
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
purchaser the amount wrongfully collected of him, together
with six per cent interest per annum from date of payment to
date of refunding.
REVISED CITY ORDINANCES. 1
CHAPTER LVII.
AN ORDINANCE adopting the Ordinances revised and com-
piled under resolution of the City Council, as the Revised
Ordinances of 1901, repealing other Ordinances and pro-
viding for the publication of the Ordinances of 190.1.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the foregoing Ordinances, being Chap-
ters numbered from Chapter 1 to 56, both inclusive, are hereby
each and all passed and adopted, and shall constitute and be
denominated, "The Revised Ordinances of i9o1, of the City of
Dubuque," and the foregoing Ordinances, together with the
rules and order of business of the City Council as contained
herein are ordered published in book form, and when so pub-
lished and certified by the City Recorder, the same shall be in
force and shall be received without further proof as valid evi-
dence of such Ordinances.
Sec. 2. That all public or general Ordinances or parts
thereof, not included in this revision, except Ordinances grant-
ing franchises or rights to corporations or individuals, and ex-
tensions and limitations of such rights as hereto annexed, and
Ordinances establishing the grades of streets, alleys and
avenues, and, Ordinances making appropriations for public ex-
penditures, and Ordinances establishing, altering widening, con-
structing or vacating streets, alleys or avenues, or establishing
the width thereof, be and the same are hereby repealed so far
as they conflict with the Ordinances in this chapter mentioned
and set out in the foregoing Ordinances ; but no fine, forfeiture,
penalty, rights, action, suit, debt, claim or liability whatsoever
created, instituted, incurred, accrued or in any manner arising
out of any Ordinances hereby repealed shall be released, dis-
charged, annulled, repealed or in any way affected, but may be
prosecuted, recovered; enjoined or defended, or any suit or pro-
ceeding be commenced or completed thereon as fully and in the
same manner in all respects as if such Ordinances or part there-
of had remair
of
office or the emoluments thereof any wishall se affecteedexistingtby this
repeal.
Sec. 3. Private Ordinances, resolutions and by-laws,
passed by the City Council are not repealed unless repugnant
to the provisions of said Revised Ordinances, and Ordinances
granting privileges or which expire after a term of years shall
not be enlarged or abridged by their want of incorporation here-
in, btit shall cease to be in force at the time and under the con-
ditions as provided in the original Ordinances.
IPP
186
REVISED CITY ORDINANCES.
The foregoing Revised Ordinances
the City Council and approved this end
Attest :
L. M. LANGSTAFF,
City Recorder.
passed and adopted by
day of May, Igor.
C. H. BERG,
Mayor.
SPECIAL ORDINANCES.
CHAPTER I.
AN ORDINANCE to provide for Lighting the City of Du-
buque with Gas, and amendment thereto.
Be it Ordained by the City Council of the City of Dubuque:
Section 1. That Benajah Barker and Harvey B. Spelman,
their successors, associates and assigns, as individuals, or as a
body corporate, under such name as they may hereafter adopt,
be and they are hereby authorized to use exclusively for the
term of twenty-four years from the date of this Ordinance, the
streets, lanes, alleys and public grounds of said city, includ-
ing any territory that hereafter may be added to the same, for
the purpose of laying down in said streets, lanes, alleys and
public grounds, pipes for conveying. gas, for supplying said city
and the inhabitants thereof with gas light ; Provided, That said
Barker and Spelman, their associates, successors and assigns.
shall give the Street Commissioner of said city one day's notice.
previous to the opening of any street, lane, alley or public
ground, for the purposes aforesaid, and shall not unnecessarily
obstruct the passage of said streets, etc., and shall within a
reasonable time repair such streets, etc., as they may have
opened, to the acceptance of the Street Commissioner or other
proper officer.
Sec. 2. That the privileges herein granted are upon the
express condition that said Barker and Spelman, their asso-
ciates, successors and assigns, shall by the first day of April,
A. D. 1855, commence within said city, and complete by the
first day of December, A. D., 1855, works and apparatus for
the manufacture of gas, from coal or any other materials of
which gas is now or may hereafter be made, and shall lay down
at least one mile of leading pipe, and continue thereafter to
maintain their works, and extend their leading pipes through
such localities in said city as the consumption of gas may justify,
and shall furnish gas for public and private use in said city, at
rates not exceeding the average prices at which gas is furnished
in other cities, adding difference in cost of material and expense
of manufacture (if any), but such rates not to exceed for gas
for public lamps, the sum of two dollars and fifty cents per
thousand cubic feet, and for gas for private use not to exceed
three dollars and fifty cents per thousand cubic feet. All lamps,
meters and fittings to be furnished at the expense of the City
-for public lamps : Provided, That if said City Council shall at
188 SPECIAL ORDINANCES.
any period prior to April i, 1855, give said Barker and Spelman,
their associates, successors or assigns, a written guarantee that
they will, within twelve months thereafter, furnish a Consump-
tion of gas equal to twelve hundred nightly burners, on a dist-
ance in the streets of said city not exceeding one mile and a
half from said gas works, then, and in that case, said Barker
and Spelman, their associates, successors or assigns, shall with-
in sixty days after the receipt of said guarantee commence and
within twelve months thereafter complete said gas works and
lay down said one mile of leading pipe : Provided, That any
temporary failure on the part of said Barker and Spelman to
perform any of the conditions of this Ordinance, when such
failure is occasioned by accidents or untoward events, shall not
work a forfeiture of the privileges hereby conferred, in case
the same shall be repaired within a reasonable time.
Sec. 3. That said Barker and Spelman, their successors,
associates or assigns shall file with the City Recorder a notice
of their acceptance of this Ordinance within ninety days from
and after its passage.
Passed September 13, 1853.
Sec. 4. That the Ordinances passed Sept. 13, 1853, giving
to Benajah Barker and Harvey B. Spelman, their successors,
associates and assigns as individuals, or as a body corporate
under whatever name they might adopt, the rights and privil-
eges of lighting said City of Dubuque with gas for the term of
twenty years from the date of said Ordinances, be and is hereby
extended and continued for the further period of ten years, to
the successors and assigns of the grantees in said Ordinances
named with the following modifications and changes.
Sec. 5. That the price of gas furnished to the city for light-
ing public lamps or for other public uses, also the price of gas
furnished to private consumers, shall be subject to the control
and regulation of the City Council of the City of Dubuque,
which price shall be fixed once in every year by said Council.
Sec. 6. That all Ordinances and parts of Ordinances in
conflict herewith are hereby repealed.
Passed November 5, 1877.
CHAPTER II.
AN ORDINANCE providing for the extension of the right
of the Key City Gas Company to lay its gas pipes in the
streets and alleys of the City of Dubuque for ten years,
commencing July i, 1884, on certain conditions, and to
amend an Ordinance entitled "An Ordinance to provide
SPECIAL ORDINANCES. 189
for lighting the City of Dubuque with gas," which passed
September 13, 1853, and amended and extended November
5, 1877.
Be it Ordained by the City Council of the City of Dubuque:
Section 1. That the rights now held and enjoyed by the
Key City Gas Company, of laying its gas pipes in the streets
and alleys of the City of Dubuque, under and by virtue of the
provisions of an Ordinance entitled "An Ordinance to provide
for lighting the City of Dubuque with gas," passed September
13, 1853, and amended and extended November 5, 1877, be and
the same are hereby continued for the term of ten years from
the first day of July, 1884, upon the conditions and restrictions
hereinafter expressed.
Sec. 2. In consideration of said extension, the said Key,
City Gas Company shall agree and bind itself, whenever re-
quired, to furnish gas for illuminating, cooking and heating pur-
poses to the City of Dubuque, and the inhabitants thereof, in
all cases where the buildings or street lamps to be supplied
are situated on or contiguous to the line of the streets or alleys
in which the gas pipes of said company may be laid, or hereafter
extended, at prices not to exceed the following rates :
First —For all gas used by the city, in the City Hall,
Fire Engine Houses, and other city buildings for
the five years commencing July i, 1884, per thou-
sand cubic feet $
For gas for five years, commencing July 1, 18891 50
Second —For each street lamp, per annum, including
cleaning, keeping in repair and furnishing burners
as needed, until the number in use shall reach 25o25 00
When the number shall reach 25o, and until it shall
reach 300
When the number shall reach 30o, for the balance
of the ten years
23 00
Third —For gas for private consumers, for the first five
years, commencing July i, 1884, per thousand cubic
feet
For gas for the five years commencing July 1, 1889,
per thousand cubic feet
Sec. 3. Nothing in this Ordinance shall be construed to
prohibit or prevent the City of Dubuque, at any time, from
granting to any other parties or corporation the right to lay
gas pipes in the streets and alleys of the city, nor to prevent
said city or the inhabitants thereof from obtaining gas for
illuminating or other purposes from such other parties or cor-
porations.
2 00
2I 00
2 50
2 25
190 SPECIAL ORDINANCES.
Sec. 4. Said city shall not be liable for any damage to the
pipes or other property of said company caused by any change
of grade, or the cutting down of the surface of any street, nor
for the expense of lowering or relaying of said pipes necessary
in consequence of the change of the surface of any street in the
city.
Sec. 5. That said Key City Gas Company, shall, while
excavating or otherwise obstructing any street, alley or public
place in said city for the renewal, extension or repair of any
of its pipes, or for any other purpose, keep such
e xcavatient acon or
obstruction properly guarded and lighted to p
nt
or injury, and restore the same to as good condition as before
,so obstructed or excavated; and upon the failure so to do, or
should said alley, street or public place become out of repair,
on account of such repairs made by said company being imper-
fect and insufficient, then in that case the City. of Dubuque
may make or complete the same and retain the expense thereby
incurred out of any money due or becoming due to said com-
pany ; and in case any suit or action at law be commenced
against the City of Dubuque upon any claim for damage arising
out of any loss, injury or damage charged to have been caused
by any obstruction or excavation in any street, alley or public
place in said city, and which obstruction or excavation was
made or left in upon said public place, street
alley,
fi
company, its agents or employes, uponbeing notified by said
city of such action or proceeding, said company pP
ear
and make proper defence thereto; and if any judgment or de-
cree shall in any such case be rendered against the
such g
t iztl erein,
vent
said company hereby agrees to assume and pay J
or decree, with the costs thereof. "AnSec. 6. Any provision of the Ordinance entitled,
Ordinance to provide for lighting ahe nd Cityameof and gqueendth
gas," passed September 13, 1853,
November 5, 1877, so far as the same may conflict with any of
the provisions of this Ordinance, are hereby repealed.
Adopted 1884.
CHAPTER III.
AN ORDINANCE providing for the extension of the right
of the Key City Gas Company to lay and maintain its gas
pipes in the streets and alleys of the City nodf to Dubuque
amend the
for
twenty years, commencing July 1, 1894,
present Ordinance relating thereto.
Be it Ordained by the City Council of the City of Dubuque:
Section 1. That the rights now held and enjoyed by the
Key City Gas Company of laying and maintaining its gas pipes
SPECIAL ORDINANCES. 191
in the streets and alleys of the City of Dubuque, under and by
virtue of the provisions of an' Ordinance entitled "An Ordinance
providing for the extension of the right of the Key City Gas
Company to lay its gas pipes in the streets and alleys of the
City of Dubuque for ten years, commencing July 1, 1884, on,
certain conditions," and to amend an Ordinance entitled "An
Ordinance to provide for lighting the City of Dubuque with gas,
which passed September 13, 1853, and amended and• extended;
November 5, 1877," be, and the same are hereby continued for
the term of twenty years from the first day of July, 1894:
Sec. 2. That the rights and privileges 'hereby extended
shall be subject to all the conditions and reservations con-
tained in the Ordinance referred to in the preceding section
and amendments thereto.
Adopted June 11, 1892.
The Key City Gas Company accepts the aforesaid Ordi-
nance, and further agrees that nothing herein contained shall
be construed to limit the power of the City Council to fix and.
regulate the price to be charged for gas after July i, r894.
KEY CITY GAS COMPANY.
By GEO. McLEAN, Secretary.
CHAPTER IV.
AN ORDINANCE providing for the extension of the right of
the Key City Gas Company to lay and maintain its gas
pipes in the streets and alleys of the City of Dubuque, fot.
the period oeight 4, , vears, and to amend andom e a(ter the first present Ordinances
of
July, A. D., 1914, .
relating thereto.
Be it Ordained by the City Council of the City of Dubuque:
Section 1. That in consideration of the faithful perform-
ance and observance of the conditions and reservations herein-
after specified, the rights and privileges now held and enjoyed
by the Key City Gas Company, of laying and maintaining its
gas pipes in the streets and alleys of the City of Dubuque, un-
der and by virtue of the provisions of an Ordinance entitled'
"An Ordinance to provide for the Lighting of the City of Du-
buque with gas" passed September 13, 1853, and the several
amendments thereto and extensions thereof, be and the same
are hereby continued and extended for the additional period of,
eight years, from and after the first day of July, 1914.
192
SPECIAL ORDINANCES.
Sec. 2. That the rights and privileges hereby extended and
continued shall be subject to all the conditions and reservations
expressed and specified in the original ordinance in favor of
Benajah Barker and Harvey B. Spelman adopted September
13, 1853, as changed and modified by the provisions of the sev-
eral subsequent ordinances amending and extending the same
and contained and comprised in Chapters eighty-one, eighty-
two and eighty-three of the Revised Ordinances of 1893.
Sec. 3. That Section Five of the amendment to said Orig-
inal Ordinance in favor of Barker and Spelman, passed Novem-
ber 5, 1877, be, and the same is hereby so amended as to read
as follows : That the price of gas furnished to the city for
lighting public lamps and for other public uses ; also the price
of gas furnished to private consumers and the rates of rent for
meters in public or private buildings and houses shall be sub-
ject to the control and regulation of the City Council of the City
of Dubuque, which price and rates shall be fixed not oftener
than once a year, at any time the Council in its discretion shall
deem it expedient and proper to do so. Provided, That such
price or rates shall not be so fixed, until after reasonable notice
to said company of the intention of the Council to exercise the
rights to fix the same. And further provided, that the control
and regulation of prices and rates shall be subject to any statute
of this state relative thereto, now, or hereafter enacted.
Sec. 4. That in consideration of the extension of franchise
provided for in the First Section of this Ordinance the said Key
City Gas Company shall agree and bind itself, whenever re-
quired to furnish gas for illuminating, cooking and heating pur-
poses to the City of Dubuque and the inhabitants thereof in all
cases where the buildings to be supplied are situated on or con-
tiguous to the line of the streets or alleys in which the gas pipes
of said company may be laid and at the price fixed from time to
time, as aforesaid by the City Council ; and also in all cases
whenever required to promptly make the usual meter connec-
tions necessary to properly supply any building situated as
aforesaid with gas for the purposes above specified.
Sec. 5. That this Ordinance when accepted by the Key
City Gas Company shall be construed to have the force of a
contract between the City of Dubuque and said company and
be mutually binding on both parties.
Sec. 6. That this Ordinance shall be accepted by said
Company within fifteen days after its passage by the City Coun-
cil, otherwise it shall cease to have any force or effect. If
adopted by said company within the time herein specified, it
shall be published one time in the Dubuque Daily Telegraph
SPECIAL ORDINANCES.
193
newspaper, and shall thereupon take effect and be in full force.
Passed August 26, 1897.
Approved September 8, 1897.
T. T. DUFFY.
Attest : Mayor.
L. M. LANGSTAFF,
City Recorder.
Accepted September 8, 1897.
KEY CITY GAS COMPANY.
WM. L. BRADLEY,
By GEO. McLEAN, President.
Secretary.
Published in the Dubuque Daily Telegraph the Ninth day
of September, 1897.
CHAPTER V.
AN ORDINANCE authorizing the establishment and opera-
tion of the Eagle Point Ferry.
Be it Ordained by the City Council of the City of Dubuque:
Section i. That free license, full authority and right be
and is hereby granted to John Reugamer, John Trexler, J.
P. Schroeder, John Klein, Frank Schroeder, and George Feng-
ler, and their assigns, to establish, and for a period of twenty-
five years from the passage of this Ordinance maintain and
operate a ferry, to be known as the "Eagle Point Ferry," from
a point on the Mississippi. near Eagle Point in said city, where
Division street in said city meets said river, across said Mis-
sissippi river to the easterly shore of said river, in the State
of Wisconsin, under the provisions of this Ordinance.
Sec. 2. That within one year from the passage of this
Ordinance said grantees and assigns shall procure and keep at
said ferry one or more boats of 'sufficient capacity to accom-
modate the public travel and business at all seasonable times,
continue to run said boat or boats across said Mississippi river
from the place where Division street in said city meets said
river, near Eagle Point, to the easterly shore of said river in
the State of Wisconsin, and on being paid therefor as herein
provided, receive and transport over said river all persons de-,
siring to cross, and all freight offered for transportation.
Sec. 3. That in keeping and running said ferry said
grantees and assigns shall use all proper care and prudence -
to insure the safety and convenience of the traveling public..
194
SPECIAL ORDINANCES.
Sec. 4. That the City Council of Dubuque shall have the
right .to make such rules and regulations for said ferry as it
may think necessary, and fix from time to time the rates of fer-
riage from the Iowa side, but shall not fix the rates lower than
the Dubuque and Dunleith ferry.
Passed August 13, 1883.
CHAPTER VI.
AN ORDINANCE authorizing and regulating the Dubuque
Lumbermen and Manufacturers' Railroad in the City of
Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That permission, with the right of way, be
and is hereby granted unto the Dubuque Lumbermen 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 and up Jackson Street as far as Eighth Street,
and from said Fourth. Street along the old Levee up to Wash-
ington Street, thence up and along Washington Street as far
as Tenth Street ; and said company is hereby empowered to
connect the track thus to be laid by it with the places of busi-
ness 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 any one street,
and that such track shall be made of such material and in such
manner as will accommodate other railroad companies that
may desire to pass over the same, and shall be laid on the cen-
ter line, and as near as may be to the present level of the
streets over and along which it may pass, and that at all the
points along the route, where the track shall be above or be-
low 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 incon-
venienced 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 prefergnce
to any.
SPECIAL ORDINANCES. 195
Sec. 4. That the said Dubuque Lumbermen and Manu-
facturers' 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 side 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 re-
ceive more than fifty cents without the consent and approval
of the City Council of the City of Dubuque ; Provided, Always
that no charge shall be made for cars 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 rails of said road whenever it shall be
necessary for repair or improvement of the streets, or for laying
water or gas pipes, or sewers, or for other public purposes, on
the streets on which said rails may be laid ; and such repairs and
improvements shall be made by the city without unnecessary
delay, and the track of said road shall be taken up and relaid
by the Dubuque 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, etc., by the construction and repair of their track along
and over the streets as herein provided for; and further, to pro-
tect the City. of Dubuque against all claims for damages arising,
from the construction 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 pro-
vision contained in this Ordinance, or any material regulation
made by said City Council, such violation shall work a com-
plete forfeiture of all the rights, privileges, and powers hereby
conferred upon said company.
Sec. 8. That the Dubuque Lumbermen and Manufac-
turers' Railroad Company be and is hereby authorized to assign,
transfer and set over unto any other person, company or cor-
poration all the rights, privileges, powers and benefits herein
granted to, and conferred upon said company, but the person
company or corporation receiving such assignment or transfer,
shall be subject to the provisions of this Ordinance in the same
manner as the Dubuque Lumbermen and Manufacturers' Rail-
road Company.
196
SPECIAL ORDINANCES.
• Sec. 9. That said railroad track herein authorized to be
constructed, shall be complete and ready for use within three
months after the adoption of this Ordinance.
Sec. lo. In case said Dubuque Lumbermen and Manu-
facturers' 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 effect of a contract between said com-
pany and the City of `Dubuque.
Sec. II. This Ordinance shall not be so construed as to
prevent the City Council of the City of Dubuque from grant-
ing to any other railroad company, whose road shall extend
and be operated beyond the limits of the city, the right to build,
maintain and operate 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' Rail-
' road Company, or their assigns, whatever damages said com-
pany or their assigns shall sustain by reason of such appropria-
tionr 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 io, 1869.
CHAPTER VII.
AN ORDINANCE authorizing and regulating Street Rail-
ways in the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque •
Section I. That the Dubuque Street Railway Company,
their successors and assigns, be and are hereby granted the ex-
clusive right and privilege to construct, operate and maintain:•
over the streets of the City of Dubuque, street railways for car-
rying passengers and freight, for the term of twenty years from
the First day of October, 1867.
Sec. 2. The said company, their successors and assigns
shall commence the construction of one or more of said roads.
within six months from this date, and shall have at least twd"
SPECIAL ORDINANCES.
197
miles of track, including side tracks, completed and in opera-
tionwithin one year.
'Sec. 3. The said company may construct, operate -and
maintain tracks upon such .street or streets as they may deem
expedient, laying their track as near the center of the streets
as may be practicable, and shall keep the space between the
rails in repair, and shall keep the same in proper order as to
cleanliness.
Sec. 4. The said parties, their successors and assigns
may regulate and establish from time to time such rates of
fare for the transportation of persons and things over their
road as they may see proper ; Provided, That the charge for
carrying a person from one extreme to another shall not ex-
ceed ten cents.
Sec. 5. The City of Dubuque reserves the right to take
up and remove the rails of said road whenever it shall be
necessary, for the repair and improvement of the streets, or
for laying water or gas pipes, or sewers, or for other public
purposes, on the streets on which such rails may be laid; and
such repairs and improvements shall be made by the city, and
without unnecessary delay ; and the track of said road shall be
taken up and relaid by the Railway Company, at their (said
company's) cost and expense.
Sec. 6. Authority is hereby conferred to lay single or
double track, or both, on said streets of Dubuque, except that
but one track shall be laid upon Main street, together with such
turnouts, side tracks and switches as may be deemed necessary
by said Railway Company.
Sec. 7. The City Council hereby reserves the right to
make all necessary and usual police regulations concerning
the operation and management of said street roads during the
continuance of the rights and privileges hereby granted.
Sec. _ 8. The tracks of such roads as may be constructed
shall be put down in such manner as to obstruct the streets as
little as may be, and the cars of said company shall take pre-
cedence over other vehicles, persons or things ; and if any per-
son shall unnecessarily obstruct or impede the running of cars
on such track, he shall be fined five dollars for each offense, by
any proper court or justice of the peace having jurisdiction in
the case.
Sec. 9. It shall be the duty of said railway company to
furnish and run a sufficient number of cars to accommodate the
traveling public. All cars shall carry signal lights after dark.
The rights and privileges hereby granted shall cease and deter-
mine as to all streets and parts of streets not occupied with
198 SPECIAL ORDINANCES.
tracks within five years from this date ; and a failure to construct
and put in operation at least two miles of road within one year
from this date, shall operate as a forfeiture of the rights• and
privileges hereby granted.
Sec. io. It shall be the duty of said railway company to
repair any and all damage done to the streets, curbs, sidewalks,
gutters, etc., by the construction and repairing of the tracks
along the streets as herein provided for; and further, to pro-
tect the City of Dubuque against all claims for damages arising
from the construction or management of the tracks provided
for herein.
Sec. 11. Nothing herein contained shall be so construed
as to deprive the City of Dubuque of the right to authorize
(the) other railway companies from crossing the tracks laid
down under the authority of this Ordinance.
Passed October 4, 1867.
CHAPTER VIII.
AN ORDINANCE granting certain additional rights and
privileges to the Dubuque Street Railway Company.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That in addition to the rights and privileges
already granted and now possessed by the Dubuque Street
Railway Company under the provisions of an Ordinance en-
titled "An Ordinance authorizing and regulating Street Rail-
ways in the City of Dubuque," adopted October 4, 1867, the
following additional rights and privileges are hereby granted
to said Street Railway, to -wit :
First. —To change its present line of track on Main Street
from the intersection of Jones Street with Main Street to the
intersection of Main and Thirteenth Street, also on Clay Street
from the intersection of Clay and Thirteenth Street to the
intersection of Clay and Eighteenth Street, also on Eighteenth
Street from the intersection of Eighteenth and Couler Avenue,
also on Couler Avenue from the intersection of Eighteenth
and Couler Avenue to Sanford Street, from a single, to a double
track.
Second. —To construct, maintain and operate, in connec-
tion with its lines already in operation, a line of single track
railway, with the necessary side tracks and turn outs, com-
mencing at the intersection of Main and First, or Main and
Second Streets, at the option of the Company, and running
thence east on First or Second Street to Iowa Street, thence
north on Iowa Street to Third Street, thence east on Third to
SPECIAL ORDINANCES. 199
Clay Street, thence north on Clay Street to Thirteenth Street ;
also commencing at the intersection of Main and Thirteenth
Streets, thence northerly on Main Street to Fifteenth Street,
thence east on Fifteenth Street to Clay Street; also com-
mencing at the intersection of Couler Avenue and Nine-
teenth Street, and running thence east on Nineteenth Street
to Jackson Street, thence north on Jackson Street to Lake
Street, thence easterly on Lake Street to High Street, thence
northeast on High Street to' Eagle Point, and it is hereby pro-
vided, that in the event that Lake Street shall hereafter extend
westerly to Couler Avenue, the line of said railway to Eagle
Point shall be so changed as to commence at the intersection
of Couler Avenue and Lake Street; thence east on Lake Street
to High Street, in line of the route on the portions of Nine-
teenth and Jackson Streets, as above specified; it is further
provided, that no cars shall be run on that portion of Clay
Street, between Twelfth and Thirteenth Streets, during market
hours, without the consent of the Council.
Sec. 2. The gauge of the tracks of said Dubuque Street
Railway Company shall be and is hereby fixed at four feet
eight and one-half inches between the highest portion of the
rails; and in changing its railway on Main Street from a single
to a double track, and in constructing the additional lines of
railway authorized in the preceding section of this Ordinance,
said Company shall make use only of a "tram -rail," the width of
which from outside to outside shall not be less than five inches,
and the height along the wagon edge, and from the tram to
the highest part of the rail shall not be more than seven -eighths
of an inch ; a section of the kind of rail proposed to be used,
shall be first submitted to the Council and approved by the
Council. Said Company shall within two years from the
passage of this Ordinance, replace the rails now in use on Thir-
teenth, Clay and Eighteenth Streets, and Couler Avenue from.
Eighteenth Street to Sanford Street, with rails of the kind
above described. Provided, That in the construction of the line
of railway herein authorized from Couler Avenue to Eagle Point
said Company may use rails taken from its line of railway now
in operation, and replaced by said new and approved rails.
Sec. 3. The privilege herein granted to said railway com-
pany, of laying a double track on, Main Street, is upon the
further express condition that said company shall pay to the
City of Dubuque one-half the expense of lowering the surface
of Main Street from First to Eighth Street between the curb-
stones, in such manner and to such an extent as the City Coun-
cil shall determine, and under estimates of the City Engineer,
whose report to the Council on the subject shall be final and
conclusive. The said one-half the expense of reducing the sur-
200 SPECIAL ORDINANCES.
face of said streets ascertained shall be deemed a debt against
said street railway company, payable within thirty days after
the final report and estimate of the City Engineer to the City
Council, of the expense of said work. The provisions of this
Section shall have no force unless the work of- cutting down
the surface of Main Street shall be commenced by the. City
of Dubuque within one year from the date of the taking effect
of this Ordinance.
Sec. 4. In the construction of the additional lines of rail-
way, provided for in the first section of this Ordinance, and
in changing the line on Main Street from a single to a double
track, the tracks shall be placed as near the center of the streets
as practicable, and shall conform as closely as possible to the
surface of the street, and shall be constructed and maintained in
such manner as not to obstruct or interfere with the ordinary
travel on said street. It shall be the duty of the street railway
company in constructing said additional lines of railway and
said double track, to remacadamize the portion of said streets
between the rails and between the tracks, said work to be done
under the supervision and to the approval of the City Engineer ;
said company shall keep the portion of the street between the
rails, where a double track is laid, in perfect repair and condi-
tion. The officer acting as Street Commissioner of the City of
Dubuque shall be judge of the necessity for the repair at any
time, of said portion of any street, and shall have authority to
make such repairs at the expense of the railway company,
whenever said company shall neglect to make the same, after
being notified by said Street Commissioner to do so. Nothing
in this Section shall be construed to operate to relieve said
street railway company from any responsibility for damages
caused by the bad condition of its tracks, or to render the City
of Dubuque liable therefor.
Sec. 5. In the event the City of Dubuque shall at any
time change the mode of paving any street occupied by the
tracks of the Dubuque Street Railway Company, from macad-
amize to any other method of improvement, it shall be the duty
of the said railway company to improve the portions of the
streets between the rails and between the tracks, at its own
expense, so as to conform to the change made by the city, and
in case it shall refuse to do so, the City of Dubuque may cause
the same to be done at the expense of the railway company ;
Provided, The provisions of this Section shall not apply to any
change in the mode of paving within ten years from the taking
effect of this Ordinance.
Sec. 6. The rights and privileges hereby granted shall
cease and determine as to all streets and parts of streets not
occupied with single or double tracks, as herein authorized,
SPECIAL ORDINANCES. 201
within four years from the date of the passage hereof; Provided,
That in case said company shall be delayed by order or injunc.-
tion of any court, or judge thereof, in the construction of any
portion of lines of railway, or double track thereof, the time of
such shall be given to said company for the completion of the
portion of the lines on any street or part of any street, over
and above the time designated in this section, for the construc-
tion and putting in operation of the same.
The provision for additional time is on the express condi-
tion that in case any such injunction or order shall be issued
upon the application of any party other than the City of Du-
buque, said company shall immediately notify the Mayor and
City Attorney of such order or injunction, and thereupon the
Mayor or City Council may instruct the City Attorney to resist
such order or injunction and to obtain a dissolution of the same
or to assist the attorney of the railway company, and in so do-
ing said company shall pay all expenses that - may accrue by
reason of such suit or suits.
Sec. 7. The additional rights and privileges granted by
this Ordinance shall be subject to all the conditions and pro.
visions contained in the Ordinance referred to in the first sec-
tion hereof, and to which this Ordinance is supplemental ; and
nothing herein contained shall be construed to change, impair
or waive any of the provisions or requirements of said Ordi-
nance, nor revive or extend any of the rights or privileges
therein granted and not now in force, except as herein ex-
pressly provided.
Sec. 8. That if at the expiration of its present charter
from the City of Dubuque, as amended by this Ordinance, on
the first day of October, 1887, said Dubuque Street Railway
Company shall have constructed and put in operation within
the time limited in the sixth section of this Ordinance, all
the additional lines of street railway provided for in the first
section of this Ordinance, except from Johnson Avenue to
Eagle Point, and shall have laid and put in operation the double
track on Main Street, in accordance with the provisions hereof,
and shall in all respects have complied with and carried out in
good faith all the provisions, conditions and obligations of this
Ordinance and of the original Ordinance passed October 4,
1867, then said company shall be entitled to an extension of all
rights and privileges now in force, granted by said original
Ordinance and hereby amended for a further term of twenty
years from the First day of October, 1887.
Sec. 9. That said Dubuque Street Railway Company shall
be required within thirty days from the passage hereof, to file
with the Mayor an unconditional acceptance in writing of the
202 SPECIAL ORDINANCES.
provisions of this Ordinance; that on the filing of said accept-
ance this Ordinance shall be published in the official papers of
the city and shall take effect from and after the date of its pub-
lication in the Dubuque Daily Herald. In case said Street
Railway Company fail to file said acceptance within thirty days,
then this Ordinance shall cease to have any further effect.
Adopted July 9, 1883.
Received the letter of acceptance July 11, 1883.
• J. W. HALPIN,
Recorder.
CHAPTER IX.
AN ORDINANCE granting to the Dubuque Street Railway
Company the right to maintain and operate an Electric
Street Railway, over and upon certain streets and public
places in the City of Dubuque, Iowa, by amending the
Ordinance heretofore passed in favor of said company, be-
ing the Ordinance entitled, "An Ordinance authorizing
and regulating Street Railways in the City of Dubuque ;"
and the Ordinance entitled, "An Ordinance granting cer-
tain additional rights and privileges to the Dubuque Street
Railway Company."
Be it Ordained by the City Council of the City of Dubuque :
That the Ordinance entitled "An Ordinance authorizing
and regulating Street Railways in the City of Dubuque," and
the Ordinance entitled "An Ordinance granting certain addi-
tional rights and privileges to the Dubuque Street Railway
Company," are hereby amended so as to read as follows ; and
not otherwise, viz.:
Section T. That permission and authority are hereby
granted to the Dubuque Street Railway Company, its sucessors
and assigns, to maintain and operate its lines of street railway
already laid, and to construct, maintain and operate in connec-
tion therewith, lines of single track street railway with the
necessary side tracks and turnouts as follows : Commencing
at the intersection of Main and First, or Main and Second
streets at the option of the company, and running east on either
First or Second Streets (but not on both) to Iowa Street, then
north on Iowa Street to connect with the tracks now laid at the
intersection of Iowa and Third Streets ; also commencing at or
near Johnson Avenue at the northerly end of the track now
laid on Rhomberg Avenue and running northeasterly on Rhom-
berg Avenue from said Johnson Avenue to Eagle Point. The
tracks now laid on Jones Street, Main Street, Thirteenth Street,
Fifteenth Street, Clay Street north of Thirteenth Street, Eight -
SPECIAL ORDINANCES.
203
eenth. Street and Couler Avenue, being called the main line, and
all other tracks being called branches.
Sec. 2. That said railway shall be operated by electricity,
or any other new or modern improvement or invention, that
may be approved by the City Council, but no steam or animal
power shall be used after January 1, 1891, except in an emerg-
ency, when animal power may be used for 'such length of time
as may be allowed or approved by the Council.
Sec. 3. That said Dubuque Street Railway Company shall
have the right to erect such poles, wires, and other appliances
as may be required to operate said railway, but the construc-
tion of said railway and the erection of said poles, kind of poles,
wires and other appliances, and the location thereof, shall be
under the control of the City Engineer, City Electrician, and
the Committee on Streets, excepting that the City Council shall
designate and determine the kind of poles which said company
may erect on Main Street ; Provided, That the City of Dubuque
hereby reserves the right when ever in the future it may be
deemed advisable, to direct said company, if practicable and
proper, to place its wires under the surface of the streets.
Sec. 4. The cars used shall be of the best modern style
and construction ; they shall be comfortably heated during the
winter months, and shall at all times be properly lighted and
ventilated.
Sec.• 5. Cars may be run at a speed of from six to twelve
miles per hour, whenever such speed can be attained with
safety to the traveling public.
Sec. 6. The said railway shall be constructed on the
established grades of the streets or highways. The tracks,
poles and other structures shall be raised or lowered from time
to time, without expense to the city, to correspond with any
changes that may be made in the grade of said streets.
Sec. 7. Said company and its assigns, shall keep the space
between the rails, and one foot upon each side thereof in good
repair whenever any street or part of street is now or may be
occupied •by the tracks of said Dubuque Street Railway Com-
pany or its assigns ; and the tracks of said railway shall not be
elevated above the surface of the street, and all rails now laid,
and road hereafter constructed, shall be as near as practicable
in the center of the street, and all the rails and railway of (said
company, shall be so maintained, constructed and kept in repair,
that carriages and vehicles can easily cross the same at all
points with the least possible obstruction and •inconvenience.
Sec. 8. Said Dubuque Street Railway Company, its suc-
cessors or assigns, shall remove all snow from that portion or
portions of the street or streets, occupied by its, tracks and
204
SPECIAL ORDINANCES.
roadway, and shall haul the same away to a place designated
by the Street Committee.
Sec. g. That such rails shall be used in the construction
of said railway as may be approved or ordered by the City Coun-
cil, and that the standard gauge of four feet eight and one-half
inches shall be used.
Sec. Io. That whenever said company now occupies any,
street, or shall hereafter construct its tracks upon any street,
that is now or may be macadamized, then it shall be the duty
of said company to pay the cost of macadamizing and remacad-
amizing the space between the rails and one foot upon each side
thereof.
Sec. 1I. That in the event the City of Dubuque shall at
any time change the mode of improving any street occupied,
or which may hereafter be occupied by the tracks of said rail-
way, from macadamizing to any other method of improvement,
it shall be the duty of said company to improve the portion of
the street between the rails, and one foot of the street on each
side thereof at its, own expense, so as to conform to the im-
provement ordered or made by the city.
Sec. 12. That wherever any railway tracks which may
hereafter be laid, or where any of said company's tracks now
laid, excepting on Main Street, pass over a gutter or depression
in the street, said Street Railway Company shall at its own
cost, cover said gutter or depression from curb to curb in such
manner, and with such material as may be directed or approved
by the City Council; and maintain the same so as to admit of
the free passage of water. The City Council may direct said
company to pass through certain gutters on a concave surface.
Upon failure of said company to comply with the requirements
of this section, the city may cause said work to be done at the
expense of said Street Railway Company or assigns.
Sec. 13. The cars of said railway shall commence run-
ning not later than 6 o'clock A. M., and shall cease not earlier
than io :3o o'clock P. M., and shall run during intervals of not
less than 15 minutes apart from each terminus of the main
line. And on allbranches cars shall be operated at intervals
of not more than twenty minutes in each direction. All cars
running after sunset shall be provided with signal lights, in
such colors as the Council may direct or approve. Provided,
however, that on application of said company, the City Council
may by resolution, permit said company to cease running ifs
cars on the branch lines at an earlier hour in the evening than
io:3o P. M., for any time between November 1st and April ist
following of each year, but such permission shall not be given
in any one year for a longer perior than five months. -
SPECIAL ORDINANCES. 205
Sec. 14. The said company shall have the right to use
any fire alarm or other poles now set or which may hereafter
be set, and owned and controlled by the city ; and the city
shall have the right to use the poles of said Electric Railway
for the construction or maintenance of any telephone, tele-
graph, electric light or fire alarm system, or any public use,
in either case the service to be rendered without compensation.
Sec. 15. All cars used on said lines of railway shall be
used for carrying passengers, and the rate of fare for each
passenger traveling from one extreme point of said railway
system to the other shall not exceed five cents, except when
to accomodate the public, cars are run after to :3o P. M., in
which case ten cents may be charged for each person riding.
Sec. 16. Also that the City Council may at any time
hereafter appoint an Electrician at the expense of said com-
pany, or any other person operating any electric system of
electric motor lines or power plants, according to the number
of miles operated by them. The duty of said Electrician shall
be the proper inspection at least once a week of all insulated
wires, or electric wires and connections, and report monthly
to the Council. It shall also be his duty to report all defects
of wires or connections, or any other cause that may be dan-
gerous, immediately to the companies operating said wires and
connections, and if such defects be not at once repaired by them,
it shall be his duty to repair such defects, or cause them to he
repaired, at the expense of such Company.
Sec. 17. Nothing herein contained shall be so construed
as to deprive the City of Dubuque of the right to authorize
other railways to cross any of the tracks herein mentioned.
Sec. 18. In all cases where any team or vehicle shall
meet any car on any of said lines of railway, or either of them,
or shall be overtaken by any car thereon, such team or vehicle
shall give wav to such car. No person shall wilfully or unneces-
sarily obstruct, hinder, delay or interfere with the passage of
any of the cars on either of said lines of railway or tracks, by
placing, or driving, or stopping, or cause to be placed, driven
or stopped any team, vehicle, or obstacle, or thing, in, upon,
along, across or near the track of either of said lines of railway,
after being notified by the conductor, or person in charge of a
car thereon, by the ringing of the car bell or otherwise. All
whoevershall violate any of the provisions of this section shall,
upon conviction thereof, be punished by a fine of not more than
one hundred dollars, or less than five dollars.
Sec. 19. Said company shall construct all the street car
railroad by this Ordinance authorized, and equip and operate
the same ; also all its lines and road now constructed, under
206 SPECIAL ORDINANCES.
conditions and terms of this Ordinance from and after the First
day of July, A. D., 189o; Provided, however, that if said com-
pany shall be restrained from proceeding with the work of
constructing -said railroad by order or injunction of any court,
or shall be hindered or delayed in the said work by reason of
any public improvement being carried on by the City of Du-
buque, or be otherwise delayed, hindered or obstructed in its
said construction, or in the exercise of the rights and privileges
to it herein granted, or permitted under this Ordinance, with-
out fault on its part, the time which it shall so be restrained,
enjoined, hindered or delayed shall be excluded from the time
heretofore prescribed for the completion of the said road, and
shall be allowed to said company in addition to the time above
specified for its completion.
The City of Dubuque, however, shall have, and it hereby
reserves, the right to intervene in any suit or proceeding for
such injunction or restraining order, and to move for a dis-
solution of the same in case it shall deem such suit or proceed-
ing collusive, or for the purpose of delay or to extend the time
herein prescribed for the completion of said road.
Sec. 20. Said company and its grantees and assigns,
shall be liable to any person by reason of the construction and
maintenance of said electric railway and power plant. Should
any action be commenced or prosecuted against the City of
Dubuque, upon any such claim for damage, said company, or
any officer or agent thereof, shall upon being notified of such
suit, defend the same ; and should any judgment be rendered
against the city thereon, the amount of such judgment with
costs shall be recovered against said company in a proper pro-
ceeding, and the record of the judgment against the city shall
be conclusive evidence to entitle the city to recover against such
company.
Sec. 21. That said Dubuque Street Railway Company
and its assigns shall be entitled to enjoy the rights and priv-
ileges hereby granted for the term of twenty-five years from
and after the passage and publication of this Ordinance.
Sec. 22. The City of Dubuque reserves the right to
make all usual and reasonable police regulations concerning
the construction, operation and management of said street rail-
way.
Sec. 23. If said company desires to equip and operate
the lines of railway, heretofore con-structed, under the condi-
tions, rights and burdens, and privileges hereby imposed and
granted to said company, and desires to construct lines on the
additional right of way and streets designated in Section i
hereof, and will accept the privileges of extending its lines on
Rhomberg Avenue and other streets named under the condi-
i
SPECIAL ORDINANCES.
201
tions of this Ordinance, said 'Dubuque Street Railway Com-
pany shall file with the City Recorder by 2 o'clock P. M., of
Friday, April 25, 189o, its acceptance hereof in writing, duly
signed by its president and secretary.
Sec. 24. That if said company shall accept this amend-
ment, and refuse to build, or construct, or equip, or operate
the main line, or the branches herein designated, in accord-
ance with the terms and conditions hereof, that said Company
thereby forfeits to the City of Dubuque all rights and privi-
leges and franchise for street railway purposes in and to the
streets herein designated, on which extensions of lines are
authorized hereby, including Rhomberg .Avenue from John-
son Avenue northeasterly to Eagle Point. And by its accept-
ance hereof agrees that its iron rails may be removed from
said street, or any part thereof, northeasterly from Johnson.
Avenue, and the privileges of constructing and operating a
street railway line on the right of way herein designated may
be granted to any other person or company.
Sec. 25. This Ordinance shall take effect from and after
the date of its publication in the official papers of the City of
Dubuque, but the same shall not be published until after said
company shall have filed its written acceptance of this Ordi-
nance, which acceptance shall include an express assent to this
amendment of the Ordinance mentioned in the title hereof, nor
shall the same be published unless the acceptance is filed within
the time designated in Section 23 hereof.
Adopted April 25, 189o.
ROBT. W. STEWART,
Attest : Mayor.
J. C. FITZPATRICK,
Recorder.
The Dubuque Street Railway Company hereby accepts the
amendment to its Ordinances this day adopted, and expressly
assents to the amendments, and accepts, and agrees to be gov-
erned in all respects by each and singular the sections and pro_.
visions thereof, with all the rights and privileges thereby con-
ferred, and assumes each and all the burdens and obligations
imposed upon the said company.
Signed this 25th day of April, 189o.
DUBUQUE STREET RAILWAY COMPANY,
By J. A. RHOMBERG,
BART E. LINEHAN, President.
Sec. D. St. Ry.
Filed and approved at 2 P. M., this April 25th, 189o.
ROBT. W. STEWART, Mayor.
Published in the Telegraph, May 15, 189o.
208
SPECIAL ORDINANCES.
CHAPTER X.
AN ORDINANCE granting to the Dubuque Street Railway
Company the right to erect an electric light and power sta-
tion in the City of Dubuque :
Be it Ordained by the City Council of the City of Dubuque:
Section I. The Dubuque Street Railway Company, their
successors and assigns, are hereby authorized, and authority is
hereby granted to them to use the streets and alleys of the City
of Dubuque for the purpose of furnishing electric power and
lights throughout the City of Dubuque.
Sec. 2. All poles erected under this ordinance shall be
placed at such points on the streets and alleys as shall be desig-
nated by the City Engineer and the Committee on Streets, and
shall be erected, and wires strung thereon, under the , super-
vision of, and subject to the inspection and control of the En-
gineer and Committee on Streets ; said poles, wires, appliances
and structures shall be built upon the most approved method,
so as to interfere as little as practicable with all other public
uses of said streets, and both material and workmanship shall.
be the best of their class and kind.
Sec. 3. The said grantees shall not unnecessarily obstruct
any street or alley, and shall within a reasonable time repair all
damage done any street, alley or sidewalk under the direction
of the Committee on Streets, and the Street Commissioner, and
if said grantees fail to comply with the terms of this section, the
city may cause such repairs to be made and for the expense
thereof said company shall be liable to the City of Dubuque.
Sec. 4. Said grantees shall be liable to any person injured -
by reason of the construction and maintenance of said electric
light and power plant. Should any action be commenced or
prosecuted against the City of Dubuque upon any such claim
for damage, said grantees or their agent shall, upon being noti-
fied of such suit, defend the same, and should any judgment be
rendered against the city thereon, the amount of such judg-
ment, with costs, shall be recovered against said company in. a
proper proceeding, and the record of the judgment_. against the
city shall be conclusive evidence to entitle the city to recover
against said grantee.
Sec. 5. The duration of this ordinance shall be twenty-
five years from the time of its adoption.
Sec. 6. The City of Dubuque reserves the right to make
all reasonable and proper police regulations concerning the
operation and construction of said plant.
Sec. 7. The rights herein granted are upon condition that
SPECIAL ORDINANCES. 209
said grantees shall within one year from the passage of this
ordinance have constructed and in full operation, the plant for
supplying said electricity and for the other purposes contem-
plated herein, and any failure so to do shall work a forfeiture
of this franchise ; said forfeiture shall take effect from and after
-the passage of a resolution. by the City Council to that effect.
Sec. 8. This ordinance shall be in force and effect from
and after its passage and publication in the official paper of the
city, and its formal acceptance in writing by said grantees.
Sec. 9. The City of Dubuque reserves the right to require
said grantees to place the wires of said electric light and power
system under the surface of the streets, if at any time in the
future the city deem it advisable so to do.
Sec. Io. After said electric light plant shall have been
erected, said grantees shall extend the wires along any street,
alley or avenue in the city, whenever the City Council shall
order the same, and furnish to the city and its inhabitants along
the line of such street, alley or avenue, whenever the City Coun-
cil shall order the same, such quantity of light and power as
may be required by said inhabitants ; Provided, That the City
Council shall order at least an average of one arc light for every
2,000 feet of wire (measured one way) so extended, to be at-
tached for the use of the city, and to be paid for by the city at
the usual or fixed rates.
Sec. II. Also, Provided, That the City Council may at any
time hereafter appoint an Electrician at the expense of the said
grantees or any other person operating any electric system of
electric motor lines or power plants, according to the number of
miles operated by them. The duty of said Electrician shall be
the proper inspection, at least once a week, of all insulated
wires and connections, and to report monthly to the Council.
It shall also be.his duty to report all defects of wires or connec-
tions, or any other cause that may be dangerous, immediately
to companies operating said wires and connections, and if such
defects be not at once repaired by them, it shall be his duty to
repair such defects, or cause them to be repaired, at the ex-
pense of such company or grantees.
Sec. 12. The Dubuque Street Railway Company shall file
with the City Recorder, a written acceptance of this ordinance
within twenty days after the date of its final passage, otherwise
it shall absolutely become null and void. If this ordinance shall
be accepted by said Dubuque Street Railway Company within
the time specified, it shall, thereupon, be published in the official
newspapers of the city, and take effect and be in force from and
210 SPECIAL ORDINANCES.
after the date of its publication in the Dubuque Daily Telegraph.
Adopted August 4, 189o.
ROBERT W. STEWART,
Attest : Mayor.
J. C. FITZPATRICK,
Recorder.
Dubuque, Iowa, August 20, 189o.
To the Honorable Mayor and City Council of the City of Du-
buque:
Gentlemen : We hereby accept the ordinance passed
August 4, by your Honorable Body, granting us the right to
operate and maintain an electric light and power plant in the
City of Dubuque.
DUBUQUE STREET RAILWAY COMPANY,
By J. A. RHOMBERG,
BART E. LINEHAN, President.
Secretary.
CHAPTER XI.
AN ORDINANCE authorizing the Dubuque Street Railway
Company to extend, construct and maintain a double
track on Jones Street, from Main Street to the main track
of the Illinois Central railroad in the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section i. That the Dubuque Street Railway Company
be, and is hereby granted the right and authority to extend its
double track easterly from the present southerly terminus of
the same, at the intersection of Main and Jones streets, on and
along Jones Street, to the main track of the Illinois Central
railroad; and to maintain and operate said extension as a part
of its main system of street railways in the City of Dubuque.
Sec. 2. That the right granted in the preceding section,
shall be subject to all the conditions, restrictions and reserva-
tions so far as practicable, contained in an Ordinance adopted
April 25, 189o, entitled "An Ordinance granting to the Dubuque
Street Railway Company the right to maintain and operate an
Electric Street Railway over and upon certain streets and pub-
lic places in the City of Dubuque, Iowa," by amending the ordi-
nance heretofore passed in favor of said company, "authorizing
and regulating street railways in the City of Dubuque," and
the several amendments thereto.
SPECIAL ORDINANCES. 211
Sec. 3. That the extension of said double track shall be
fully complete on or before the First day of October, 189o, or
otherwise this Ordinance shall become absolutely null and void.
Sec. 4. That the right and authority herein granted shall
be accepted by the Dubuque Street Railway Company within
ten days after the approval of this Ordinance by the Mayor,
or its final passage by the Council, otherwise it shall have no
force or validity.
Sec. 5. This Ordinance shall be published in the official
newspapers of the city, and shall take effect from and after
the publication in the Dubuque Daily Telegraph.
Passed by the City Council this 3rd day of September, 189o.
Approved September 8, 189o.
ROBT. W. STEWART,
Attest : Mayor.
J. C. FITZPATRICK,
Recorder.
Dubuque, Sept. 4, 189o.
To the Honorable Mayor and Board of Aldermen of the City
of Dubuque :
We hereby accept the Ordinance granting us the right of
way for a double track on. Jones Street from the Corner of
Main to the Illinois Central main track, passed by you Septem-
ber 3, 189o.
DUBUQUE STREET RAILWAY COMPANY,
By J. A. RHOMBERG,
BART E. LINEHAN, President.
Secretary.
Ordinance published in the Telegraph September To, 189o.
CHAPTER XII.
AN ORDINANCE authorizing the Dubuque Street Railway
Company to construct, and maintain and operate, in con-
nection with the street railway lines already in operation,
an additional track on Clay Street in the. City of Dubuque,
from the south side of Thirteenth Street to the north side
of Fifteenth Street.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That the Dubuque Street Railway Company
be and is hereby granted the right and authority to construct,
maintain, and operate in connection with its lines of street rail-
212 SPECIAL ORDINANCES.
way, already in operation in said city, an additional track on
Clay Street, from the south side of Thirteenth Street to the
north side of Fifteenth Street.
Sec. 2. That the right granted in the preceding section
shall be subject to all the conditions, restrictions and reserva-
tions, so far as applicable, contained in an Ordinance adopted
April 25, 189o, granting to said Dubuque Street Railway Com-
pany certain additional rights and privileges, and authority to
make certain extensions.
Sec. 3. That the construction of said additional track shall
be completed and in operation on or before the First day of
June, 1892; otherwise this Ordinance shall become absolutely
null and void.
Sec. 4. That the right and authority herein granted shall
be accepted by the Dubuque Street Railway Company within
ten days after the approval of this Ordinance by the Mayor,
otherwise it shall have no force or validity.
Sec. 5. This Ordinance shall be published in the official
papers of the city, and shall take effect from and after its pub-
lication one time in the Dubuque Daily Telegraph newspaper.
Passed by the City Council on the First day of February,
1892.
CHAS. J. W. SAUNDERS,
Attest : Mayor.
J. C. FITZPATRICK,
Recorder.
CHAPTER XIII.
AN ORDINANCE to regulate the conduct and language of
persons in and about the Dubuque Street Railway Cars and
Buildings.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That all drivers, conductors, or employes of the
Dubuque Horse Railroad Company are hereby made special po-
lice officers, without any salary to be paid by the city, and are
authorized and empowered to arrest and prosecute before any
justice of the peace, any and all persons who shall be found in
or around the cars or buildings used or occupied by said rail-
way company, and such employe so empowered shall preserve
order in and about the cars, and any and all persons behaving
in an indecent or disorderly manner, or using obscene or in-
M.
SPECIAL ORDINANCES. 213
decent language, shall be liable to arrest, and to the penalties
hereinafter described.
Sec. 2. Any and all persons who shall conduct themselves
in an indecent or disorderly manner, or shall use obscene or.
indecent language, in or about the cars or premises of said com-
pany, shall forfeit and pay a sum not less than five nor more
than fifty dollars for each and every offense, when found guilty
by any justice of the peace, or in any court having jurisdiction
within the city. .
Sec. 3. Any person who shall unnecessarily obstruct, or
delay the operation of any street railway car, shall be fined in
any sum not less than five nor more than fifty dollars, when
found guilty by any justice of the peace, or court of jurisdiction
within this city.
CHAPTER XIV.
AN ORDINANCE to amend an Ordinance entitled "An Ordi-
nance granting to the Dubuque Street Railway Company
the right to maintain and operate an Electric Street Rail-
way over and upon certain streets and public places in the
city of Dubuque, Iowa," by amending the Ordinance here-
tofore passed in favor of said company, being the Ordi-
nance entitled "An Ordinance authorizing and regulating
Street Railways in the City of Dubuque," and the Ordi-
nance entitled "An Ordinance granting certain additional
rights and privileges' to the Dubuque Street Railway
Company."
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That the Ordinance adopted on the twenty-fifth
day of April, 1890, granting to the Dubuque Street Railway
Company the right to maintain and operate an electric street
railway over and upon certain streets and public places, in the
City of Dubuque, be and the same is hereby amended by add-
ing to the first section the following words, to -wit : "And also
on Couler Avenue from the Peru road to the northerly limits of
the City of Dubuque."
Sec. 2. That the additional right granted to the Dubuque
Street Railway Company in the foregoing section of operating
its line of railway on Couler Avenue, from the Peru road to the
northerly limits of the city, shall be subject to all the require-
ments, conditions and reservations contained in the Ordinance
to which this Ordinance is amendatory and supplemental so far
as applicable ; and the Dubuque Street Railway Company espec-
214 SPECIAL ORDINANCES.
ially agrees to operate its cars in conformity with all require-
ments so as to operate and run a car between Peru road and the
main entrance to the Dubuque Driving Park at least three
times each day as follows : One car to leave said Dubuque
Driving Park at 6 :3o A. M., daily ; one car to leave said Du-
buque Driving Park at i o'clock P. M., daily ; and one car to
leave said Dubuque Driving Park at 7:15 P. M., daily.
The fare to said Dubuque Driving Park from any part of
the city on the line of the Dubuque Street Railway Company
shall be five cents, and from said Dubuque Driving Park to
any part of the city on the line of the Dubuque . Street Rail-
way shall be five cents ; and in case of non-compliance on the
part of the Dubuque Street Railway Company to operate its
cars to the above named place (the Dubuque Driving Park)
at least as often as above mentioned, then the City Council may,
by resolution, by a member of the City Council at a regular
or special session, revoke- all rights and privileges granted by
this Ordinance, and the City Council may instruct the City
Marshal to remove the tracks of said Dubuque Street Railway
Company at the expense of said company between the Peru
Road and the northern limits of the city.
And the City of Dubuque further reserves the right to
designate and specify upon what portion of said avenue the
tracks of said railway shall be placed between the points here-
inbefore mentioned.
Sec. 3. Said street car track shall be completed and in
operation under the terms of this Ordinance by the First day
of May, 1892.
Sec. 4. : That the Dubuque Street Railway Company shall
file with the City Recorder a written acceptance of this Ordi-
nance within ten days after its passage and approval by the
Mayor; otherwise it shall become null and void. If this Ordi-
nance shall be accepted by said Dubuque Street Railway Com-
pany within the time herein specified, it shall thereupon be
published in the official newspapers of the city, and shall take
effect and be in force from and after the date of its publication
in the Dubuque Daily Telegraph.
Adopted August 3, 1891.
CHAS. J. W. SAUNDERS,
Attest :
J. C. FITZPATRICK,
Recorder.
Published August 6, 1891.
Mayor.
.,.a
SPECIAL ORDINANCES.
CHAPTER XV.
215
AN ORDINANCE providing for the extension of the right of
the Dubuque Street Railway' Company to lay its tracks
and to maintain and operate a street railway over and
upon certain streets and public places in the City of Du-
buque.
Be it Ordained by the City Council of the City of Dubuque :
Section i. That in consideration of the faithful perform-
ance of the conditions ;hereinafter specified, the rights and priv-
ileges now held and enjoyed by the Dubuque Street Railway
Company of laying its tracks and maintaining and op-
erating a street railway over and upon certain streets
and public places in the City of Dubuque, be and the
same are hereby extended for the additional period of thirty-
three years from and after the twenty-fifth day of April, A. D.
1915.
Sec. 2. That the rights and privileges hereby extended
shall be subject to all the conditions and reservations specified,
expressed and embodied in the several ordinances granting said
rights and privileges, and the amendments thereto as contained
and comprised in Chapters Eighty-six, Eighty-seven, Eighty-
eight, Eighty-nine, Ninety, Ninety-one, Ninety-two, Ninety-
three, of the Revised Ordinances of 1893.
Sec. 3. That in consideration of the extension of the
rights and privileges heretofore granted to said Dubuque
Street Railway Company, as provided and expressed in the first
section of this Ordinance the said Dubuque Street Railway
Company expressly agrees, stipulates and binds itself, its suc-
cessors and assigns, to construct, create, establish, and perma-
nently maintain a park and pleasure resort on both sides of the
Maquoketa river at Sageville on Sections . Thirty-three and
Thirty-four of Peru Township, Dubuque County, Iowa, and to
form, create, establish and permanently maintain in said park,
and in connection therewith, and as a part thereof, a lake to he
created by damming the waters of the Maquoketa river, by
meansof a dam across said river at a point about one hundred
feet west of the present (so-called) Thompson's Mill in said
township.
Sec. 4. Said dam shall be constructed not less than twen-
ty-five feet in height and of a length sufficient to extend across
and close the entire space between the opposite banks of the
river at the point designated in the preceding section. It shall
be built and constructed in a scientific and substantial manner,
and shall present, when completed, as far as possible, consis-
tently with its object and strength, a neat and artistic appear
,216
SPECIAL ORDINANCES.
ance. The plans and specifications for the construction of said
dam shall be submitted to, and be subject to the approval of
the City Council under the advice of the City Engineer. Pro-
vided, That in case the construction of said dam to the height
of twenty-five feet, as herein specified, shall be found to cause
such a rise and backing tip of the water of the proposed Fake
as to injure or endanger the bridge of the Chicago Great West-
ern Railway over the Maquoketa river, or the embankment of
the said railway adjacent thereto, the height of said dam may
be reduced sufficiently to prevent such injury.
Sec. 5. The said Dubuque Street Railway Company fur-
ther agrees and binds itself to extend, construct and perma-
nently operate and maintain its line of railway from the present
terminus of the same at Nutwood Park to the boundary of the
said park at Sageville, and that the service of the cars on said
line of railway to said park shall be as follows :
From. May 1st to October i st in each year, the first car
shall leave the power house of the company for said park at
6 a. m. each day, and leave said park at 6:30 a. m: ; and the
cars shall continue to make half hourly trips to and from said
park until 9 p. m.
During the remaining months of each year, from October
i to May i, the first car in the morning shall leave the power
house for said park at 6 a. m. each day, and leave said park
to return at 7 a. m. each day, and the cars shall thereafter con-
tinue to make hourly trips to and from said park until 9 p. m.
It is hereby provided that the City Council ,reserves 'the
right to regulate the service of the Dubuque Street Railway
Company, provided said regulation shall be reasonable.
That in the event of the purchase by the Dubuque Street
Railway Company of either or both of the other now existing
street railway lines in the City of Dubuque, or in the event of
the combination or consolidation of the Dubuque, Street Rail-
way Company with either or both of said lines, the. Citv shall
have the right to demand and receive full service over all lines,
excepting where they parallel one another, and to enforce all
the requirements of this Charter against such combined or con-
solidated or purchased lines, and against the then existing com-
pany, That no street shall be abandoned without the consent
of the City and then when so abandoned the right of way so
abandoned shall, revert to the City. That in the event of the
purchase, combination or consolidation of said Dubuque Street
Railway Company with the, oth:.r existing companies and lines,
on fare shall be good and sufficient to one destiration over
any line and branches within the corporate limits of tie City of
Dubuque.
va
SPECIAL ORDINANCES. 217
Sec. 0. That ti,e rates of fare from the present terminus
to said park shall not exceed five cents each way, and the fare
from any part of the city to said park shall not exceed the sum
of ten cents each way.
Sec. 7. That the extension of the franchise provided for in
Section One hereof, is granted on the following express con-
ditions, to -wit
That said park shall be fully created, formed, and estab-
lished, and said dam constructed and completed and in success-
ful use for the purpose intended, as hereinbefore specified and
the line of street railway extended, completed, and in success-
ful operation to said park, within three years from the date of
the taking effect of this ordinance ; and it is hereby expressly
stipulated and provided, that in case of the failure or neglect
of said Dubuque Street Railway Company to faithfully comply
with and carry out each and all of the conditions and require-
ments of this section within the time herein stipulated the •said
extension of the rights and privileges provided for and granted
in the first section of this ordinance shall thereupon become ab-
solutely null and void, and without force or effect. Provided
that in case said company shall be delayed by order or injunc-
tion of any court, or judge thereof, in the construction and
maintenance of said dam, or tjie creation of said lake, or the
laying out and establishment of said park, or the extension of
its line of railway, the time of such delay shall be given to said
company in addition to the three years above specified, for the
complete performance of said conditions.
The foregoing provision for additional time is on the ex-
press condition that in case any such injunction or order shall
be issued upon the application of any party other than the City
of Dubuque said company shall immediately notify the Mayor
and City Attorney of such order or injunction, and thereupon
the Mayor or City Council may instruct the City Attorney to
resist such order or injunction, and obtain a dissolution of the
same, or to assist the attorney of the railway company in so
doing, and said company shall pay all expenses that may accrue
by reason of such suit or suits.
Sec. 8. That as a further consideration for the extension
of franchise granted in Section One it is hereby expressly pro-
vided that at any time after the City of Dubuque shall have
attained a population of seventy-five thousand inhabitants ac-
cording to the last preceding national or state census, the City
Council of said city shall have the right to impose a reasonable
license on the cars used or operated by said company on its line
of railway within the limits of said cityi but no such license shall
be exacted on any cars not in actual use, nor on any cars Used
218 SPECIAL ORDINANCES.
only during a portion of each year, except in proportion to the
time such cars shall be in actual use.
Sec. 9. That it is hereby further agreed and stipulated
that said company shall transport free of charge on its cars, as
ordinary passengers, all policemen and firemen regularly em-
ployed as such by the City of Dubuque, when in the uniforms
of their respective departments.
Sec. 10. That as an additional consideration for said ex-
tension of franchise, it is further expressly stipulated and pro-
vided that at any time after the 25th day of April, A. D. 1915,
the City of Dubuque, upon giving six months' notice in writing
duly served, shall have the right to purchase from the Dubuque
Street Railway Company, its successors or assigns the entire
plant of the said company, and all property connected with the
operation of its line of railway including its electric light and
power houses and machinery, and electric lighting system if
then in operation ; street railway lines, and cars used thereon,
and the park, lake and dam hereinbefore provided for, at such
price as may be agreed upon by the City Council and said street
railway company, its successors and assigns. In case of a dis-
agreement, 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 railway company, and the
fifth by the four thus chosen. Such ascertained price shall be
subject to the acceptance or rejection of the City Council, and
said railway company shall not be allowed to sell said railway
system and other property to any person, company, or corpor-
ation, without first giving the City Council the refusal to pur-
chase at the same rates.. as offered by others Provided, that
no purchase shall be made by the City Council until the terms
agreed upon, or settled by arbitration 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. In case of the exercise
by the City of Dubuque of the right of purchase, as herein pro-
vided, the said city shall take said railway lines and the other
property connected therewith, as above specified, subject to all
valid liens thereon, previously created by said company, lot
work, labor or maintenance of the same, or money borrowed by
mortgage of the property or any portion thereof.
And it is hereby expressly agreed and stipulated that said
railway company shall not encumber its said railway lines or
other property by mortgage or otherwise, to a greater amount
than three hundred thousand dollars, without the express con-
sent and approval of the City Council.
It is further expressly provided thatin case the City of
SPECIAL ORDINANCES. 218 A
Dubuque shall determine to exercise the right to purchase said
street railway system and other property, as provided in this
section, the franchise of said company shall not be included in
the valuationa,of the same, whether settled by agreement or
arbitration, but shall revert to the City of Dubuque.
Sec. 11. It is further agreed and stipulated, that if at any
time hereafter, the limits of the City of Dubuque shall be 'ex-
tended in such a manner as to include the park and lake here-
inbefore specified and provided :for, the said park and lake with
all improvements thereon, including water craft, shall be free
and exempt from assessment and taxation for municipal pur-
poses, so long as said park and'lake shall be used and main-
tained as a public resort and pleasure ground.
Sec. 2. That as an additional consideration for said ex-
tension it is hereby further expressly provided that for the bene-
fit of the working people of Dubuque, said railway company
during the entire period of the franchise, shall constantly keep
on hand at its principal office, half -fare tickets for sale to labor-
ers, mechanics and workwomen and working girls at the rate
of two and one-half cents each, good during the hours from six
to seven in the morning, and six to seven in the evening, foil -
passage one way from one extreme point of its line of railway
to the other, within the city limits.
Sec. 13. That as a further consideration for the extension
of the franchise herein granted the said Dubuque Street Railway
Company, for itself, successors and assigns, hereby promises
and agrees to pay to the City of Dubuque, within the time fixed
by said City of Dubuque for the payment of same, all taxes,
assessments and special assessments now claimed, or which
may hereafter be claimed by the. City of Dubuque from said
Dubuque Street Railway Company on account of improvements
already made on streets occupied by said Dubuque Street Rail-
way Company in said City of Dubuque ; and said Dubuque
Street Railway Company, for itself, its successors or assigns,
waives any defense they may have to said claim for taxes,
assessments and special assessments, and further agrees to
waive and does waive any irregularity or illegality in the Bevy
of taxes, assessments and special assessments by said City of
Dubuque against the property, both real and personal, of the
said Dubuque Street Railway Company for said improvements
already made on streets occupied by said Dubuque Street Rail-
way Company in the City of Dubuque, Iowa.
Section 14. That it is expressly stipulated and understood
that this Ordinance when accepted by the Dubuque Street Rail-
218 B SPECIAL ORDINANCES.
way Company shall be construed to be a mutual contract be-
tween the City of Dubuque and said company and all its pro-
visions and conditions binding upon both parties.
Sec. 15. That it is further expressly stipulated and under-
stood that the said extension of franchise is granted on the
express condition that all the provisions and agreements con-
tained in this Ordinance shall be faithfully observed and carried
out by said company, and that in case of any failure on its part
to comply with said conditions, the grant of said extension of
franchise shall become null and void, and the City Council may
by resolution declare the same forfeited. Provided, that
whether a substantial breach or violation of any of the pro-
visions of this Ordinance shall have been committed, shall be
determined by the judicial declaration of a court of competent
jurisdiction before a forfeiture of the rights of said company
under this Ordinance shall be declared by the City Council.
Sec. i6. The Dubuque Street Railway Company shall file
with the City Recorder a written acceptance of this Ordinance
within fifteen days after its pas ;age by the Council ; otherwise
it shall become absolutely null and void. If •this Ordinance
shall be accepted by said company within the time herein speci-
fied it shall thereupon be published one time in the Dubuque
Daily Telegraph newspaper, and take effect and be in force
from and after such publication.
Adopted the 15th day of July, 1897.
Approved the 29th day of July, 1897.
Attest : T. T. DUFFY,_
L. M. LANGSTAFF, Mayor.
City Recorder.
Dubuque, July 29, 1897.
We hereby accept the Ordinance entitled- "An Ordinance
providing for the extension of the right of the Dubuque Street
Railway Company to lay its track and to maintain and operate
a street railway over and upon certain streets and public places
in the City of Dubuque," passed by the City Council at its reg-
ular session on July 15, 1897.
DUBUQUE STREET RAILWAY CO.,
J. H. RHOMBERG,
Supt. and Treas.
C. H. MEYER,
Secretary.
Published in the Dubuque Daily Telegraph July 3o, 1897.
MEI
SPECIAL ORDINANCES. 219
CHAPTER XVI.
AN ORDINANCE authorizing the Dubuque Street Railway
Company to construct, maintain, and operate in connection
with its street railway lines already in operation, an addi-
tional track in the alley between Ninth and Tenth Avenues
in Ham's Addition extending from Rhomberg Avenue to
Lincoln Avenue, and thence east on and along Lincoln
Avenue to the right of way of the Chicago, Milwaukee
and St. Paul Railway ; also an additional track on and along
Lincoln Avenue extending southwesterly from said alley
between Ninth and Tenth Avenues, Ham's Addition, to a
point two hundred feet from said alley.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the Dubuque Street Railway Company
be, and is hereby granted the right and authority to construct,
maintain and operate in connection with its lines of street rail-
way already in operation in the City of Dubuque, the following
additional tracks, to -wit, in the alley between Ninth and Tenth
Avenues in Ham's Addition, from Rhomberg Avenue to Lin-
coln Avenue, and thence east on and along Lincoln Avenue
to the. right of way of the Chicago, Milwaukee and St. Paul
Railway ; also, an additional track on Lincoln Avenue extend-
ing southwesterly from said alley between Ninth and Tenth
Avenues to a point on Lincoln Avenue two hundred feet from
said alley.
Sec. 2. That the rights and privileges granted in the pre-
ceeding section shall be subject to all the conditions, restric-
tions and reservations so far as applicable, contained in the
original Ordinance granting a franchise to said Company, pass-
ed October. 4, 1867, and in all subsequent Ordinances amending
the same, or granting additional rights, privileges or exten-
sions to said railway company ;and also to all the provisions
and conditions, so far as applicable, of Chapters 10o and Tot, of
the Revised Ordinances of 1893; concerning outside construc-
tions for elctric light and power, and other electrical purposes ;
and as providing for compensation for the City Electrician and
designating who shall pay for the same.
Sec. 3. That as a .further condition of the grant of addi-
tional right of way to said railway company, contained in the
first section of this Ordinance, it is provided that the construc-
tion of said extensions of track shall be fully completed and in
operation within one year from the date of the taking effect of
this Ordinance.
megi
220 SPECIAL ORDINANCES.
Sec. 4. That as a further consideration for, and condition
for the grant of additional right of way, contained in the first
section of this Ordinance it is hereby expressly provided and
stipulated that said Dubuque Street Railway Company shall in
no case make or raise any legal objection to any special assess-
ment made by the Cit_. Council of the City of Dubuque against
said company, or its lines of street railway, levied in accord-
ance with the provisions of the Code of Iowa, and the Ordi-
nance of the City, for the purpose of defraying the cost of pav-
ing or macadamizing the portion of any street or highway be-
tween the rails and one foot upon either side thereof and in
case of double track, between the tracks, of any line of street
railway owned by said company in the City of Dubuque, and
will waive one and all objections on account of any alleged
illegality, irregularity, informality, or unconstitutionality of
such special assessment, and will pay all such special assess-
ment and the installments thereof and interest when due in the
manner provided by the City Ordinances regulating the same.
Sec. 5. That as a further condition of the grant of right
of way contained in the first section hereof, it is hereby ex-
pressly provided that said street railway company shall grant
transfer privileges by checks at all junctions and crossings of its
own lines to such passengers as may request the same ; said
transfer checks to be good for passage from the junction or
crossing where given, on the first connecting car passing in the
desired direction, and on no other car. Provided, That the
details of effecting and regulating the transfer of passengers
from one branch of the line of said railway to another shall be
subject to the control of the City Council.
Sec. 6. That said Dubuque. Street Railway Company shall
file with the City Recorder an acceptance in writing of this
Ordinance within five days after its passage and approval by
the Mayor ; otherwise itshall become .absolutely null and void.
If accepted by said company within the time herein specified,
it shall thereupon be published one time in the Dubuque Daily
Telegraph newspaper, and take effect and be in force from
and after such publication.
Adopted November 16, 1899.
Approved November 17, 1899.
Attest : C. H. BERG,
L. M. LANGSTAFF, Mayor.
City Recorder.
1
SPECIAL ORDINANCES. 221
Dubuque, Iowa, Nov. 20, i899.
We hereby accept the Ordinance in relation to extension
granted by the City Council of the City of Dubuque, Iowa,
November 16, 1899.
DUBUQUE STREET RAILWAY COMPANY,
By BART. E. LINEHAN,
D. E. LYON, President.
Secretary.
Published in the Dubuque Daily Telegraph newspaper,
November 24, 1899.
L. M. LANGSTAFF,
City Recorder.
CHAPTER XVII.
AN ORDINANCE granting to the Dubuque Street Railway
Company an extension of time for a period of two years,
for the construction of a lake and park at Sageville, and
the construction of its line of street railway to the bound-
ary of said park, and to amend Section Seven of an Ordi-
nance, relating thereto, p-assed July 15, 1897, and approved
July' 29, 1897.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That an extension of time for an additional
period of two years be and is hereby granted to the Dubuque
Street Railway Company for the construction of a lake and
park at Sageville and the construction of its line of street rail-
way to the boundary of said park as provided for in Sections
3, 4, 5, 6, and 7, of an Ordinance relating thereto passed July
15, 1897, and approved July 29, 1897, and that said Section 7 of
said Ordinance be and is hereby amended by striking out the
word three where it occurs in the twelfth and thirty-fourth line
of said Section and inserting the word "five" in. lieu thereof ; the.
intent and meaning thereof being that said Dubuque Street
Railway Company shall have five instead of three years from
the date of taking effect of the Ordinance aforesaid, on July
3o, 1897, in which to make the improvements hereinbefore
specified.
Sec. 2. That nothing herein shall be construed to affect
or alter any of the other conditions or reservations contained
or expressed in said Ordinance.
Sec. 3. That if the provisions of this Ordinance shall be
accepted by the. Dubuque Street Railway Company, it shall be
published one time in the Dubuque Daily Telegraph newspaper,
222
SPECIAL ORDINANCES.
and take effect and be in force from and after such publication.
Approved February 26, 1900.
C. H. BERG,
Attest : Mayor.
L. M. LANGSTAFF,
City Recorder.
Published in the Dubuque Daily Telegraph, February 28,
1900.
L. M. LANGSTAFF,
City Recorder.
The Dubuque Street Railway Company hereby accepts the
provisions of an Ordinance passed by the City Council of the
City of Dubuque on the 26th day of February, 1900, entitled an
Ordinance granting to the Dubuque Street Railway Company
an extension of time from a period of two years for the con-
struction of a lake and park at Sageville, and the construction
of its line of street railway to the boundary of said park, and to
amend Section Seven of an Ordinance relating thereto, passed
July 15, 1897, and approved July 29, 1897.
DUBUQUE STREET RAILWAY COMPANY,
By BART. E. LINEHAN,
President.
CHAPTER XVIII.
AN ORDINANCE granting to the United States Electric
Light and Power Company of Iowa, the right to erect
poles, wires and other fixtures in the streets, alleys and
public parks of the city, for illuminating and other pur-
poses.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That the United States Electric Light and
Power Company of Iowa is hereby authorized and empowered
to erect and maintain proper poles, racks, wires, including
district and time telegraph wires, and other fixtures, in the
streets, alleys and public parks of the city, for the term of
twenty years, for the purpose of establishing and maintaining
a proper plant for the supply to said city and its inhabitants,
of electric illumination, by means of the arc and incandescent
system of electricity, and of power by means of dynamics, and
for other purposes.
Sec. 2. That said company shall erect and maintain its
poles, wires, and other fixtures pertaining to such plant in
said city, along and through the alleys therein, whenever the
SPECIAL ORDINANCES. 223
same can be done, and no poles shall be placed in any of the
streets of said city, unless the same shall be deemed of abso-
lute necessity to the proposed system, in the opinion of the
City Council of said city.
Sec. 3. That said company shall not unnecessarily ob-
struct any street or alley in said city, in erecting, maintain-
ing or repairing its poles, wires and other fixtures, or allow
any street or alley, or other place, to become obstructed, or
to remain in a dangerous condition, and shall within a reason-
able time repair all damages done any street, alley or side-
walk, gutter or other public place. And all excavations, or
other interference with the streets or alleys, and the general
work of constructing said electric plant, and the placing of
poles therefor, shall be under the direction and by the consent
of the City Council of said city. In case of the failure of
said company to remove any obstructions upon the streets,
alleys, or places of the City of Dubuque, which may be placed
or allowed by them to remain thereon; or should any street,
alley or public place become out of repair, by reason of the
defective repairs made by said company, the city may cause
necessary and proper repairs to be made, and for the expense
thereof said company shall be liable to the City of Dubuque.
Sec. 4. Said company shall be liable to any person suf-
fering any injury or damage occasioned by the erection, con-
struction or maintenance of said plant, as herein set forth, and
for any damage of whatever kind occasioned by erecting,
maintaining or operating the business of said company.
Should any action or proceeding be commenced or prosecuted
against the City of Dubuque, upon any claim whatever for
damage, loss or injury to any person or property, arising out
of the erection, maintenance or operation of said plant, the
agents or managing officers of said company, shall, upon being.
notified of such suit or proceeding, defend the same, and should
any judgment be rendered against the city thereon, the amount
of such judgment with costs shall be recovered against said
company 'in a proper proceeding, and the record of the judg-
ment against the city shall be conclusive evidence to entitle
the city to recover against said company.
Sec. 5. The rights herein granted are expressly condi-
tioned that said company shall within three years from the
passage hereof, erect and construct within the City of Du-
buque, the proper plant for supplying electricity, and for the
other purposes above contemplated, and any failure to so do
shall work a forfeiture of this franchise.
Passed September lo, 1883.
• 224 SPECIAL ORDINANCES.
CHAPTER XIX.
•
AN ORDINANCE granting to the Dubuque Butchers' Asso-
ciation the right to erect a general slaughter house, and
imposing certain obligations in relation thereto.
Be it Ordained by the City Council of the City of Dubuque :
Section I. Whereas, The Dubuque Butchers' Associa-
tion, an incorporation under the laws of the State of Iowa,
propose to erect and maintain on Lots 429 and 43o, East Du-
buque, in the City of Dubuque, a large and improved slaughter
house, and necessary yards, stables, etc., with facilities ade-
quate to do all the slaughtering of animals required for con-
sumption in said city; and,
Whereas, The said Association has submitted to the City
Council plans and specifications, showing the general plan,
construction and material of the buildings proposed to be
erected as aforesaid, and which plans and specifications have
been examined and approved by the City Council ; and,
Whereas, It is for the interest of the city that such a
building should be constructed and maintained wherein all
the slaughtering required in said city may be done, provided
the same can be operated without becoming a nuisance or
deleterious to the public health and comfort ; therefore,
The City Council of the City of Dubuque hereby gives
and grants to said Dubuque Butchers' Association and its
successors, the right to construct and maintain on the lots
aforesaid, the general slaughter house, yards and buildings
aforesaid.
Sec. 2. The rights and powers hereby granted are upon
the express condition that the said Butchers' Association in
maintaining and carrying on the said business and buildings
aforesaid, shall not allow filth or offal to accumulate or be in
or about said buildings, or upon the said premises, nor in any
drains, sewers, stream or streams flowing from, through, by or
in any manner used by said Association in carrying on the
business aforesaid, so as to become offensive or deleterious to
the public comfort or health, and should said buildings, prem-
ises or the drains, sewers or streams flowing from, through, or
used by said Association in carrying on said business, be allowed
to become foul or offensive, or a nuisance at any time, or in any
manner, in the opinion of the City Council of said city, then the
rights hereby conferred may be revoked by the City Council
and said buildings and premises condemned and abated as a
nuisance.
Sec. 3. The building or buildings aforesaid, shall be con-
structed in substantial compliance with the plans and specifica-
SPECIAL ORDINANCES. 225
tions submitted to and 'approved by the City Council, but such
approval of the plans and specifications aforesaid, shall not
be construed to give any rights to said Association to carry
on said business in the buildings aforesaid, provided said build-
ings when so completed and used do not fully answer the pur-
pose, and said business is not carried on in every particular
according to the letter and spirit of the Ordinance.
Sec. 4. The said building or buildings and appliances
shall be of such capacity as to afford ample facilities for
slaughtering for all butchers doing business in said city,
whether they belong to said Association or not, and after the
completion and opening of said slaughter house for business,
it shall be unlawful for any person to slaughter any animal
within the limits of the city, except the same be done in the
said building or on the premises of said Association as herein -
before set forth, or in the slaughter house of the Dubuque
Packing and Provision Company, and any person violating
the provisions of this Section shall, upon conviction, be fined
not less than $io nor more than $2o with costs of prosecution.
Sec. 5. The price to be charged for the use of said
premises for slaughtering may be determined by said Associa-
tion for any person using said premises for the purpose of
slaughtering, but the City Council hereby reserves the right
at any time by amendment to this Ordinance to fix the price
to be charged any person or firm by said Association for using
said premises for slaughtering and to enforce the provisions
thereof by proper penalties.
Sec. 6. The City Council at any time hereafter may in
its discretion, by Ordinance, impose any other and further re-
strictions upon said Association in the carrying on of said
business on said premises so far as sewerage, cleanliness, etc.,
and general police regulations are concerned, and nothing here-
in shall be construed to limit the right of the city so to do,
and also to provide by proper penalties for any violations of
this Ordinance or any subsequent amendment thereof.
Passed March 5, 1883.
CHAPTER XX.
AN ORDINANCE permitting and authorizing S. D. Ryan,
his heirs and assigns, to construct and maintain staging
and a covered platform on the levee, easterly and in front
of Block 27, in Dubuque Harbor Company's Addition to
the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section T. Whereas, S. D. Ryan, of Dubuque, Iowa,
is about to construct and operate a large meat packing house
NMI
226 SPECIAL ORDINANCES.
on Block 27, in Dubuque Harbor Company's Addition to the
City of Dubuque, Iowa; and
Whereas, For the convenient and successful maintenance
and operation of said meat packing establishment, said Ryan
should have the use of a part of the levee easterly from said
Block 27;
Therefore, The City Council of Dubuque, now, hereby
grants permission (as fully and effectually as can be done) to
said Ryan, his heirs and assigns, to construct and maintain
staging and a covered platform on that part of the levee lying
easterly of said Block No. 27, the same to be used in connec-
tion with and for the more convenient management and carry-
ing on of said meat packing establishment.
Provided, however, That an open drive or passageway
for the use and convenience of the traveling public, at least
sixty feet in width, shall be maintained and kept open and fit
for public travel immediately east of the east line of said Block
27; and, Provided, further, That said staging, platforms, etc.,
shall be erected under the supervision and subject to the ap-
proval of the City Engineer and Committee on Streets of the
City of Dubuque, and the said S. D. Ryan, his heirs and assigns,
hereby assumes all damages or other liability that may be in-
curred by reason of the erection, maintenance or operation of
said staging, platforms, etc., or otherwise in connection with
said meat packing establishment, and agrees to hold the city
harmless in the premises ; and the City of Dubuque hereby
reserves the right to make all usual and reasonable police regu-
lations with reference to the use of said levee by said Ryan, his
heirs or assigns, or with reference to the maintenance and
operation of said meat packing establishment.
`Sec. 2. This Ordinance shall be in force from and after
its passage and publication one time in the official papers of
the City of Dubuque, and its acceptance in writing by the
said S. D. Ryan.
Adopted July 15, 1891.
CHAS. J. W. SAUNDERS,
Attest :
J. C. FITZPATRICK,
Recorder.
Accepted August 3, 1891.
Published in the Telegraph July 27, 1891.
Mayor.
SPECIAL ORDINANCES. 227
CHAPTER XXI.
AN ORDINANCE for the vacation of Camp Street from its
intersection with Water Street easterly to the levee, and
permitting use of the same by S. D. Ryan for certain pur-
poses.
Be it Ordained by the City Council of the City of Dubuque :
Section T. Whereas, S. D. Ryan of Dubuque, Iowa, is
about to erect a large meat packing house on Block Twenty-
seven in Dubuque Harbor Company's Addition to the City of
Dubuque ; and
Whereas, For the convenient and successful operation
and maintenance of said meat packing establishment, the use
of the easterly part of Camp Street will be essential;
Therefore, The City Council hereby vacates and annuls
that part of Camp Street lying and extending easterly to Water
Street, and the said S. D. Ryan, his heirs and assigns, are here-
by permitted and authorized to fill, grade and improve and use
that part of said street so vacated, in connection with said meat
packing establishment, and are authorized and permitted to
utilize said vacated street ; and such authority is conferred as
fully and effectually as the City Council has the power to grant
the same.
Sec. 2. The portion of the street so vacated whenever
discontinued for packing house purposes shall revert to the
City of Dubuque, and the city shall not be required or expected
to compensate said S. D. Ryan, his heirs or assigns, for the
filling or other improvements on same.
Sec. 3. This Ordinance shall be in force from and after
its passage and publication in the official papers of the city
and its acceptance in writing by said S. D. Ryan.
Adopted July 15, 1891.
CHAS. J. W. SAUNDERS,
Attest :
J. C. FITZPATRICK,
Recorder.
Published July 27, 1891.
Accepted August 3, 1891.
Mayor.
228 SPECIAL ORDINANCES.
CHAPTER XXII.
AN ORDINANCE granting to S. D. Ryan, his heirs and
assigns, the right to slaughter hogs and horned cattle and
to carry on a general meat packing business in the City
of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. Whereas, S. D. Ryan and his associates pro-
pose to erect a large meat packing house on Block 27, Du-
buque Harbor Company's Addition to Dubuque City, Iowa,
which property he proposes to purchase for said purpose; and
Whereas, He is desirous of having secured to him, his
heirs and assigns forever, the right to slaughter hogs and
horned cattle, and carry on the meat packing and curing busi-
ness in all its branches, on said premises, without which he is
unwilling to make said purchase and incur the expense neces-
sary to carry on said business ; and
Whereas, It is to the interest of the city to encourage
such undertaking, and we are willing, and it is our intention
hereby, to secure said S. D. Ryan, his heirs and assigns, the
right aforesaid as fully and effectually as we can do so ;
Therefore, In order to give effect to such intention on
our part, and as an inducement to said S. D. Ryan to make
such purchase, and to carry out said proposed undertaking,
we, the City Council of the City of Dubuque, do hereby grant
to said S. D. Ryan, his heirs and assigns, forever, full power
and authority to slaughter hogs and horned cattle, and carry
on the meat packing and curing business in all its branches
on said Block 27, in Dubuque Harbor Company's Addition to
the city, which he has already bought or may hereafter pur-
chase ; Provided, That in carrying on said business he shall not
allow filth to accumulate on said premises, as to thereby create
a nuisance.
Sec. 2. This Ordinance shall be in full force and effect
from and after its passage by the City Council of. Dubuque,
and after its publication in the official papers of the city, and
its acceptance in writing by said S. D. Ryan.
Adopted July 15, 1891.
CHAS. J.W. SAUNDERS,
Attest : Mayor.
J. C. FITZPATRICK,
Recorder.
Accepted August 3, 1891.
Published July 27, 1891.
SPECIAL ORDINANCES.
CHAPTER XXIII.
�99
AN ORDINANCE granting J. H. Strobel, his heirs and
assigns, the right to slaughter hogs and horned cattle and
to carry on the general meat packing business in the City
of Dubuque.
Be it Ordained by the City Council of the. City of Dubuque :
Section 1. Whereas, J. H. Strobel proposes to erect a
meat packing house on lots 413, 414, 415, 416 and 417 in East
Dubuque, Dubuque City and County, State of Iowa; and
Whereas, He is desirous of having secured to him, his
heirs and assigns, forever, the right to slaughter hogs and
horned cattle, and carry on a meat packing and curing busi-
ness in all its branches on said premises, without which he is
unwilling to incur expense necessary to carry on said busi-
ness ; and
Whereas, It is to the interest of the city to encourage
such undertaking, and we are willing, and it is our inten-
tion hereby, to secure to said J. H. Strobel, his heirs and
assigns, the right aforesaid as fully and effectually as we can
do so.
Therefore, in order to give effect to such intention on
our part, and as inducement to said J. H. Strobel to carry out
his proposed undertaking, we, the City Council of the City
of Dubuque, do hereby grant to said J. H. Strobel, his heirs
and assigns, forever, full power and authority to slaughter
hogs and horned cattle and carry on a meat packing and curing
business in all its branches on said Lots 413, 414, 415, 416 and
417 in East Dubuque, Dubuque City and County, State of
Iowa, which he has bought ; Provided, That in carrying on said
business he shall not allow filth to accumulate on said premises
as to thereby create a nuisance.
Sec. 2. This Ordinance shall be in full force and effect
from and after its passage by the City Council of the City of
Dubuque and after its publication in the official papers of said
city and its acceptance in writing by said J. H. Strobel.
Adopted by the City Council December 7, 1891.
CHAS. J. W. SAUNDERS,
Attest : Mayor.
J. C. FITZPATRICK,
Recorder.
Published January 12, 1892, in Dubuque Daily Telegraph.
230 SPECIAL ORDINANCES.
CHAPTER XXIV.
AN ORDINANCE granting to the Dubuque Packing and
Provision Company the right to build and maintain a
Slaughter and Packing House, and imposing certain obli-
gations in relation thereto.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. Whereas, the Dubuque Packing and Provision
Company, a corporation under the laws of Iowa, proposes to
build and maintain on lots 418, 419, 420, 421 and 422, East Du-
buque, in the City of Dubuque, a large and improved slaughter
and packing house, and necessary yards, stables, etc., with
facilities for the slaughtering of animals for consumption in
said city, and for the slaughtering, curing and packing of meats,
and
Whereas, The said company has submitted to the City
Council plans and specifications showing the general plan, con-
struction and material of the buildings proposed to be built as
aforesaid, which plans and specifications have been examined
and approved by the City Council, and
Whereas, It is for the interest of the city that such a build-
ing should be constructed and maintained wherein such, slaugh-
tering, curing and packing may be done ; Provided, the same
can be operated without becoming a nuisance or deleterious to
the public health and comfort ; therefore,
The City Council of the City of Dubuque hereby gives and
grants to the said Dubuque Packing and Provision Company
and its successors, the right to build and maintain on the lots
aforesaid, the slaughter and packing house, buildings, yards
and stables aforesaid.
Sec. 2. The rights and powers hereby granted are upon
the express condition that the said company or its successors
shall not allow filth or offal to accumulate, or be in or about
the building or premises, nor in any drains, sewers, stream or
streams flowing from, through or by the premises, or in any
manner used by said company or its successors in carrying on
its business, so as to become offensive or deleterious to the pub-
lic comfort or health, and should the business, buildings, prem-
ises. drains, sewers or streams aforesaid, or any of them be
allowed to become foul or offensive, or a nuisance at any time,
or in any manner in the opinion of the City Council of said city,
then the rights hereby conferred may be revoked by the City
Council, and said buildings and premises condemned and abated
as a nuisance.
Sec. 3. The building or buildings aforesaid shall be con-
structed in substantial compliance with the plans and specifica--
SPECIAL ORDINANCES. 231
tions submitted to and approved by the City Council, but such
approval of the plans and specifications aforesaid shall not be
construed to give any rights to said company or its successors,
to carry on said business in the buildings aforesaid ; Provided,
said buildings when completed and used do not fully answer
the purpose, and said business is not carried on in every par-
ticular, according to the letter and spirit of this ordinance.
Sec. 4. The price and condition of the use of saidprem-
ises for slaughtering shall be uniform for butchers doing busi-
ness in said city, whether members of said corporation or not,
and with this restriction the same may be determined by said
company, for any person using said premises for the purpose
of slaughtering, but the City Council hereby reserves the right
at any time, by amendment to this ordinance, to fix the price
to be charged any person or firm for using said premises for
slaughtering and to enforce the provisions thereof by proper
penalties.
Sec. 5. The City Council at any time hereafter may in its
discretion by ordinance impose any other and further restric-
tions upon said company or its successors, in the carrying on
of said business on said premises, so far aS sewerage, cleanli-
ness, freedom from offensiveness, etc., and general police regu-
lations are concerned, and nothing herein shall be construed to
limit the right of the city so to do, and also to provide by proper
penalties for any violations of this ordinance or any subsequent
amendment thereof.
Sec. 6. This ordinance shall take effect from and after
the date of its'publication in the official papers of the city.
Adopted August 5, 1889.
Attest :
J. C. FITZPATRICK,
Recorder.
Published August 31, 1889.
JOHN TREXLER,
Mayor Pro Tem.
CHAPTER XXV.
AN ORDINANCE granting 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
hereinafter specified, the right, authority and permission are
hereby granted to the Dubuque & Minnesota Railway Com-
232 SPECIAL ORDINANCES.
pany to lay down a single track of its road from the point
where the north line of Sixth Street intersects the center line
of Washington Street, at Station o, 25 1-2 feet; thence
north 5 degrees 35 minutes .east.
Station 1 x 74 9-to curve to left (intersection angle to
degrees 14 minutes) to Station 5 x 16, thence north 4 degrees
5o minutes west.
Station 12 x 68 curve to left (intersection angle 24 degrees
52 minutes) to Station 17 x 12, 75 being center of Pine and
Eleventh Streets; thence in the same curve to Station 18 x 28.5,
thence north 29 degrees 45 minutes west, following the center
of Pine Street to a point between Sixteenth and Seventeenth
Streets.
Station 35 x 38 curve to right (intersection angle 54 de-
grees 16 minutes) to Station 44 x 7, 8 thence north 25 degrees
to minutes east, across Couler Creek and running through the
center of Peosta Street.
Station 73 x 48, 5, curve to the left (intersection angle 7
degrees 3o minutes to
Station 75 x 36, thence north 17 degrees to minutes east.
Station 79 x 12, curve to the right (intersection angle
8 degrees o4 minutes to
Station 83 x 15, 3 thence north 25 degrees 15 minutes east.
Station 90 x 13, 4 curve to the left (intersection angle 6
degrees 24 minutes) to
Station 93 x 33, 4 thence north 19 degrees east.
Station 95- x 58, 3 curve to the right (intersection angle
6 degrees 02 minutes) to
Station 98 x 59, 9 thence north 25 degrees 02 minutes east.
Station too x 58, 9, curve to the right (intersection angle
12 degrees 20 minutes) to
Station to4 x 7o thence north 36 degrees 5o minutes east.
Station io6 x 19, 2 curve to the left (intersection angle
9 degrees 16 minutes) to
Station tog x 28, o8 thence north 27 degrees 45 minutes
east.
Station 116 x 52, 5, curve to the left (intersection angle 5
degrees) to
Station 119 x o, 2.5, thence north 22 degrees 4o minutes
east.
Station 131 x 18, 7, curve to the left (intersection angle
16 degrees 55 minutes) to
Station 136 x 82, 6, thence north 5 degrees 45 minutes east.
Station 143 x 47, curve to the left (intersection angle 35
degrees 31 minutes) to
Station 149 x 39, thence north 3o degrees o5 minutes west.
Station 152 x 89, curve to the left (intersection angle to
degrees 5o minutes) to -
SPECIAL ORDINANCES. 233
Station 154 x 69, thence north 4o degrees 35 minutes west.
Station 164 x 63, curve to the left (intersection angle 5 de-
grees 02 minutes) to
Station 169 x 495, thence north 45 degrees 55 minutes west.
Station 171 x 7o, curve to the left, (intersection angle 4
degrees o1 minute) to
Station 173 x 7o, thence north 49 degrees 15 minutes west
Station 178 x o5, curve to the left (intersection angle 9 de-
grees 28 minutes) to
Station 179 x 94, thence north 58 degrees 45 minutes west,
crossing the northern boundary of the City of Dubuque at Sta-
tion 181 x 16, 5, and forever thereafter maintain and use the
same for passage of locomotives, cars and trains of cars, upon
the following conditions, to be performed by said company, viz :
First -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 3o5a) so as to'
afford any easy passage, for - carriages and other vehicles on
either side of said track, and shall keep said track properly bal-
lasted, 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.
Second -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 admit
the free passage of all water that may flow down such street
or alley.
Third -That at the place where said track shall cross any
street or alley, said company shall, whenever directed by the
city authorities so to do, at its own proper cost, grade such
street or alley 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,tas will afford an easy passage for wagons
or other vehicles.
Fourth -That said company shall strictly comply with all
reasonable police regulations which the authorities of said city
may establish in relation to the running of cars on said track
within the city limits.
This Ordinance shall be in force from and after notice in
writing of the acceptance by said company of the provisions
thereof given 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 31, 187o.
234 SPECIAL ORDINANCES.
CHAPTER XXV.
AN ORDINANCE granting to the Dubuque, Bellevue & Mis-
sissippi Railway Company, and to the Dubuque & Min-
nesota 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
hereby granted to the Dubuque, Bellevue & Mississippi Rail-
way Company, their successors and assigns, and to the Du-
buque & Minnesota 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 easterly direction 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 & Dubuque Bridge
Company to the north line of First Street ; thence over and
across First Street to 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
Avenue; and thence along or over any street, alley or public
ground to the southern boundary of the city, and forever there-
after maintain and use the same for the passage of locomotives,
cars, and trains of cars, upon the following conditions to be
performed by said companies, viz :
First —Said companies, whenever required by the city air:
thorities, 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 the end of the ties so graded
that carriages and other vehicles may easily pass over the
same.
Second —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 suf-
SPECIAL ORDINANCES. 235
ficient height to permit an easy passage of teams and wagons
under said track.
Third —That at the place where said track may cross any
street or alley, and along the levee where such track may be
laid, the company which may lay down or use such track shall,
whenever. directed by the city authorities so to do, at its own
cost and expense, 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.
Fourth —That said companies shall strictly comply with all
reasonable 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.
Fifth —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.
CHAPTER XXVI.
AN ORDINANCE granting to the Chicago, Milwaukee &
St. Paul Railway Company the right of way through and
upon certain streets in the City of Dubuque..,
Whereas, The Chicago, Milwaukee & St. Paul Railway
Company, as the successors of the Chicago, Clinton, Dubuque
and Minnesota Railway and other railway companies, requires
greater trackage and increased facilities for transacting its
business within the City of Dubuque, therefore, in order to
grant such required facilities to said company,
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That all the rights and privileges hereto-
fore granted by this city under an Ordinance adopted Feb-
ruary 2, 1871, entitled "An Ordinance granting to the Du-
buque, Bellevue & Mississippi Railway Company the right
of way through the City of Dubuque," and all other rights
and privileges heretofore granted by this city to any company
or companies which have succeeded either or all of the com-
panies named in said Ordinances in the ownership of their
respective railroads, are hereby fully ratified, 'confirmed and
re -assured to said Chicago, Milwaukee & St. Paul Railway
Company, which is hereby recognized as the successor in
•
236
SPECIAL ORDINANCES.
ownership, and as being entitled to all the rights and privi-
leges heretofore granted by this city to any of said companies.
Sec. 2. That, in consideration of the conditions herein-
after mentioned, the right, authority and permission are hereby
given and granted to the said Chicago, Milwaukee & St. Paul
Railway Company to lay down and construct one or more rail-
way tracks, as may be necessary, over, across, and along the
following streets and alleys in said city, to -wit : All streets,
alleys or other places over which the right to lay down a rail-
way track was granted by said Ordinance adopted February 2,
1871, to the said Dubuque, Bellevue & Mississippi Railway
Company and the Dubuque & Minnesota Railway Company,
and by said Ordinance adopted October 31, 187o, to the said
Dubuque & Minnesota Railway Company, also the right of
way over and across such parts of White Street and Fourth
Street as may be necessary to make proper tracks and switches
to and over the property of said company granted herein, on
lots No. 304 and 747 in said city; also the right to use a part
of Front Street lying east of said lot 747, upon which to con-
struct a depot and proper approaches thereto, resting partly
upon said last named lot• and said Front Street, as may be
located by said company, that part of Front Street upon which
said depot may be built as aforesaid being as follows, to -wit :
Alf that part of Front Street lying between Third and Fourth
Streets and extending easterly from the easterly line of lot 747
to a line drawn within twenty-one feet of the center line and
parallel with the present main line of the Chicago, Milwaukee
& St. Paul Railway, and more particularly designated by refer-
ence to the map on file in the office of the City Engineer as that
part of Front Street within yellow line marked "Proposed
Freight Depot, 27o by 5o," and showing the proposed location
of said depot. The said Chicago, Milwaukee & St. Paul Rail-
way Company to have and use all the above granted rights and
privileges to itself, its assigns and successors for the purpose
herein declared forever.
Sec. 3. Said Chicago, Milwaukee & St. Paul Railway
Company shall, whenever required by the city authorities so
to do, fill and raise to high water mark the streets, alleys a'nd
highways along or over which they may lay such track or
tracks, and so grade the same as to afford an easy passage for
wagons and other vehicles on either side of the same, and
shall keep such track or tracks properly ballasted and the space
between the rails and to the ends of the ties so graded that all
vehicles may easily pass thereover, and shall plank the space
between the rails on the streets aforesaid when required by said
city so to do.
SPECIAL ORDINANCES.
237
Sec. 4. That on both sides of each street or alley, at the
place where any track may cross the same, said company
shall construct and maintain suitable culvert drains to admit
the free passage of all water that may flow down such street
or alley.
Sec. 5. That at the crossing of any street, alley or levee
by any track, said company shall, whenever directed by the
city authorities so to do, at its own expense, 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,
alley or crossing in such manner as will afford easy passage for
all vehicles.
Sec. 6. That said company shall strictly comply with all
reasonable police regulations which the authorities of said city
may establish in relation to the running of trains upon its
tracks, or for the protection of life and property within said
city limits.
Passed March 23, 1881.
CHAPTER XXVII.
AN ORDINANCE vacating the sidewalk on the east side of
White Street from Fourth to Sixth Streets and dedicating
the premises included therein to general highway pur-
poses, in connection with buildings to be erected by the
Chicago, Milwaukee & St. Paul Railway Company.
Whereas, The Chicago, Milwaukee & St. Paul Railway
Company is the owner of the property abutting on the east
side of. White Street from Fourth to Sixth Streets, in this city,
and the east end of Fifth Street has been vacated for the use
of said company; and,
Whereas, said company is about to erect buildings on a
portion of said premises, so that the west wall of said buildings
will be along the east line of the sidewalk; and,
Whereas, To make proper use of such buildings, it is
necessary that the sidewalk should be used for teaming and
general highway purposes ; and,
Whereas, before incurring the expense of erecting such
buildings as aforesaid, said company, desires to be assured in
the right of itself and the public generally so to use said side=
walk; therefore,
Be it Ordained by the City Council of the City of Dubuque
Section 1. That that portion of White Street along the
east side thereof now set apart for sidewalk purposes, extend-
ing from the south line of Sixth Street to the north line of
238 SPECIAL ORDINANCES.
Fourth Street, be and the same is hereby vacated so far as its
uses for sidewalk purposes are concerned, and is hereby, and
so long as said railway company, or its assigns, shall main-
tain its buildings as aforesaid, designated and set apart for gen-
eral highway purposes, and said company and its assigns are
hereby empowered, and by acting on the permission hereby
given, shall be considered obligated to macadamize, pave or
otherwise improve and maintain that portion of said street
included in the sidewalk hereby vacated, in a fit and proper
condition for teaming purposes, under the direction of said
city, and said company and the public generally are hereby
authorized and empowered to use the same to stand thereon
any team and wagon, or teams and wagons, while engaged
loading into or from said company's building, or engaged
hauling to or from the same, and to pass to or from the same,
and all Ordinances or parts of Ordinances in conflict with this
Ordinance are hereby repealed.
Sec. 2. The Chicago, Milwaukee & St. Paul Railway
Company, its successors and assigns, in consideration of the
vacation of said sidewalk, hereby obligates itself, whenever re-
quired by said city, to construct and maintain at its own ex-
pense, suitable drains, sewers and culverts for public drainage,
over and across the sidewalk aforesaid and premises adjacent
thereto ; and also along Sixth Street abutting upon said- prem-
ises and vacated street on the north, the same to be constructed
at such places and in such manner as said city may direct.
Passed September 5, 1881.
CHAPTER XXVIII.
AN ORDINANCE granting to the Chicago, Milwaukee & St.
Paul Railway Company the right to construct and main-
tain a side track over and across Twelfth Street in the
City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the right of way over and across Twelfth
Street in said city, necessary for the Chicago, Milwaukee & St.
Paul Railway Company to maintain and operate a side track
from its tracks west and south of Twelfth Street to the A. Y.
McDonald & Morrison Mfg. Company on the north side of
Twelfth Street from Pine to Sycamore Streets, be and is hereby
granted to said railway company.
Sec. 2. That the said railway company in the use of said
right of way herein granted shall conform to the grades of the
said city as now or may be hereafter established by said city,
SPECIAL ORDINANCES.
239
and provided further, that the said railway company shall in
all cases of claims for damages made by private property owners
and holders on said street used and occupied by said company,
protect and save the city from damages therefor by reason of
this Ordinance.
Sec. 3. That all other railroads owning or operating lines
or tracks in the City of Dubuque shall, on the payment of $2
on' each car, to the Chicago, Milwaukee & St. Paul Railway
Company, have the privilege of switching cars on above named
side track belonging to the Chicago, Milwaukee & St. Paul
Railway Company.
Adopted October 7, 1895.
Approved : P. OLINGER
Attest : Mayor.
T. J. COONEY,
City Recorder.
CHAPTER XXIX.
AN ORDINANCE granting to the Dubuque & Northwestern
Railway Company, the right of way over and along a
certain street 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 Dubuque & Northwestern Railway Company,
its successors and assigns to lay down and operate such rail-
road track or tracks as may be necessary in the prosecution of
its business, upon, along, and through Pine Street in said
City of Dubuque ; Provided, Such track or tracks do not inter-
fere with the railroad tracks now laid, and in actual use of any
other railroad company.
Sec. 2. That whenever required by the City Council of
this city, said Dubuque & Northwestern Railway Company
shall, at its own expense, grade such part of said Pine Street
as shall he used for said track or tracks, and that portion of
any street crossed by its tracks along said Pine Street. 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, along said Pine Street, shall construct and maintain
suitable culverts and drains, so that the free passage of water
shall not be impeded by the track or tracks hereby permitted ;
shall at street crossings along said Pine Street plank between
the rails, and make suitable approaches to enable vehicles to
240 : SPECIAL ORDINANCES.
cross its track, and shall fully comply with all reasonable police
regulations which the authorities of this city may establish in
relation to the running of trains on said track or tracks, within
the limits of this city.
Sec. 3. That the track or tracks herein authorized, shall
be laid to the grade established by the city, and should the
grade be changed at any time, the said track or tracks shall be
changed to conform to said change of grade, such change of
track or tracks to be made at the expense of the company, and
the company to, have no claim for damages against the city
because of such change.
Sec. 4. All Ordinances of this city heretofore passed in
conflict with this Ordinance, or inconsistent with this Ordi-
nance, are hereby repealed.
Sec. 5. That if said company or its successors, does not
construct a railroad and operate the same upon said right of
way within five years from the date hereof, all rights hereunder
shall be forfeited.
Sec. 6. This Ordinance shall be published in the official
papers of the city, and shall take effect and be in force from
and after its publication in the Dubuque Daily Herald.
Adopted March 3, 1884.
CHAPTER XXX.
AN ORDINANCE granting to the Dubuque & Northwestern
Railway Company, its succesors and assigns, the right of
way across and along certain streets, alleys and public
places in the City of Dubuque, for the purpose of con-
structing and operating its railway thereon.
Be it Ordained by the City Council of the City of Dubuque:
Section I. That the right of way be, and is hereby granted.
the Dubuque & Northwestern Railway Company, its suc-
cessors and assigns, across and along all streets, alleys and
public places in the City of Dubuque, with the right to lay
proper tracks along and across the same as are embraced in
the following limits, to -wit : All streets, alleys and public places
necessary to be crossed in laying a double track railway from
the south line of the Dubuque. Harbor Improvement Com-
pany's Addition to the City of Dubuque, at Block number
Twenty-nine, and continuing as nearly parallel as may be prac-
ticable to the present track of the Chicago, Milwaukee _ & St.
Paul Railway Company to Eighth and Pine Streets ; also across
Eighth, Ninth, Tenth and Eleventh Streets, between Pine Street
SPECIAL ORDINANCES. 241
and .the east line of Elm street ; also across all streets
between Pine and Elm Streets, from Twelfth Street
to Nineteenth Street inclusive ; also across Lake and
High Streets, and across and along Kniest Street, and
across Eagle Point Avenue and Sanford Street ; and along Elm
Street from Sanford Street to Twenty-third Street, and across
Twenty-third, Twenty-fourth, and Twenty-fifth Streets, and
across the Peru Road; also the right of way to use and occupy
with its tracks the easterly thirty-five feet of lots number Two
Hundred and Twelve to Two Hundred and Sixteen inclusive,
in the East Dubuque Addition to the City of Dubuque ; also
the right of way to occupy with two tracks a strip of ground
twenty-eight feet wide and commencing at a point on the alley
next south of Sixth Street Extension, adjoining and immediate-
ly east of the right of way granted to the Illinois Central Rail-
road Company by Ordinance on the Eighth day of January,
1883, and extending thence southerly, adjoining and parallel
with said right of way of the Illinois Central Railroad Company
to Third Street ; also the right to occupy with a single track
a strip of ground fourteen feet wide, lying east of and adjoining
and parallel with the Illinois Central Railroad Company's right
of way from Third.Street to First Street, in the City of Dubuque.
Sec. 2. That the rights and privileges contained in Sec-
tion One are granted on the following express conditions, to -
wit :
First. —That Unless the Dubuque & Northwestern Rail-
way Company shall have at least five miles of its road fully
completed, so that trains may run thereon, on or before the
First day of July, 1886, all grants and privileges herein con-
tained shall be forfeited.
Second. —That unless the Dubuque & Northwestern Rail-
way Company shall have one track filled and rails. laid upon
the twenty-eight foot strip of ground herein mentioned, and
on the fourteen foot strip between Third and First Streets, on
or before the First day of July, 1888; and the second track filled
and rails laid on or before the First day of July, 1889, all grants
and privileges to the said twenty-eight foot strip. of ground and
the fourteen foot strip between Third and First Streets to be
forfeited.
Third. —That the filling for the single track between First
and Third Streets, shall extend as far easterly beyond the Du-
buque & Northwestern Railway Company's track, when laid,
as the present filling extends beyond the Illinois Central Rail-
way Company's track, and the approach to Second Street shall
be extended easterly beyond said track, and graded and pro-
tected with hard material upon the surface to the same slope
242 SPECIAL ORDINANCES.
it now has, and left in as good condition as it was before the
work was commenced.
Fourth. —The grant herein contained of right of way be-
tween First and Third Streets shall be subject to all the
provisions and restrictions contained in Sections Ten, Twelve,
and Thirteen of Chapter Seventy-seven of the Acts of the Seven-
teenth General Assembly, and of Section I292 of the Code of
Iowa, as amended by the act of March 13, 1874. And any and
all acts that may be hereafter passed in amendment thereof, it
being the express intention of this clause to provide that the
Dubuque & Northwestern Railway Company shall, on request,
receive, transport and deliver the loaded or empty cars of any
company so connecting upon and over said fourteen foot strip
upon the terms of reasonable charge for like service as pro-
vided in the laws aforesaid; and should any difference arise as
to what is a reasonable charge for such service, the question
shall be referred to the City Council of the City of Dubuque,
whose decision shall be final and conclusive upon all parties
concerned.
Fifth. —All the rights and privileges herein granted by the
City of Dubuque are upon the further express conditions, that
said Dubuque & Northwestern Railway Company shall, before
constructing any portion of its road or tracks across or along
any street, alley or public place within said city, ascertain and
compensate abutting property owners for any injury that may
be caused to such property by the construction and operation
of said railway, as required b_y the provisions of Section 464,
Title 4, Chapter to, of the Code of Iowa.
Sec. 3. Whenever required by the City Council of saia
city, said Dubuque & Northwestern Railway Company shall,
at its own expense, grade that portion of any street occupied
by its tracks, shall keep the space between the rails and at
the end of the ties so graded that carriages and other vehicles
may easily pass over the same, and at all streets crossed by'
said tracks, shall construct and maintain suitable culverts and
drains so that the free passage of water shall not be interfered
with by the tracks hereby permitted, and shall, at all streets
and crossings, plank between the rails and make all necessary
and suitable approaches to enable vehicles to cross its tracks,
and shall strictly comply with all reasonable police regulations
which the authorities of the city may establish in relation to the
running of trains on said tracks within the city limits.
Sec. 4. That the tracks 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 tracks shall be changed
to conform to such change of grade, such change of the track
SPECIAL ORDINANCES. 243
to be made at the expense of the company, and the ''company
shall have no claim for damages against the city because of
such change.
Sec. 5. Said Railway Company shall pay, or in case of
suit thereon, shall make proper defense to all claims against
the City of Dubuque for damages caused to any person or
property, by the construction of said railway across or along
any street, alley, or public place, and shall be liable for the
amount of any judgment recovered against the City of Du-
buque in any action for damage on any such claims. And in
all litigation to which the City of Dubuque may be made a
party, and in any manner arising out of the grant to said Rail-
way Company of the rights and privileges herein nts made,
d privi-
leges a
relation to any rights claimed adversely to the a
herein contained, said Dubuque & Northwestern Railway
Company shall, upon being notified of the pendency of any such
action, make proper defense thereto, and shall be liable for
and shall pay any judgment or decree rendered against the
City of Dubuque therein.
Sec. 6. All Ordinances heretofore passed by the City of
Dubuque in conflict with this Ordinance are hereby repealed.
Passed June 8, 1885.
CHAPTER XXXI.
AN ORDINANCE granting to the Chicago, Burlington &
Northern Railroad Company, its successors and assigns,
the right of way across and along certain streets and alleys,
and to use and occupy for railroad purposes certain public
grounds in the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That authority is and the same is hereby
granted to the Chicago, Burlington & Northern Railroad
Company, its successors and assigns, to, use so much of the
highways and public grounds, in the City of Dubuque, as may
be necessary on which to construct, operate and forever main-
tain railroad tracks for the running of locomotives, cars, and
trains of cars for the use and purposes of its railroad, as fol-
lows, to -wit :
(a) The right of way over a strip of ground twenty-eight
feet wide, commencing at a point at the alley next south of
Sixth Street Extension, adjoining and immediately east of the
right of way granted to the Dubuque & Northwestern Railway
Company, on the Eighth day of June, A. D., 1885, and extending
thence southerly adjoining and parallel with the right of way
244 SPECIAL ORDINANCES.
of said Dubuque & Northwestern Railway Company, to and
across Third Street.; also over a strip of ground twenty-eight
feet wide, commencing on the south side of Third Street, at a
point adjoining and immediately east of the right of way, four-
teen feet wide, granted to the Dubuque & Northwestern Rail-
way Company, by the .Ordinance aforesaid, and extending
thence southerly adjoining and parallel with the said right of
way _to First Street. Also the right of way for a single track
for a connection with tracks aforesaid at First Street, and run-
ning thence easterly along First Street Extension to a point on
said extension forty-one feet north of the south line of the said
First Street Extension, and easterly three hundred and twenty-
three feet from the intersection of the south line of First Street,
and the west line of Iowa Street extended; the precise location
of said point being as indicated by the word "stake" on the plat
on file; indorsed and filed August 7, 1889, M. Tschirgi, jr.,
City Engineer. Also the right to place in connection with said
track a switch so as to run trains therefrom into the depot
grounds of said company between First and Third Streets.
(b) Also for a single track from a connection with the
tracks last above described at First Street; thence southerly
across said street, to and along Iowa Street, immediately east
of and fourteen feet from the center line of the Dupleith &
Dubuque Bridge Company's track as now constructed thereon
to and across Jones Street ; thence by the most practicable route
across necessary streets to Water Street,- and north and south
thereon, and across all streets intersected thereby to First
Street Extension and Railroad Avenue. And for a single track
from a connection with the track last above described at or
near the intersection of Warren Street with Dodge Street in a
northerly direction on Warren Street, and across Jones Street
to First Street Extension.
(c) Also the right of way for a single track from a con-
nection with the track first described in the foregoing para-
graph, on Iowa Street, at the most practicable northerly point
thereon, to and across First Street, and Second Street east of
Iowa Street.
(d) Also for a single. track from a connection with the
track on Iowa Street first described in paragraph (b) hereof, at
the most practicable point on said street; thence southerly
across all streets and alleys necessary to be crossed to South
Main Street ; thence north and south thereon, and across all
streets and alleys intersected thereby to Jones Street, and the
southern terminus of Main Street, and for a single track, from
a connection with the last above described track, at a point
between Jones and Dodge Streets on Main Street, across
•
SPECIAL ORDINANCES.
Dodge and Salina Streets to West Main Street ; thence south
along said street, and across all streets intersecing the same to
the southern terminus of West Main Street and northerly
thereon to Jones Street.
(e) Also the right of way from a connection with the
tracks, authorized by paragraph (a) of this section, north of
Third Street at such points as may be convenient for said
company, easterly to and along the alley between Third and
Fourth Streets, and across all streets intersected thereby, to
the Mississippi River, all in Booth's Addition to the City of
Dubuque.
(f) Also the right of way for a single track fromo nnec-
tion with the tracks first described in paragraph (a), at
the alley next south of Sixth Street in a northerly direction
across streets and alleys necessary to be crossed to a connec-
tion with the Dunleith & Dubuque Bridge Company's track.
(g) Also the right of way from connections with the
tracks authorized in paragraph (a) of this section, at conveni-
ent points to and through, the lots and lands owned by said
Railroad Company in Booth's Addition, and across all streets
and alleys extending through the same north and south of
Third Street Extension, and also from a connection with said
tracks easterly along Third Street Extension to the outer levee
at the Mississippi River, and across all streets intersecting
said Third Street Extension: Provided, however, That said
Railway Company shall keep open and maintain in good condi-
tion for travel, a roadway at least twenty-five feet wide across
its grounds, from the outer levee in the vicinity of Third Street
Extension westerly to the inner levee, so called, at or near the
Third Street bridge, until some other equally convenient road-
way shall, in the judgment of the City, Council, accommodate
public travel through Booth's Addition to the outer levee north
of the Ice Harbor. Also for a single track from a connection
with the 'last described track on Third Street Extension, and
at a convenient point thereon north and south upon and along
the outer levee, so called, from Commercial Street to the Ice
Harbor.
(h) Also the right of way for a single track from a con-
nection with the tracks first described in paragraph (a) hereof,
at or near the alley next south of Sixth Street Extension,
thence in a northerly direction across said alley, Sixth Street
Extension, Washington and Wall Streets, and all alleys lying
between said streets to Seventh Street ; thence along Seventh
Street to Commercial Street ; thence along Commercial Street
and across all streets intersecting the same to the Mississippi
River.
245
MIT
-1111411.1.1.1.
246 SPECIAL ORDINANCES.
(i) Also the right of way for a single track from a con-
nection with the tracks first described in paragraph (a) hereof,
at or near the alley next south of Sixth Street in a northerly
direction by the most practicable route across all streets, al-
leys and public grounds east of Elm and Lake Streets to the
Eagle Point ferry landing. Provided, That said railroad com-
pany shall, before constructing the tracks herein authorized,
upon any street or alley, ascertain and compensate abutting
property owners for any injury that may be caused to such prop-
erty by the constructing of the same as required by Section 464
of the Code of Iowa.
Sec. 2. That said Chicago, Burlington & Northern Rail-
road Company, its successors and assigns, be and the same is
hereby granted the exclusive right to use and occupy for rail-
road purposes the following pieces and parcels of land within
the City of Dubuque, to -wit : The triangular piece of ground
east of and immediately adjoining Lot 528, in the City of Du-
buque, and described as follows : Beginning at the northeast
corner of Lot 528 ; thence easterly along the south line of
Second Street extended thirty-eight feet, four inches ; thence
southwesterly to the southeast corner of Lot 528, thence north-
erly along the east line of said lot to the place of beginning.
Also the triangular piece of ground south of and adjoining said
Lot 528, extending east and west across the whole width of said
lot, and along the east line of Iowa Street to the southern
terminus thereof thence in a straight line to the southeast cor-
ner of said Lot 528, also the piece of ground lying south of
Third Street Extension, east of the right of way herein granted,
west of and adjoining Lott, of Block D, in Booth's Addition.
Sec. 3. The said Chicago, Burlington & Northern Rail-
road Company is hereby authorized and empowered to fill all
that part of the slough lying between what is known as the one
hundred foot strip and Booth's Addition, and to occupy and
use the same for railroad purposes, provided said company shall
put in and maintain necessary culverts and drains thereon to
permit the free passage of water, of such capacity and at such
places as the City Council shall direct and approve.
Sec. 4. The tracks herein authorized to be constructed,
upon South Main Street, Seventh Street, Commercial Street,
and the outer levee, shall be laid upon and along said- streets
and levee in such manner, and upon such portions of , said
streets and levee, as the City Council shall direct and approve.
Sec. 5. Whenever required by the City Council of said
city,,said Chicago, Burlington & Northern Railroad Company
shall, at its own expense, grade that portion of any, street occu-
pied by its tracks, shall keep the space between the rails and
SPECIAL ORDINANCES.
247
tracks at all street crossings planked, and whenever such tracks
are contiguous to other railway tracks at such crossings, to
plank one-half the space between said company's tracks and
such other tracks, whenever required so to do by the City Coun-
cil, and shall comply with all police regulations.
Sec. 6. The tracks herein authorized shall be laid to the
grade established by the city, and should the grade on any
street or alley be changed at any time, said tracks shall be made
to conform to such grade at the expense of said railroad com-
pany.
Sec. 7. It is further provided, that said company shall
have the right to fill the remaining portion. of the "one hun-
dred
foot strip," so called, lying east of the right of way, de-
scribed in paragraph (a) of the first section herein, from the
alley next south of Sixth Street to a point one hundred feet
south of Third Street in Booth's Addition, and to use and
occupy the same for railroad purposes, on the condition that
said Chicago, Burlington & Northern Railroad Company shall
quit and deliver up possession of said ground so filled and oc-
cupied whenever the City of Dubuque shall grant the same to
any railway company extending its lines into the City of .Du-
buque, and upon repayment to said Chicago, Burlington &
Northern Railroad Company of the actual cost of filling said
ground, in no case to exceed the sum of twenty-five cents per
cubic yard.
Sec. 8. The rights and franchises hereby granted to the -
Chicago, Burlington & Northern Railroad Company by this
Ordinance, are for the sole use and benefit of said company,
and to induce and enable it to enter and do business in the
City of Dubuque, and are not, and shall not, be assignable to any
other person, company or corporation now or hereafter opera-
ting railroads in the City of Dubuque, without the consent of the
City Council expressed by Ordinance. This provision is not
intended, however, to prevent the transfer of said rights and
franchises to any railroad company which shall hereafter ope-
rate and control the main line of said Chicago, Burlington &
Northern Railroad Company.
Sec. 9. It is further expressly provided that the rights
of way hereby granted to said Chicago, Burlington & North-
ern Railroad Company to lay its tracks on Seventh and Com-
mercial Streets, outer levee, Warren, Water, Iowa, Main and
West Main Streets shall not be exclusive to said company, but
all tracks constructed and operated upon said streets by said
company shall be subject to the right of all railway companies
now or hereafter operating railroads within the City of Du-
buque, to have their cars transferred over said tracks without
248
SPECIAL ORDINANCES.
delay or hindrance, at reasonable rates, provided, that no rail-
way company having similar trackage facilities in the City of
Dubuque shall be entitled to have its cars so transferred, unless
such railway company shall permit the use of such side tracks
by other railway companies upon the same terms ; if such rates
shall not be agreed upon by the railway companies interested in
the use of said tracks, the charges therefor shall be fixed and
determined by the City Council, which shall finally regulate the
same.
Sec. To. The rights and franchises herein granted are
subject to the following conditions and limitations : Said
Chicago, Burlington & Northern Railroad Company shall
within one year from the completion and operation of said
railroad to East Dubuque, Illinois, construct and operate its
main line into and through the City of Dubuque to its freight
and passenger depots. All tracks herein authorized on all
streets and public grounds, excepting Main and West Main
Streets, shall be laid within three years after the completion
and opening for business the line of said company into the
City of Dubuque. The tracks on Main and West Main streets
shall be constructed within five years after said time. In case
of failure to lay its tracks on any street within the time herein
specified, said railroad company shall at the option of the City
Council forfeit all right to occupy and use the same.
Sec. i I. Said railroad company shall pay, or, in case of
suit thereon, shall make proper defense to, all claims against
the City of Dubuque for damages, caused to any person or'
property by the construction of said railway across any street,
alley or public place ; andshall be liable for the amount of any
judgment recovered against the City of Dubuque on such
claims. And in all litigation to which the City of Dubuque may
be made a party, and in any manner arising out of the grant to
said railway company of the rights and franchises herein con-
tained, said Chicago, Burlington & Northern Railroad Com-
pany shall, upon being notified of the pendency of any such
action, make proper defense thereto ; and shall be liable for
and shall pay any judgment or decree rendered against the City
of Dubuque therein.
Sec. 12. This Ordinance shall take effect from and ,after
its publication in the Dubuque Daily Herald and the acceptance
of its terms and conditions by the president of said railroad
company, in writing, within sixty days from the date of said
publication.
Adopted February io, 1886.
SPECIAL ORDINANCES.
249
To the Common Council of the City of Dubuque :
Pursuant to the terms of Section Twelve of an Ordinance
adopted by your honorable body, February io, 1886, entitled:
"An Ordinance granting to the Chicago, Burlington & North-
ern Railroad Company, its successors and assigns, the right of
way across and along certain streets and alleys ; and to use and
occupy, for railroad purposes, certain public grounds in the City
of Dubuque,"
I, Albert E. Touzalin, President of the said Chicago, Bur-
lington & Northern Railroad Company, and fully authorized
and empowered by said company to accept the terms and con-
ditions of said Ordinance, do hereby on behalf of and for said
corporation, accept all and singular, the terms and conditions
of the said Ordinance, and do hereby notify your honorable
body of such acceptance thereof.
In Witness Whereof, I have hereunto set my hand this
i8th day of February, A. D., 1886.
THE CHICAGO, BURLINGTON & NORTHERN R. R. CO.
By A. E. TOUZALIN,
President.
CHAPTER XXXII.
AN ORDINANCE granting to the Chicago, Burlington &
Northern Railroad Company, its successors and assigns,
the right to use and occupy certain streets and public
grounds in the City of Dubuque, and to amend Chapter
84 of the Revised Ordinances of the City of Dubuque,
granting said railroad company certain rights and privi-
leges.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. The Chicago, Burlington & Northern Rail-
road Company, its successors and assigns, are hereby granted
the exclusive right and authority, to use and occupy for' rail-
road purposes the following described pieces and parcels of
land, situated in the City of Dubuque, to -wit : A strip of land
one hundred and thirty-eight feet in width, adjacent to and on
the easterly side of the strip of land, granted to the said
Chicago, Burlington & Northern Railroad Company, by an
Ordinance adopted February Toth, A. D. 1886; and extending
from the southerly line of Block "D" in Booth's Addition ex-
tended westerly to the southerly line of Second Street extended
easterly. Provided, however, and it is hereby made a condition
of this grant, that the said Chicago, Burlington & Northern
250 SPECIAL ORDINANCES.
Railroad Company, shall construct and forever maintain a suit-
able and proper driveway on the outer edge of the above de-
scribed ground not less than forty feet wide, and extending
across the southerly and easterly sides of said one hundred and
thirty-eight foot strips, and keep the same in good repairs for
public use, and shall fill Second Street extended easterly its full
width from its present terminus to the east line of the land here-
in granted.
Also all that part of the hundred foot strip lying southerly
of Third Street, and extending to the southerly line of Block
"D" extended and easterly of the right of way granted to the
said Chicago, Burlington & Northern Railroad Company by
the original Ordinance aforesaid.
Also all that part of the hundred foot strip lying between
the northerly line of Third Street and the center line of the
alley between Third and Fourth Streets extended westerly from
the west line of Booth's Addition to the east line of the right of
way granted to the said Chicago, Burlington & Northern Rail-
road Company, by Ordinance adopted February To, i886.
Also a strip of land fourteen feet in width adjacent to,
and on the easterly side of the right of way granted to the
Chicago, Burlington & Northern Railroad Company by the
original Ordinance aforesaid, and extending from the center
of the alley between Third and Fourth Streets extended north-
westerly to the center of the alley between Fifth and Sixth
Streets.
Sec. 2. The said Chicago, Burlington & Northern Rail-
road Company, its successors and assigns, are hereby author-
ized to construct, operate and forever maintain a depot or
depots, for the uses and purposes of their railroad on said de-
scribed premises, and to lay and maintain all necessary railroad
tracks for the running of locomotives, cars and trains of cars
thereon, for the uses and purposes of their railroad, and to
erect and forever maintain thereon, and use such other build-
ings and structures as may be necessary or convenient for the
uses and purposes of their said railroad in the prosecution of
its business.
Sec. 3. The rights and privileges herein granted to the
said Chicago, Burlington & Northern Railroad Company, are
granted upon the following express conditions and reserva-
tions : The said Chicago, Burlington & Northern Railroad
Company shall permit its track now laid immediately east of
the right of way heretofore granted . to the Illinois Central
Railroad Company by Ordinance passed January 8, 1883, and
being Chapter 8i of the Revised City Ordinances, to remain
where the same now is, forever ; and said Chicago, Burlington
SPECIAL ORDINANCES.
251
& Northern Railroad Company may construct and build and
forever maintain on said one hundred foot strip two additional
tracks immediately east of the track now laid and occupied by
it as aforesaid, with fourteen feet centers, that is fourteen feet
from center to center of each track so to be laid, extending
from the center of the alley between Fifth and Sixth Streets
southerly to the northerly line of First Street Extension.
It is hereby expressly provided as a condition of this
grant, that in case the City Council at any time hereafter, for
the purpose of inducing or aiding any railroad company or
companies not now doing business in the City of Dubuque, to
construct a line or lines of railroad into said city, should de-
sire to assist said company or companies in obtaining right of
way or terminal facilities, the City Council hereby reserves
the right to grant to said company or companies, at its dis-
cretion, subject to the conditions herein imposed, the right to
take exclusive possession of and to use, occupy and operate
for railroad purposes in perpetuity, the strip of ground four-
teen feet in width, and track thereon now wholly or in part
constructed, next to, adjoining and easterly of the said track of
the Illinois Central Railroad Company, on said fourteen foot
strip its entire length, reserving to the Chicago, Burlington
& Northern Railroad Company the right to so adjust its curves
and tracks south of Second Street, as to enable it to connect
with its track .now laid on First Street Extension; Provided,
That said company in so doing shall not encroach on that por-
tion of the easterly forty-four feet of the one hundred foot
strip south of Second Street to any further extent than to
maintain its track now laid; and in case such grant shall be
made by the City Council, the Chicago, Burlington & Northern
Railroad Company shall thereupon quit and surrender said
fourteen foot strip of ground and track to said railroad com-
pany or companies upon compensation, and repayment first
made to 'said Chicago; Burlington & Northern Railroad Com-
pany of the actual cost of filling said ground, but in nocase
to exceed the sum of twenty-five cents per cubic yard, and
actual value at the time of such taking of the bridges, culverts
and tracks, laid on and under the same, and in case the re-
spective companies shall not be able at any time to agree on
any question touching the cost and amount to be paid for such
filling track, culverts and bridges as herein provided, an issue
shall be made before a competent court of the County of Du-
buque, having jurisdiction in such castes,. a trial duly had and
the amount of recovery, as found on such trial, shall be final,
conclusive and binding upon each of said companies, and no
appeal therefrom shall be taken, nor shall there be any undue
delay to such proceeding.
252 SPECIAL ORDINANCES.
Sec. 4. The said Chicago, Burlington & Northern Rail-
road Company shall, on or before the first day of November,
1891, fill up all the ground granted it by this Ordinance, lying
north of the south line of Second Street to the north line of
Third Street, and east of the present track of said company
between said streets, and in doing such filling, and all filling -
required in the construction of its tracks on the ground herein.
granted, said company shall provide for proper and suitable
drainage so as not to obstruct or in any manner interfere with
the sewers or culverts now emptying into said land, and so as
to carry the water north of Third Street below Second Street
and into the ice harbor, such drainage to be done under the
supervision of the City Engineer, and to the satisfaction of the
City Council.
Sec. 5. Said Chicago, Burlington & Northern Railroad
Company, shall erect and forever maintaina suitable pas-
senger depot, between Second and Third Streets east of its
third track to be located and placed as herein described, and
shall complete such depot, and the roadway and the driveway
herein provided for, on or before the first day of November,
1891.
Sec. 6. The said Chicago, Burlington '& Northern Rail-
road Company shall on accepting this Ordinance, relinquish
all rights which it now has to two triangular pieces of ground,
adjoining Lot 528 in the City of Dubuque, which pieces are
more fully described in Section 2 of Chapter 84, of the revised
City Ordinances of the City of Dubuque; and shall make no
further claim to said two triangular pieces of ground after its
acceptance of this Ordinance, that being a condition of the
grant herein made.
Sec. 7: This grant is given and made, subject to the
rights, conditions, forfeitures, restrictions and limitations, ex-
cept as herein modified, contained in the original Ordinance,
being Chapter 84 aforesaid and entitled, "An Ordinance grant-
ing to the Chicago, Burlington & Northern Railroad Com-
pany, its successors and assigns, the right of way across and
along certain streets and alleys, and to use and occupy for
railroad purposes, certain public grounds in the City of Du-
buque, adopted February io, 1886, and accepted on the i8th
day of February, 1886, by A. E. Touzalin, President of the
Chicago, Burlington & Northern Railroad Company, as far as
the same are applicable thereto. In case of failure on the part
of said Chicago, Burlington & Northern Railroad Company
to complete its passenger depot, and the street herein provided
for by the time specified herein, to -wit : November 1, 1891,
this Ordinance shall be absolutely null and void, without fur -
SPECIAL ORDINANCES.._ 253
titer action on the part of the City Council, and such failure
shall operate as a repeal of this Ordinance, and place the par-
ties in 'the same position as if this Ordinance had not been
passed.
Sec. 8. The grant herein contained, authorizing the
construction of the first track to be built east of the present
track now occupied by the said Chicago, Burlington & North-
ern Railroad Company, on said one hundred foot strip, and,
next thereto, and the right to use said track now laid on said
one hundred foot strip, Provided, No other company or com-
panies purchase the same as herein provided, shall be subject
to all the provisions and restrictions contained in Sections Io,
12 and 13 of Chapter 77, of the Acts of the Seventeenth Gen-
eral Assembly, and of Section 1792 of the Code of Iowa, as
amended by the act of March 13, 1874, and any and all acts
which may be hereafter passed in amendment thereof, or sup-
plementary thereto, it being the express intention of this clause
to provide that the said Chicago, Burlington & Northern Rail-
road Company shall, on request, receive, transport and deliver
all loaded or empty cars of any other connecting railroad or
railroads over and upon said two tracks upon the terms of a
reasonable charge for like charges, as provided by law, and ,
should any difference arise as to the proper compensation for
such service the question will be referred to the Railroad Com-
missioners of the State of Iowa, whose decision shall be final
and conclusive upon all parties concerned.
Sec. 9. This Ordinance shall be published in the official
papers of the city, and shall take effect and be in force from
and after its passage and publication in the Dubuque Daily
Telegraph and the acceptance of its terms and conditions by
the president or vice-president of said Chicago, Burlington &
Northern Railroad Company, in writing, within sixty days from
the date of said publication.
Adopted October 6, 189o.
Published in the Dubuque Daily Telegraph October 17,
189o.
Approved:
Attest : R. W. STEWART,
J. C. FITZPATRICK, Mayor.
Recorder.
To the City Council of the City of Dubuque :
Pursuant to the terms of Section 9 of an Ordinance adopt-
ed by your honorable body October 6, 189o, entitled:
"An Ordinance granting to the Chicago, Burlington &
Northern Railroad Company, its successors and assigns, the
254 SPECIAL ORDINANCES.
right to use and occupy certain streets and public grounds in
the City of Dubuque, and to amend Chapter 84 of the Revised
Ordinances of the City of Dubuque, granting said railway com-
pany certain rights and privileges,"
I, George B. Harris, vice-president of the said Chicago,
Burlington & Northern Railroad Company, and fully author-
ized and empowered by said company to accept the terms
and conditions of said Ordinance, do hereby, on behalf of and
for said corporation, accept all and singular the terms and
conditions of the said Ordinance, and do hereby notify your
honorable body of the acceptance thereof by said company.
In witness whereof I have hereunto set my hand and
the seal of said company this i3th day of October, A. D., 189o.
GEORGE HARRIS,
Vice -President Chicago, Burlington & Northern Railroad
Company.
CHAPTER XXXIV.
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 I. That permission be, and the same is hereby
granted to the Illinois Central Railroad Company, its suc-
cessors and assigns, to lay down and operate a single railway
track from a convenient 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 Ordinance granting to the Dubuque, Bellevue & Mis-
sissippi Railway Company and to the Dubuque & Minnesota
Railway Company the right of way through the City of Du-
buque," passed February 2, 1871, be, and the same is hereby
so far modified, that the said Dubuque, Bellevue & Mississippi
Railway Company, and said Dubuque & 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 expense, grade the one-half of said alley on which its
SPECIAL ORDINANCES. 255
track shall be laid, and that portion of any street crossed and
occupied by its 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 per-
mitted, shall at street crossings plank between the rails, and
make suitable approaches to enable vehicles to cross its track, -
and shall strictly comply with all reasonable police regula-
tions which the authorities of this city may establish in rela-
tion 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 conform 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 Illi-
nois Central Railroad Company, given to the Mayor of this
city, and the publication of this Ordinance in the official papers
of this city, at the expense of said company.
Passed December 2, 1874.
CHAPTER XXXV.
AN ORDINANCE granting to the Illinois Central Railroad
Company the right to extend the railroad track operated
by it on Jackson Street to Tenth Street in the City of
Dubuque.
Be it Ordained by the .City Council of the City of Dubuque :
Section i. That permission, with the right of way, be,
and the same is hereby granted unto the Illinois Central Rail-
road Company, to extend the railroad track now operated by
it on Jackson Street, in the City of Dubuque, from its present
terminus near Eighth Street, up and along said Jackson Street
to its intersection with Tenth Street, said company to have
and use such extended track with the same rights and privileges
and under the same conditions, limitations and restrictions as
are given and imposed by the Ordinance authorizing and regu-
lating the Dubuque Lumbermen & Manufacturers' Railroad
Company, adopted July io, 1869.
Sec. 2. Provided, That in the construction of said track
across Eighth Street, the same be so constructed as not to
256 SPECIAL ORDINANCES.
interfere with the capacity of the sewer on said street, or the
flow of water therein, and that- the extension aforesaid. be made
under the supervision and to the satisfaction of the Committee
on Streets of said city.
Sec. 3. That the city reserves the right to revoke the
privileges hereby granted at any time after five years.
Sec. 4. That this Ordinance shall be in force from and
after one publication of the same in the official papers of the
city, said publication to be without expense to the city.
Passed May 2, 1881.
CHAPTER XXXVI.
AN ORDINANCE granting to the. Illinois Central Railroad
Company the right to lay a switch and side track.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That permission be and is hereby granted
to the Illinois Central Railway Company, its successors and
assigns, to lay and operate a switch or single railway track on
Washington Street, in the City of Dubuque, from the main
line of railway on said street to a point opposite and along
the Dubuque Oat Meal Mill.
Sec, 2. That said Illinois Central Railroad Company,
and their successors and assigns, whenever required by the
City Council of said city, shall, at its own cost and expense,
so grade the street or part thereof on which said track may
be laid, and pave or plank the space between the rails and
the ends of the ties, in such manner as will afford an easy
passage for wagons or other vehicles, and place the grade of
said track as may be directed by the city authorities, and in
all things comply with the ordinances of said city, so far as
the obstruction of streets and gutters are concerned, and not
inconsistent with the permission hereby given.
Sec. 3. That at any time after the period of three years
from the first of May, 1882, the said city may revoke the rights
hereby granted.
Passed July 3, 1882.
CHAPTER XXXVII.
AN ORDINANCE granting right of way to the Illinois Cen-
tral Railroad Company over certain streets and public
grounds, in the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section T. That authority be, and the same is hereby
granted to the Illinois Central Railroad Company, its suc
SPECIAL ORDINANCES.
257 \
cessors and assigns, to use so much of the public grounds
and highways of this city, as may be necessary, and on which
to construct, operate, and forever maintain and use railroad
tracks for the runningof
locomotives,oicars
as follows nins of cars,
for the uses and purposes
A single track from a point of junction with the Dunleith
& Dubuque Bridge Company's track north of Fifth Street,
to be selected by the engineers of said Railroad Company; -
thence southerly to a point where the center line of said Bridge
Company's track will be twenty-eight feet distant from the
center line of said new track ; thence southerly and parallel to
said Bridge Company's track, maintaining said distance from
center to center therefrom to and across Jones street.
Also such tracks as may be necessary to connect in a
proper and suitable manner the track to be laid as aforesaid,
with whatever tracks may be laid by said company, its suc-
cessors or assigns, on Block number two in the Dubuque
Harbor Company's Addition to the City of Dubuque ; also
such tracks as may be necessary across Jones, Dodge, Charter
and Camp Streets and Railroad Avenue, in said Harbor Com-
pany's Addition, east or west of Iowa Street, to connect or
extend any tracks said railroad company may construct or lay
on or along the property now owned by it, on either side of
said street.
Also a track from the south side of First Street along
Warren Street, in said Harbor Company's Addition, southerly
to connect with tracks laid, or that may be laid by said com-
pany on Iowa Street.
It is understood that this Ordinance shall be construed to,
be a mutual contract between the City of Dubuque and said
Illinois Central Railroad Company, and in consideration of the
rights and privileges hereby conferred upon said company,
it hereby agrees, and by acting in any manner in pursuance of
this Ordinance, shall be taken to contract, and agree as fol-
lows : That with all reasonable diligence, after the passage of
this Ordinance, it will lay the track from Jones Street north,
first hereinbefore provided for ; that, as required by the resolu-
tion of the City Council of this city, heretofore passed on the
subject it will fill to grade the west one hundred feet of Blocks
Two, Three and Nine, and the east half of Blocks One and Ten,
in the Dubuque Harbor Company's Addition ; that it will fill
Iowa Street to its full width between First and Jones Street,
and construct and maintain a substantial plank sidewalk four
feet wide, as nearly as practicable, along the east side of that
portion of that street ; that it will grade and macadamize said
portion of said street the full width of the same on either side
258 SPECIAL ORDINANCES.
of the Bridge Company's track ; that it will not allow its cars to
stand to be loaded or unloaded on Iowa street at its junction
with First Street ; that it will plank with good oak plank be-
tween the rails of all its tracks on Iowa Street where it joins
First Street and on First Street, and in a similar manner be-
tween said tracks; that where any of its said tracks he next to
said Bridge Company's track, or the track of the Chicago,
Milwaukee & St. Paul Railroad Company, it will plank as afore-
said, one-half of the space from any of its said tracks towards
the track of such other company as aforesaid ; that it will at all
times maintain the planking so to be done in good order and
condition ; that it will so grade and cover with hard material
the slopes, from said Bridge Company's track at Second and
Fourth Streets the full width of said streets ; that the incline on
them shall not be any greater than it is at present ; that any rail-
road company which has not now a line of road into the city,
and which hereafter builds a new line of railroad into the
city, shall have the right to cross with its main line of road
at any point north of the south line of First Street the track
authorized by this Ordinance to be laid north thereof, the
point of crossing to be designated by the City Council, and
the crossing to be put in and maintained at the joint expense
of both companies ; that it will in a proper and suitable man-
ner at all street crossings of the tracks hereinbefore contem-
plated, plank in manner aforesaid between ,the rails and be-
tween the tracks where it has more than one track, and main-
tain the same in good order and condition ; that it will carry all
sewers and drains crossed by any of said tracks under and
across the same so that said drains and sewers shall not be
obstructed by the construction of any of said tracks ; that it
will construct and maintain, whenever required by the City
Council, other suitable culverts and drains under said tracks
to admit of proper drainage under the same; that as the prop-
erty abutting on Warren Street is filled by the owners, said
company will fill said street to keep apace with such filling so
'that said street shall at all times be filled as high as said abut-
ting property ; that all of said work shall be done to the satis-
faction of the City Council of this city, and the planking here-
inbefore provided for, shall be done so that vehicles can easily
pass over the side tracks and crossings, and shall extend across
the full width of the streets crossed; and said Illinois Central
Railroad Company- shall further be taken to agree, as aforesaid,
that, if within three years from the date of the passage of this
Ordinance, it is requested so to do by the City Council, for the
main line of a new road built into the city after the passage of
this Ordinance, or at the time of such request, so being built
by a company not now having such a line of road, it will, within
a reasonable time after such request is made, and for a reason-
1
SPECIAL ORDINANCES. 259
to exceed the
um
f six
able dollars,
and after ion, in no
pt legal authoritysis assured dtto it
thou-
sand dollars, proper be
bynecessary
the city out pna bed on which one it so to do, do whatever ch main railroad
necessary toprepare
track can be laid from the north line of First Street to the south
line of Sixth Street, the center line of such main track not at
any point to be more than fourteen feet east from the center
line of the track which shall be laid by said Illinois Central
Company in the same locality in pursuance of this Ordinance.
The compensation herein provided to be paid said Illi-
afor Centro RailroadCompany cuetor bepdoing of the filling as
paid to the satisfaction
aforesaid to be paid,
of said company, before it shall be obliged to do said work.
Sec. 2. That the tracks laid in pursuance of this Ordi-
nance shall be laid to grade established or that may be estab-
lished by the City Council, and shall be raised or lowered by
the expense of said Illinois Central Railroad Company, as said
Council may alter the grade of the street affected by them.
Sec. 3. That said company shall strictly comply with
all reasonable police regulations which the authorities of said
city may establish in relation to the running of cars on said
tracks within the city limits.
Passed January 8, 1883.
CHAPTER XXXVIII.
AN ORDINANCE granting to the Illinois Central Railroad
Company, its successors and assigns, the right of way
along and across certain streets and alleys in the City of
Dubuque, for the purposes of constructing and operating
a railway track thereon.
Be it Ordained by the City Council of the City of Dubuque :
Section i. That the right be and is hereby granted to the •
Illinois Central Railroad Company, its successors and assigns,
to construct and forever maintain and operate in this city a
railway track for railway purposes, in connection with the lines
of railway now operated by said company, as follows : Com-
mencing at a point on the Illinois Central Company's track
near the south line of Block 28, in Dubuque Harbor Company's
Addition, thence across Block 28 to a point in the center of
Salina Street, south of Railroad Avenue ; thence northerly along
Salina Street, crossing Railroad Avenue at a right angle with
the same, to the intersection of Dodge and West Main Streets ;
thence along West Main Street to the south line of Jones Street,
ar
260 SPECIAL ORDINANCES.
crossing all intervening streets and alleys. Also the right to
construct, maintain and operate a branch - track from a con-
nection with said track in Salina Street and West Main Street,
west on Dodge Street to the west line of Harrison Street, cross-
ing all intervening streets and alleys ; also, with the right to
connect the lines herein described by suitable and practicable
curves. Also the further right to construct spur tracks, under
the direction of the City Council, to any and all factories and
other industries that are or may hereafter be located along or
on property adjoining any of the routes hereinbefore described.
Sec. 2. Said tracks shall be laid in the center of said streets
unless otherwise ordered by the City Council. Said railroad
company shall, whenever required to do so by the City Coun-
cil, fill to grade with earth filling the streets along which said
tracks shall be laid, the full width thereof ; and also fill any lot or
lots abutting on the streets so occupied. For all filling so put
in by said railroad company, other than that required for the
purposes of its tracks, it shall be entitled to compensation at a
rate per yard equal to the actual cost of said filling; the amount
of said filling so to be paid for to be measured and estimated
by the City Engineer and the engineer of said railroad company.
Sec. 3. The surface of the roadbed herein required shall
be not less than fourteen feet in width, and the tracks 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 tracks shall be changed to conform to such changes of
grade ; such change of the tracks to be made at the expense of
the said railway company, and said railway company shall have
no claim for damages against the city because of such change.
At all crossings the said railway company shall keep the space
between the rails, and one foot outside of the same properly
planked in such a manner that carriages and other vehicles
may easily pass over the same ; and, whenever it shall be neces-
sary, and the City Council shall require, said company shall
maintain suitable waterways under said tracks, without expense
to the city, so that said tracks shall not be an obstruction to the
proper drainage of the localities through which they may be
laid, and as may be determined by the City Council.
Sec. 4. Said company shall comply with all reasonable
police regulations from time to time made governing the use
and operation of said tracks.
Sec. 5. The construction of the track along Salina Street
and West Main Street shall be commenced as soon as practic-
able, and the work thereon shall be continued with all reason-
able diligence, and be completed on or before October 1, 1895,
unless delayed by injunction or other legal proceeding. Un-
SPECIAL ORDINANCES. 261
less said work is commenced within three months, all rights
under this Ordinance may be declared forfeited at the option
of the City Council. The track along Dodge Street, and the
spur tracks hereinbefore mentioned, shall be constructed when-
ever it is necessary to do so, to any industries, warehouses or
factories that are now or may be hereafter located along any of
the routes hereinbefore described.
Sec. 6. Said railway company shall save the city from all
liability for, or, in case of suit thereon, shall make proper de-
fense to all claims against the City of Dubuque for damages
caused to any persons or property by the construction of said
tracks along or across any street or alley occupied by them,
or by the movement of cars or locomotives switched or used
on said tracks, and shall be liable for the amount of any judg-
ment recovered against the City.of Dubuque on any action for
damage on any such claims.
Sec. 7. It is further expressly stipulated and provided
that all railway companies now or hereafter operating tracks
in the City of Dubuque shall be entitled at any time to have
their cars transferred over said tracks, and all intermediate
tracks of said Illinois Central Railroad Company in the City of
Dubuque, necessary to be used in order to connect with the
sidetracks herein authorized, at reasonable switching rates,
which shall not exceed $2.00 for each loaded car, and empty
cars free, so transferred and switched. Provided, That no rail-
road company having track facilities in the City of Dubuque
shall be entitled to have its cars so transferred, unless such rail-
road company shall permit the use of its sidetracks in said city
by other railroad companies upon the same terms. If the
rate for such transferring and switching cannot be agreed upon
by the railroad companies interested in the use of said tracks,
the charge therefor shall be fixed and determined by the City
Council, who shall finally fix and regulate the same.
Sec. 8. The rights and privileges herein granted by the
City of Dubuque are upon the further express condition that
said Illinois Central Railroad Company, before constructing
any of the tracks herein authorized, shall comply with the pro-
visions and requirements of Section 464, Title 4, Chapter io,
of the Code of Iowa.
Sec. 9. It is expressly understood that this Ordinance,
when accepted by the said Illinois Central Railroad Company,
shall be construed to be a mutual contract between the City of
Dubuque and said railroad company, and in consideration of
the rights and privileges conferred upon said company, it here-
by agrees to be bound by and perform all the conditions and
obligations herein contained and specified.
MIN
262 SPECIAL ORDINANCES.
Sec. io. That this Ordinance, if accepted in writing by the
Illinois Central Railroad Company within fifteen days from and
after its passage, and approval by the Mayor, shall be published
one time in the Dubuque Daily Herald newspaper, and shall
thereupon take effect and be in force ; otherwise it shall be
null and void.
Adopted January 17, 1893.
Approved by
PETER OLINGER,
Mayor.
Attest :
T. J. COONEY,
City Recorder.
The foregoing Ordinance accepted January 21, 1895.
ILLINOIS CENTRAL RAILROAD COMPANY,
By STI_YVESANT FISH,
President.
Attest :
F. B. HARRIMAN,
Superintendent.
CHAPTER XXXIX.
AN ORDINANCE granting the Illinois Central Railroad Com-
pany, its successors and assigns, the right of way over and
across certain streets in the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section i. That permission be and the same is hereby
granted to the Illinois Central Railroad Company, its success-
ors and assigns, to construct, maintain and operate a side
track, from a point on -its Salina Street track, a shout distance
north of Charter Street, and thence westerly across West Main,
Harrison and South Locust Street, and thence westerly across
Harrison and South Locust Street, on the premises of
James Beach & Son. Said track to cross South Locust
Street at about right angles, at a point 27o feet south of the
south line of Dodge Street.
Sec. 2. That the track herein authorized shall be laid
to the established grade of the city, and should any grade be
changed at any time, the said track shall be changed to con-
form to such grade.
Sec. 3. That the Illinois Central Railroad Company shall
switch the cars of other railway companies owning and ope-
SPECIAL ORDINANCES.
rating railway lines in the City of Dub tided over this track, at
a charge of not more than $2.0o per
car.
Sec. 4. That this Ordinance shall take effect and be in
the Dubuque
e Dail erits passage Teleg Telegraph, and its written acceptann one ce tin
ime,
aDubuque Y
said Illinois Central Railroad Company within ten days.
Adopted September 4, 1895.
263
Chicago, Sept. 13, 1893.
Whereas, by an Ordinance of the City of Dubuque, Iowa,
passed at the session of its common council,
on thegraFtiourth
day of September, 1895, entitled, "An Ordinance,"
the Illinois Central Railroad Company,
its successors and as-
signs, the right of way over and across certain streets her),
e
City of Dubuque, (a copy of said Ordinance appendedie thb
the written acceptance by the said Railroad Company y
there -
Section Four thereof
withtherequire
rrequirements of d within ten Sect on Four of
s. Now,
fore, compliance
said Ordinance the Illinois Central Railroad Company does
hereby accept said Ordinance, and agree to the terms of said
Ordinance and the duties imposed upon it by said Ordinance
as hereto attached. This the i3th day of September, 1895.
Witness name and corporate Illinois Central Railroad Com-
pany by J. T. Harrahan, Second Vice -President.
CHAPTER XL.
AN ORDINANCE granting to the Illinois Central Railroad
Company the right to lay a track on Iowa Street between
First and Jones Streets.
Be it Ordained by the City Council of the City of Dubuque:
Section i. That permission, with the right of way, be and
the same is hereby granted unto the Illinois Central Railroad
Company to lay a track in Iowa Street between First Street
and Jones Street, beginning at a point about the center of the
intersection of First Street with Iowa Street and extending in
a southerly direction along said Iowa Street to and ending at
a point directly opposite the present terminus of' the track on
said Company's property immediately east of the freight de-
pot of said company, the said terminus being about fifty feet
north of the north line of Jones Street.
Sec. 2. The city hereby reserves the right to at any time
require said track removed by said company, and to revoke the
right of way herein granted.
•
264 SPECIAL ORDINANCES.
Sec. 3. That this Ordinance shall
after its publication in the official paper
Passed September 3o, 1897.
Approved October 4, 1897.
Attest :
L. M. LANGSTAFF,
City Recorder.
Published in the Dubuque Daily Telegraph newspaper,
October 5, 1897.
be in force from and
of the city.
T. T. DUFFY,
Mayor.
L. M. LANGSTAFF,
City Recorder.
CHAPTER XLI.
AN ORDINANCE granting to the Illinois Central Railroad
Company the right to lay a sidetrack on the west side of
Washington Street from a point one hundred feet north
of Eighth Street to a point about fifty feet north of Tenth
Street.
Be it Ordained by the City Council of the City of Dubuque :
Section T. That permission be and the same is hereby
granted to the Illinois Central Railroad Company, its success-
ors and assigns, to lay down, operate and maintain a sidetrack
on the westerly side of Washington Street in the City of Du-
buque, from a point of intersection with the main railway track
now maintained and operated on said street by said railway
company about one hundred feet north of Eighth Street, to a
point about fifty feet north of Tenth Street.
Sec. 2. That in the laying down and operation of said
sidetrack, the same shall be so constructed and maintained as to
create the least possible obstruction with the ordinary travel
and use of said street as a public highway; that cars shall not
be allowed to stand at the intersection of said sidetrack with
Ninth and Tenth Streets, that said Ninth and Tenth streets, in-
cluding the sidewalk on both sides shall be kept free and clear
for travel at all times except when it may be necessary for cars
to be switched across the same.
Sec. 3. That said sidetrack hereby authorized, shall be
laid to the established grade of the street, and should the grade
be changed at any time, the said sidetrack shall be so changed
as to conform to such change of grade at the expense of the
railway company, and the company shall have no claim for
damage against the city by reason of said change.
SPECIAL ORDINANCES.
265
Sec. 4. That said railway company shall keep the space
between the rails of said sidetrack, and to the ends of the ties
so graded that carriages and other vehicles may easily pass
over the same ; that at the intersection of Ninth and Tenth
Streets, and any other portion of said sidetrack, when required
by the -City Council, said railway company shall plank between
the rails, and make suitable approaches to enable vehicles to
easily cross the same.
Sec. 5. That said sidetrack shall be so constructed and
rainage
ofmaintained atr as not uttedam
rs of por the ntersectinstruct g trr flow
ets, o r on the
of water in the g
surface of the streets occupied by the same ; and said railway
company shall be subject to and strictly comply with all reason-
able police regulations which the authorities of the city may
establish in relation to the running of trains on said track.
Sec. 6. That any other railroad company operating in the
City of Dubuque shall have the privilige of switching their own
cars on and off said sidetrack whenever they may desire to do
so, with their own engines, upon the payment to,, said Illinois
Central Railroad Company of such sum as may be fixed by the
City Council now or hereafter ; but not to exceed fifty cents
per car and which sum so paid shall include the use of Wash-
ington Street track and all tracks leading to or from the side
track mentioned in this Ordinance.
Sec. 7. That the city reserves the right to revoke the privi-
leges hereby granted at any time after five years.
Sec. 8. That this Ordinance shall take effect and be in
force from and after its publication one time in the Dubuque
Daily Telegraph newspaper.
Passed November 18, 1897.
Approved December 6, 1897.
Attest :
L. M. LANGSTAFF,
City Recorder.
T. T. DUFFY,
Mayor.
Dubuque, Dec. i, 1897.
Hon.'T. T. Duffy, Mayor, Dubuque:
Dear Sir : On behalf of the Illinois Central Railroad Com-
pany I accept the Ordinance passed November 18, 1897, by
your City Council, entitled an "Ordinance granting to the Illi-
nois Central Railroad Company, the right to lay a sidetrack on
the, west side of Washington Street, from a point one hundred
feet north of Eighth Street to a point about fifty feet north of
Tenth Street."
F. B. HARRIMAN,
Superintendent.
266 SPECIAL ORDINANCES.
CHAPTER XLII.
AN ORDINANCE granting to C. H. Booth and H. L.
Stout the right of way for a railroad track over and along
certain public property and highways in the City of Du-
buque.
Be it Ordained by the City Council of the City of Dubuque :
Section T. That permission be, and the same is hereby
granted to Caleb H. Booth and Henry L. Stout, their suc-
cessors, assigns, and legal representatives, to lay down and
operate a single railway track from a convenient point on the
Dunleith & Dubuque Bridge Company's track between Fourth
and Fifth Streets, over and along the public property owned
by the city, in an easterly direction to and along the alley be-
tween Third and Fourth Streets, and along said alley easterly
to the outer levee, as shown on the plat of Booth's Addi-
tion.
Sec. 2. That said franchise is given upon the express
condition that the track so permitted to be laid and operated
shall be put in at a grade to be approved by the City Council,
and in such a manner as not to obstruct, or in any way inter-
fere with, the use of what is known as the "one hundred foot
strip," lying east of the bridge company's track, by any line
or lines of railway which the city may hereafter authorize to
be laid thereon ; and upon the further condition that the City
of Dubuque shall have the right to impose any reasonable police
regulations in connection with the use and operation of said
track, and also to require said Booth & Stout, their assigns or
legal representatives, to plank, pave or macadamize between
and adjacent to the rails of their said track, where it may cross
said one hundred foot strip, or any street or alley which it may -
cross or occupy in Booth's Addition.
Sec. 3. That in the construction of the track provided for
herein, sufficient waterways shall be left, in the discretion and
under the direction of the city, to allow the overflow of water
where said track crosses the inner and outer sloughs.
Sec. 4. The rights hereby conferred are to be accepted
and acted upon, and said track laid and operated in accord-
ance with the provision of this Ordinance, within the period
of five years from the date of the passage of this Ordinance,
and if not so laid and operated within the time aforesaid, all
rights hereby granted shall cease and determine.
Passed January 8, 1883.
SPECIAL ORDINANCES.
267
CHAPTER XLIII.
AN ORDINANCE granting to Ingram, Kennedy & Day the
right to lay a railway track.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That permission be, and is hereby granted
to Ingram, Kennedy & Day, their successors and assigns, to
operate a single railway track on and along the
lay down . and
following streets and alleys in this city : From an intersec-
tion to be made with the Dunleith & Dubuque Bridge Com-
pany's track at the east end of the bridge crossing Seventh
Street slough ; thence in a northeasterly direction over and
across Bell and Clark Streets, and over and across the alley be-
tween Clark and Commercial Streets to a point near the corner
of Commercial and Tower Streets.
Sec. 2. That said Ingram, Kennedy & Day, their suc-
cessors and assigns, whenever required by the city authori-
ties, shall, at their own cost and expense, so grade any street
or alley, through or over which their track may be laid, and
pave or plank the space between the rails and the ends of the
ties, the entire width of such street or alley, in such manner
as will afford an easy passage for wagons and other vehicles.
Sec. 3. That said Ingram, Kennedy & Day be required
to put the said ti ack to any grade the city may establish.
Sec. 4. The said Ingram, Kennedy & Day shall strictly
comply with all reasonable police regulations which the authori-
ties of said city may establish in relation to the running of
trains on said track within the limits of said city.
Sec. 5. That the above right of way can be revoked at
pleasure of the City Council.
Sec. 6. That this Ordinance shall be in force from and
after its passage and publication in the official papers of the
city at the expense of the said Ingram, Kennedy & Day.
Passed April 3, 1878.
CHAPTER XLIV.
AN ORDINANCE authorizing the construction, maintenance
and operation of an Electric Street Railway in the City
of Dubuque.
Be it Ordained by the City Council of the City of Dubuque
Section 1. That permission and authority are hereby
granted to David H. Ogden, his successors and assigns, to
construct, maintain and operate a single track electric street
268 SPECIAL ORDINANCES.
railway with all the necessary turnouts, turntables, sidetracks,
and switches in, upon and along the following named streets
in said city, to -wit : Commencing at the foot of Eighth Street
near the track of the Chicago, St. Paul & Kansas City Rail-
way, extending in or along as nearly as practicable the center
line of Eighth Street, in a westerly direction to the west line
of what is now known as the "Omnibus Barn," thence westerly
along or upon Eighth Street, thirty-four feet from the north
line of said street, to Hill Street ; thence along or upon Hill
Street in a southerly direction twenty-eight feet from the west
line of said street to the intersection of West Fifth and Hill
Streets ; thence in a southwesterly direction along or upon the
center line of •Hill Street to Third Street ; thence westerly along
and upon the center line of Third Street to Alpine Street ; thence
northwesterly along or upon the center of Alpine Street to
Julien Avenue ; thence westerly along or upon the center of
Julien Avenue to Delhi (road) Street ; thence southwesterly
along or upon the center of Delhi Street to Grandview Avenue.
And the said street railway shall be constructed under the
direction of the Committee on Streets and City Engineer.
Sec. 2. The construction of said railway shall be com-
menced within sixty days after the passage of this Ordinance,
and said railway shall be completed and in full operation on
or before January 1, 189o, but the injury to the property
abutting on the easterly side of Hill Street, between Eighth
Street and West Fifth Street, shall first be ascertained and
compensated by said Ogden, his successors and assigns, in
the manner provided by law for taking private property for
works of internal improvement, and such compensation is here-
by made a condition of the privilege granted by the Ordinance.
Sec. 3. That permission and authority are hereby granted
to David H. Ogden, his successors and assigns, to construct,
maintain and operate a single track electric street railway, with
all necessary turnouts, turn tables, side tracks and switches, in,
upon and along the following named streets, to -wit: Commenc-
ing at Delhi Street, thence along or upon Grandview Avenue in
a southerly direction to the terminus of the same; commencing
also at or near the east side of Grandview Avenue, thence ex-
tending in a westerly direction on Delhi Street to Center Street,
thence northerly on Center Street to Arch Street, thence east
on Arch Street to West Locust Street, thence on West
Locust Street to the intersection of Seminary Street. The
railway on the streets mentioned in this Section shall be com-
pleted and in full operation on or before two years from the
date of the passage of this Ordinance.
Sec. 4. The said David H. Ogden, his successors and
assigns, shall pay, or in case of suit thereon shall make proper
SPECIAL ORDINANCES. 269
defense to all legal claims against the City of Dubuque for
damages caused to any person or property or to abutting
property owners by the construction or operation of said street
railway, across or along any street, alley or public place, and
shallbeliable for the
in any action any
or damagement rorovered action onainst
any
the City of Dubuquey. . of
such claims. And in all litigation
gaand in anylch the manner arising Du-
buque. may be made a party,
of the grant to said David H. Ogden, his successors and as-
signs, of the rights and privileges herein made or in relation
to any rights claimed adversely to the grants and privileges
Ogden, his
as-
signs, coshall
upon
being notified, said David of the pendencyo
frany such
signs, shall
action, make proper defense thereto, and shall be liable for
and shall pay any judgment or decree rendered against the
City of Dubuque therein.
The neglect or failure of said David H. Ogden, his suc-
cessors and assigns, to comply strictly with the provisions of
this Section shall work a forfeiture of all the rights and privi-
leges herein granted, which forfeiture shall take effect upon
and after the passage of a resolution by the City Council of
Dubuque declaring such forfeiture. And in the event of the
said David H. Ogden, his successors and assigns, failing to
comply with any of the provisions of this Ordinance, or violat-
ing the terms thereof, then he or they shall forfeit to the City
of Dubuque all rights given or granted under this Ordinance.
Sec. 5. The tracks of said railway shall not be elevated
above the surface of the street, and shall be so laid that car-
riages and other vehicles can easily and freely cross said tracks
at any and all points and in any and all directions without
obstruction.
Sec. 6. The said David H. Ogden, his successors and
assigns, shall repair all damages that may be done to streets,
in or by the construction of said railway, and shall also keep
the space between said railway tracks and a space of one foot
on each side thereof in good repair.
Sec. 7. The cars of said railway shall take precedence
over other vehicles, and if any, person shall unnecessarily
obstruct or impede the running of cars on the track of said
railway he shall be liable to be arrested, and his offense shall
be punished as a misdemeanor. It is also hereby made an
offense for any person to post any bill or bills on the posts or
otherwise deface the posts or other property used in connection
with or in the operation of said railway.
Sec. 8. The said David H. Ogden, his successors and
assigns, may regulate and establish, from -time to time, such
270
SPECIAL ORDINANCES.
rates of fare for the transportation of passengers over said
railway as he or they may deem reasonable ; Provided, The
charge for carrying a passenger from one extreme point to
another, or between two intermediate points, shall not exceed
five cents.
Sec. 9. The cars operated on said railway shall be pro-
pelled by electric power, and shall be run at a speed not ex-
ceeding six miles per hour east of the junction of Fifth and
Hill Streets, and not to exceed eight miles per hour west of
the junction of Fifth and Hill Streets. Upon the completion
of the railway between the points named in the first Section
of this Ordinance there shall be put in service not less than
two motor cars, each fourteen feet in length, and each equipped
with an electric motor of not less than fifteen horse power and
capable of drawing another car fourteen feet in length filled
with passengers.
Each motor and ordinary car shall carry and display the
necessary lights, and a bell or gong shall be rung, when nec-
essary, to warn the public at street crossings, and at all other
points exposed of the approach of cars.
Sec. Io. The City of Dubuque reserves the right to take
up and remove temporarily the rails of said railway whenever
it shall be necessary for the repair or improvement of the
streets, and for the laying of water or gas pipes or sewers or
for other public purposes ; but there shall be no unnecessary
delay by the city while such repairs or improvements are being
made. After such repairs or improvements shall have been
made, it shall be the duty of the said David H. Ogden, his
successors and assigns, to replace the rails and put in repair
such portion of the railway track as the city may have taken
up or removed.
Sec. II. Nothing herein contained shall be so construed
as to deprive the City of Dubuque of the right to authorize
any railway or street railway company to cross the tracks laid
down under authority of this Ordinance.
Sec. 12. For the purpose of operating a street railway, as
aforesaid, permission and authority are hereby granted to David
H. Ogden, his successors and assigns, to use the streets, lanes
and alleys, and other public places of the city for the purpose of
erecting and maintaining the necessary posts and poles and
placing or stringing thereon the necessary wires for conduct-
ing such currents of electricity as may be required for the mo-
tive power and for the lighting of the cars of said railway. Said
posts and poles shall be placed and located under the direction
and supervision of the Street Committee of the City Council.
Said posts and poles shall be straight and symmetrical, and
SPECIAL ORDINANCES.
shall be kept well painted. The wires on said posts or -poles
shall be strung and maintained at an elevation of not less than -
twenty feet above the surface of the street.
Sec. 13 —That permission and authority are hereby granted
to the said David H. Ogden, his successors and assigns, to con-
strict and maintain said railway across the track of any other
railway or street railway.
Sec. 14. The rights and privileges hereby conferred shall
continue for and during the term of twenty years from and after
the passage hereof.
Sec. 15. The said City of Dubuque hereby reserves the
con-
cerning g make all
andnecessaryand usual management poofce said street tr et railway
torning the op
to include the change of switches, side tracks and turn tables,
t ofu the drights anthe d privileges hereby lation of rates of speed
a d during
ring continu-
ance
Sec. 16. The said David H. Ogden, his successors and as-
signs, shall have the right to use any telephone,telegraph,
electric light or fire alarm poles or posts owned or controlled
by the city, now set or which may be hereafter set along the
line of the said proposed electric street railway for the sup-
port of the wires or other appliances necessary to the opera-
tion or maintenance of said electric street railway. And when-
ever practicable the city shall have the right to use the poles
and posts now set or which may be hereafter set by the said
electric street railway for the extension, construction or main-
tenance of any telephone, telegraph, electric light or fire alarm
system, or for any other public use when such wire or wires are
or may be used ly for the beefit and use of the said
ty of
Dubuque; in either ecase the s ;vice to be rendered without ucom-
pensation.
Sec. 17. The said David H. Ogden, his successors and
assigns, shall cause one of the cars belonging to said street rail-
way to leave the western terminus of the road not later than 6
a. m. of each secular day, and there shall be made four single
trips (two each way) before 8 a. m., and that, thereafter, the
cars shall make trips on regular schedule time, taking not more
than thirty minutes for each single trip, including the necessary
stops at each end until twelve o'clock noon, and that thereafter
regular trips shall be made as in the forenoon until 6 p. m•,.
when the cars shall leave each terminus and make one single
trip over the road, after which time and until not later than
to o'clock p. m., cars shall be run over the road at regular in-
tervals as the business may demand, taking not more than
thirty minutes for each single trip.
271
272
SPECIAL ORDINANCES.
Sec. 18. If any other person, corporation or company
should at any time in the future desire to build and operate a
line of street railway on Julien avenue, westerly from the junc-
tion of Eighth street and Julien avenue, the said person or com-
pany shall have the right to use the track or tracks of this rail-
way, from the said junction east to the eastern terminus of said
road by paying for the use thereof, a reasonable compensation
to be fixed by the City Council ; Provided, however, that the
said David H. Ogden, his successors and assigns, shall be given
the first opportunity to build and operate a line of road on
Julien avenue, as aforesaid.
Sec. 19. In the construction of said street railway the
latest approved "Johnson Rail," of not less, than thirty-eight
pounds- to the yard shall be used, but a different rail may be
authorized by the Council ; Provided, A section of the kind of
rail proposed to be used shall be first submitted to the'Council
and approved by the Council. The switches of said street rail-
way shall be located as follows : One east of Jackson street on
-Eighth street ; one on Hill street between Fifth and Third
streets, or between Hill and Alpine streets, on Third street, and
one on Delhi street near the terminus of the road; and that a
Y may be placed to gain access to their car barns.
Sec. 2o. All cars run by the said David H. Ogden, his suc-
cessors and assigns, on the track of the electric street railway
shall come to a full stop before crossing the track of any other
railway or street railway now in use in the City of Dubuque.
Sec. 21. Should the said David H. Ogden, his successors
and assigns, at any time want to stop the operation of said elec-
tric street railway and remove the rails thereof, it shall be the
duty of the said David H. Ogden, his successors and assigns,
to repair and put in proper condition said portion of said street
or streets that said electric railway is laid on, and such repair
shall be done under the supervision of the Street Committee
and City Engineer.
Sec. 22. This ordinance shall be in force from and after
its publication in the official papers of the city, and its formal
acceptance in writing by the said David H. Ogden, his suc-
cessors and assigns.
Adopted March 4, 1889.
JOHN MULKERN, Mayor Pro Tem.
Attest : J. C. FITZPATRICK, City Recorder.
I hereby formally accept an ordinance entitled "An Ordi-
nance Authorizing the Construction, Maintenance and Opera-
tion of an Electric Street Railway in the City of Dubuque,"
SPECIAL ORDINANCES.
273
passed by the City Council at its regular session on March 4,
1889, and guarantee the carrying out of the provisions of the
same by my successors and assigns. DAVID H. OGDEN.
Dubuque, March 9, 1889.
Published March 12, 1889, in Daily Telegraph.
Sections 2 and 19 amended September 2, 1889.
CHAPTER XLV.
AN ORDINANCE granting to William L. Allen and Thomas
O. Swiney the right to maintain and operate an Electric
Street Railway, over and upon certain streets and public
places in the City of Dubuque, Iowa.
Be it Ordained by the City Council of the City of Dubuque
Section T. That permission and authority are hereby
granted to William L. Allen and Thomas O. Swiney, their heirs,
successors and assigns, to locate, lay, maintain, equip, operate
and use in the City cif Dubuque, a line or lines of street railway,
with single or double tracks, with the necessary turnouts, sid-
ings, telegraph and signal devices, and other requisite appli-
ances, over, upon, along, through and across such streets, ave-
nues and public places as follows, to -wit :
Commencing at South Dodge and Grandview avenue,
thence along South Dodge to Dodge, thence to Locust, north
on Locust to Fifth, east on Fifth to Iowa, thence on Iowa to
Sixteenth, thence on Sixteenth to Jackson, thence on Jackson
to Peru road, thence west on Peru road to Couler avenue ;
also commencing on Jackson and Eagle Point avenue, thence
on Eagle Point avenue to Windsor avenue, along Windsor ave-
nue to the city limits ; also commencing at Eleventh and Iowa,
thence west to Bluff, thence northerly on Bluff street to West
Locust street ; also commencing at Fourteenth and Iowa streets,
thence easterly on Fourteenth street to Jackson street, thence
northerly on Jackson street to Sixteenth street, to a junction
with its present tracks.
Provided, however, That said Allen & Swiney, their suc-
cessors and assigns, shall, whenever directed by the City Coun-
cil, at any time, or frdm time to time, extend their said railway
along any portion or portions of Grandview avenue then desig-
nated by the City Council, and not actually occupied by another
railway ; Provided, also, that said grantees shall not be required
to build its line of railway on South Dodge street until the city
shall have first brought the portion of said street on which the
grade has been established to the established grade.
274 SPECIAL ORDINANCES.
Sec. 2. That said railway may be operated by electricity
or any other new or modern improvement or invention that
may be approved by the City Council, but no steam or animal
power shall be used except in an emergency, when animal power
may be used.
Sec. 3. That said Allen & Swiney shall have the right to
erect such poles, wires and other appliances as may be required
to operate said railway, but the construction of said railway
and the erection of said poles, kind of poles, wires and other
appliances, shall be under the control and supervision of the
City Engineer, City Electrician and Committee on Streets;
Provided, That the City of Dubuque hereby reserves the right
whenever in the future it may deem it advisable to direct said
grantees, if practicable and proper, to place its wires under the
surface of the streets.
Sec. 4. The cars used shall be of the best modern style
and construction; they shall be comfortably heated during the
winter months, and shall at all times be properly lighted and
ventilated.
Sec. 5. Cars may be run at a speed of from six to twelve
miles per hour whenever such speed can be attained with safe-
ty to the traveling public.
Sec. 6. The said railway shall be constructed on the
established grades of the streets or highways. The tracks,
poles and other structures shall be raised or lowered without
expense to the city to correspond with any changes that may
be made in the grade of said streets.
Sec. 7. The tracks of said railway shall not be elevated
above the surface of the street, and shall be laid as near as
practicable to the center of the streets, and shall be so laid
that carriages and vehicles can easily cross said streets at all
points with the least obstruction possible, and shall keep the
space between the rails and one foot upon either side thereof
in good repair, and in winter time the heavy snow to be re-
moved from said portion of the street shall be hauled away
by said grantees to a place designated by the Street Com-
mittee.
Sec. 8. That such rail shall be used in the construction
of said railway as may be approved or ordered by the City
Council, and that the standard gauge of four feet eight and
one-half inches shall be used.
Sec. 9. That if said grantees shall construct its track
upon any street that is now or may be macadamized, then it
shall be the duty of said grantees to pay the cost of macadam -
SPECIAL ORDINANCES.
275
izing and remacadamizing the space between the rails, and one
foot upon either side thereof.
Sec. Io. That in the event the City of Dubuque shall
at any time change the mode of improving any street occupied
by the tracks of said railway from rovement, it shall be the macadamizing
lof said
of imp d grantees
to improve the portions of the streets between the rails and
one foot upon either side thereof at their own expense so as to
conform to the change made by the city.
Sec. 11. That whenever any of said railway tracks shall
pass over a gutter or other depression in the street, said
grantees shall, if deemed necessary by the City Council, at
their own cost, cover said gutter or depression from curb to
curb in such manner and with such material as shall be directed
or approved by the City Council, and maintain the same so
as to admit of the free passage of water. Or the City Council
at its option, may direct said grantees to pass over certain
gutters on a concave surface. Upon failure of said grantees
to comply with the requirements of this Section, the city may
cause said work to be done at the expense of said grantees.
Sec. 12. The cars of said railway shall commence run-
ning not later than 6 o'clock a. m., and shall cease not earlier
than 1o:3o p. m., and shall run during intervals of not more
than 15 minutes apart from each terminus on the main line,
which is at the north of the city limits on Couler Avenue, and
the corner of Locust and Dodge Streets on the south; on all
branch lines, cars shall be operated at intervals of thirty min-
utes in each direction. All cars running after sunset, shall be
provided with the signal lights in such colors as the Coun-
cil may direct or approve.
Sec. 13. The said grantees shall have the right to use
any fire alarm or other poles now set or which may hereafter
be set, and owned and controlled by the city, and the city
shall have the right to use the poles of said electric railway
for the construction or maintenance of any telephone, tele-
graph, electric light or fire alarm system, or any other public
use, in either case the service to be rendered without compensa-
tion.
Sec. 14. All cars used on said lines of railway shall be
used for carrying passengers, and the rate of fare for each
passenger traveling from one extreme point of said railway
system to the other, shall not exceed five cents, except when
to accommodate the public, cars are run after io :3o p. m., in
which case ten cents may be charged for each person riding.
Sec. 15. Also that the City Council may at any time
hereafter appoint an electrician at the expense of said grantees,
4
7 6 SPECIAL ORDINANCES.
or any other person operating any electric system, or electric
motor lines, or power plants, according to the number of miles.
operated by them. The duty of said Electrician shall be the
proper inspection of, at least once a week, of all insulated wires,
or electric wires and connections ; and report monthly to the
Council. It shall also be his duty to report all defects of wires
or connections, or any other cause that may be dangerous, im-
mediately to companies operating said wires and connections ;
and if such defects be not at once repaired by them, it shall be
his duty to repair such defects, or cause them to be repaired at
the expense of such company or grantees.
Sec. i6. Transfer privileges, by checks or other methods,
shall be given at all junctions with other street railways, to
such passengers as may request the same, said privileges to
be good for passage from the junction where given, and on
the first connecting car passing the desired direction, and on
no other car ; Provided, That such privileges are not required
to be given for passage over other railways which will not ac-
cept the same, and issue similar privileges, and exchange the
same on a proper division of the rate of fare. Provided,
further, that the details of effecting such privileges and di-
vision of the rate of fare thereon shall be under the control of
the City Council.
Sec. 17. Along South Dodge Street, Dodge Street, Locust
Street, or any portion thereof, where the City Council shall at
any future time find it necessary, or for the city's interest to
grant privileges to any other person or corporation, the said
grantee shall permit such person or corporation to use their
track', or shall move their track and apparatus to one side, so
that other track and apparatus may be placed in same street
or portion thereof, as the City Council may at the time deter-
mine, for a reasonable compensation, in either case, to be fixed•
by the City Council at the time, which compensation for use
of track shall be not less than four per cent per annum on the
cost of the portion used, as the same may be made to appear
to the City Council, and a reasonable amount for maintenance
of said track ; and the City Council shall have the right to regu-
late the method of use thereof, and of running thereon, so as
to prevent accidents, delays and other inconveniences. Said
grantee shall not lay a double track in any of the streets named
in this Section, or in that portion of Iowa Street between
Eleventh Street and the northerly side of Thirteenth Street,
without the consent of the City Council, and when a single
track shall have been laid as such in any street, it shall not
afterwards be changed to a double track without such consent.
Sec. 18. In all cases where any team or vehicle shall
meet any car on any of said lines of railway, or either of
SPECIAL ORDINANCES. 277
them, or shall be overtaken by any car thereon,such
chsteam
l with
vehicle shall give way to such car. No person
fully or unnecessarily obstruct, hinder, delay or interfere
with the passage of any of the cars on either of said lines of
railway or tracks, by placing or driving, or stopping any
team, vehicle, or obstacle, or thing, in, upon, across, along
or near the traeck of conductorr of said or other lines
person r nlwachargetof abecarr'
notified by
thereon by the ringing of the car bell, or otherwise ; all who-
ever shall violate any, of the provisions of this Section, shall
upon conviction thereof, be punished by a fine of not more than
one hundred dollars or less than five dollars.
Sec. 19. Said grantees shall construct the lines, by this
Ordinance authorized, and equip and operate the same within
one year from the date of the publication of this Ordinance.
The work of construction shall commence fnot later saId company shalln
April 1, 189o. Provided, however,
that be restrained from proceeding with the work of constructing
said railroad by order or injunction of any re reason court,
rashy all
lbbe
hindered or delayed in the said work by
improvement being carried on by the City of Dubuque, or be
otherwise delayed, hindered or obstructed in their said con-
struction, or in the exercise of the rights and privileges to
them granted or permitted under this Ordinance without fault
on- their part, the time which they shall be so restrained, en-
joined, hindered or delayed, shall be excluded from the time
herein prescribed for the completion of the said road, and
shall be allowed to said grantees in addition to the time above
specified for its completion. The City of Dubuque, however,
shall have, and it hereby reserves the right to intervene in any
suit or proceeding for such injunction or restraining order, and
to move for a dissolution of the same in case it shall deem
such suit or proceeding collusive, or for the purpose of delay,
or to extend the time herein prescribed for the completion of
the road.
Sec. 20. Said grantees shall be liable to any person in-
jured by reason of ,the construction and maintenance of said
electric railway and power plant.
Should any action be commenced or prosecuted against
the City of Dubuque, upon any such claim for damages, said
grantees or their agent shall upon being notified of such suit,
defend the same; and should any judgment be rendered against
the city thereon, the amount of such judgment with costs, shall
be recovered against said company in a proper proceeding,
and the record of the judgment against the city shall be con-
clusive evidence to entitle the city to recover against said
grantees.
278 SPECIAL ORDINANCES.
Sec. 21. If said grantees desire to build, equip and operate
said lines of railway, in accordance with the provisions of this
Ordinance, they shall file their acceptance with the City Re-
corder within 3o days after the passage of this Ordinance.
Sec. 22. The said grantees, their successors and assigns,
shall be entitled to enjoy the privileges hereby granted, for the
term of twenty-five years, from and after th-e passage and pub-
lication of this Ordinance.
Sec. 23. The City of Dubuque reserves the right to make
all usual and reasonable police regulations concerning the con-
struction, operation and management of said street railway.
Sec. 24. This Ordinance shall take effect from and after
its passage and publication in the official papers of the City
of Dubuque, but the same shall not be published until after
the said grantees shall have deposited with the Treasurer of
the City of Dubuque, the sum of $Io,000.00 in money, condi-
tioned that they will comply with the terms and conditions of
this Ordinance with reference to the time, manner of construct-
ing said railway, and as otherwise provided in Section 19 of
this Ordinance. And upon the failure to comply with said
conditions said grantees shall thereby forfeit to the City of
Dubuque the said $Io,000.00 and also their rights under this
Ordinance ; Provided, however, That of the money thus de-
posited the sum of $5,000.00 thereof shall be paid out to said
grantees by order of the Council during the construction of
said railway, and the other $5,00a shall be retained by the
said city until the completion of said railway as provided by
said Section 19.
Adopted by the City Council November 4, 1889.
Attest : ROBT. W. STEWART,
J. C. FITZPATRICK, Mayor.
City Recorder.
CHAPTER XLVI.
AN ORDINANCE granting to William L. Allen and Thomas
O. Swiney the right to erect an Electric Light and Power
Station in the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That Wm. L. Allen and Thos. O. Swiney,
their successors and assigns, are hereby authorized, and author -
SPECIAL ORDINANCES.
itv is hereby granted to them, to use the streets and alleys of
the City of Dubuque for the purpose of furnishing rovided
electric
power v r, Thliat the bht oveout said named grantees,of Dtheirsuccessors or
however,
assigns, shall have no right whatever, to frurnellhlelectric
streepower
to any other person or company for propelling
op g
nor shall the power, poles or wires hereby authorized, be used
in any way whatever, in propelling the street cars of any per --
son or company, unless such person or company to whom the
power shall be furnished, or in propelling whose street cars
said power, poles or wires shall be used, shall first have obtain-
ed from the City of Dubuque, an
Orstrdinance
nce authyoor zi yeg said
person or company op
c
power, expressly stated and described by the identical word
"electric or electricity" in the said Ordinance, and any viola-
tion of this provision in any particular shall work a forfeiture
of all the rights and franchises granted by or accruing under
this Ordinance, which forfeiture shall take effect from and after
the passage of a resolution by the City Council to that effect.
Sec. 2. All poles erected under this Ordinance shall be
placed at such points on the streets and alleys as shall be
designated by the City Engineer and Committee on Streets,
and shall be erected, and said wires strung thereon, under the
supervision and subject to the inspection and control of the
City Engineer and Committee on Streets. Said poles, wires,
appliances and structures shall be built upon the approved
method so as to interfere as little as practicable with all other
public uses of said streets, and both material and workman-
ship shall be the best of their class and kind.
Sec. 3. The said grantees shall not unnecessarily ob-
struct any street or alley, and shall within a reasonable time
repair all dameges done any street, alley or sidewalk under
the direction of the Committee on Streets and Street Commis-
sioner, and if said grantees fail to comply with the terms of
this Section the city may cause such repairs to be made, and
for the expense thereof, said company shall . be liable to the
City of Dubuque.
Sec. 4. Said grantees shall be liable to any person
injured by reason of the construction and maintenance of said
electric light and power plant. Should any action be com-
menced or prosecuted against the City of Dubuque upon any
such claim for damages, said grantees or their agent shall
upon being notified of such suit defend the same, and should
any judgment be rendered against the city thereon, the
amount of such judgment with costs shall be recovered against
said company in a proper proceeding, and the record of the
279
—"411111f
P
280 SPECIAL ORDINANCES.
judgment against the city shall be conclusive evidence to
entitle the city to recover against said grantee.
Sec. 5. The duration of this Ordinance shall be twenty--
five years from the time of its adoption.
Sec. 6. The City of Dubuque reserves the right to make
all reasonable and proper police regulations concerning the
operation and construction of said plant.
Sec. 7. The rights herein granted are upon condition
that said grantees shall, within one year from the passage of
this Ordinance, have constructed and in full operation, the
plant for supplying said electricity, and for the other purposes
contemplated herein, and any failure so do to shall work a
forfeiture of this franchise; said forfeiture shall take effect
from and after the passage of a resolution by the City Council
to that effect.
Sec. 8. This Ordinance shall be in force and effect from
and after its passage and publication in the official paper of
the city, and its formal acceptance in writing of said grantee.
Sec. 9. This Ordinance shall not be published until
after the said Allen and Swiney shall have deposited the
money required in Section 24 of an Ordinance granting to them
an electric railway franchise, and said money shall be held and
considered by the City of Dubuque as a guarantee by the said
grantees of the performance by them of the terms, require-
ments and conditions of this Ordinance with the same force and
effect as is required for a compliance with the terms of said
electric railway franchise.
Sec. To. The City of Dubuque reserves the right to re-
quire said grantees to place the wires of said electric light and
power system under the surface of the streets (i. e.), at any
time in the future, if the city deems it advisable so to do.
But said grantees shall not be so required for a period of eight
years from the adoption of this Ordinance.
Sec. T. After the said electric light plant shall have
been erected, said grantees shall extend the wires along any
street, alley or avenue in the city whenever the City Council
shall order the same, and furnish to the city and its inhabi-
tants along the line of such street, alley or avenue, whenever
the City Council shall order the same, such quantity of light
and power as may be required by said inhabitants ; Provided,
That the City Council shall order at least an average of one arc
light for every 2,000 feet of wire (measured one way) so ex-
tended, to be attached for the use of the city and to be paid
for by the city at the usual or fixed rates.
SPECIAL ORDINANCES.
281
Sec. 12. Also, provided, that the City Council may at
any time hereafter appoint an electrician at the expense of
the said grantees, or any other person operating any electric
system of electric motor lines or power plants according to
the number of miles operated
bythem.
at leas dunce auty of said
elec-
p
trician shall be the p pinspection,
k, of
all insulated wires or electric wires and connections, and re-
port monthly to the Council. It shall also be his duty to re-
port all defects of wires or connections, or any other cause that
may be dangerous, immediately to companies operating said,
wires and connections, and if such defects be not at once re-
paired by them it shall be his duty to repair such defects or
cause them to be repaired at the expense of such company or
grantees.
Adopted December 2, 1889.
Attest :
J. C. FITZPATRICK,
City Recorder.
R. W. STEWART,
Mayor.
CHAPTER XLVII.
AN ORDINANCE granting certain additional rights to the
Union Electric Company.
Be it Ordained by the City Council of the City of Dubuque :
Sec. 1. That in addition to the rights and privileges now
possessed or used by the Union Electric Company, for the
operation of its lines of street railway in the City of Dubuque,
there is hereby granted to said company the right to construct,
maintain and operate, in.connection with its other line or lines,
a single track railway, commencing at the intersection of San-
ford and Jackson Streets in the City of Dubuque, and running
thence westerly along Sanford Street to the intersection of
said street with Cooler Avenue in said city, said line to be so
constructed as to form a proper connection with the tracks of
said railway on Jackson Street and Couler Avenue, and as
nearly in the center of Sanford Street as practicable.
This Ordinance shall be in force from and after its pub-
lication in the Dubuque Daily Telegraph.
Adopted September 6, 1900.
Attest :
L. M. LANGSTAFF,
City Recorder.
C. H. BERG,
Mayor.
282 SPECIAL ORDINANCES.
CHAPTER XLVIII.
AN ORDINANCE providing for the extension and continu-
ation of the rights of the Star Electric Company of Du-
buque, as successor of the United States Electric Light and
Power -Company of Iowa to erect poles, wires and other
fixtures in the streets, alleys and public parks of the City
of Dubuque for illuminating and other purposes for and
during the additional period of nineteen years from the
Tenth day of September, 1903.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the rights and privileges now held and
enjoyed by the Star Electric Company of Dubuque, Iowa, a4
successors of the United States Electric Light and Power
Company of Dubuque, Iowa, under and by virtue of °an Ordi-
nance passed September To, 1883, be and the same are hereby
extended and continued for the additional period and term of
nineteen years from and after the Tenth of September, A. D.,
1903.
Sec. 2. That the rights and privileges hereby extended
and continued shall be subject to all conditions, regulations and
restrictions contained, expressed and specified in the original
Ordinance granting and conferring the same referred to, in
the preceding Section, which Ordinance is contained and pub-
lished as Chapter ninety-four in the book of the Revised Ordi-
nances of 1893.
Sec. 3. That it is further expressly understood and pro-
vided that said Star Electric Company shall be subject to and
bound by all the provisions and regulations of an Ordinance
entitled "An Ordinance concerning outside construction for
electric light and power or other electn-ical purposes," and also
by the requirements of an Ordinance entitled "An Ordinance
providing for compensation of the City Electrician and desig-
nating who shall pay for the same," the said Ordinances herein
referred to being Chapters one hundred and one hundred and
one of the Revised Ordinances of 1893.
Sec. 4. That it is further expressly understood and pro-
vided that the said extension of franchise is granted on the
express condition that all the provisions, stipulations and regu-
lations contained and specified in the said original Ordinance
in favor of the United States Electric Light and Power Com-
pany, and in the two Ordinances referred to in the last pre-
ceding Section, shall be faithfully observed and carried out by
said Star Electric Company, and that in case of any failure
on its part to comply with said conditions the said extension of
SPECIAL ORDINANCES. 283
franchise shall become null and void, and thereupon cease and
terminate.
Sec. 5. The Star Electric Company shall file with the City
Recorder a written acceptance of this Ordinance within twenty
days after its passage by the City Council, otherwise it shall
at once cease to have any further force or effect. If accepted
by said company within the time herein specified, this Ordinance
shall thereupon be published one time in the Dubuque Daily
Telegraph newspaper and take effect, and be in force from and
after such publication.
Adopted September 2, 1897.
Attest :
L. M. LANGSTAFF,
City Recorder.
CHAPTER XLIX.
T. T. DUFFY,
Mayor.
ORDINANCE authorizing and to provide for aiding the
Construction of a Wagon and Foot Bridge over the Mis-
sissippi River between the City of Dubuque in the State
of Iowa, and the Town of East Dubuque, in the State of
Illinois.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That authority and permission be, and is
hereby granted to the Dubuque Pontoon Bridge Company to
construct and maintain from the Iowa shore of the Mississippi
River, at or near the foot of Pine Street, in the City of Du-
buque, Iowa, across said river to the Town of East Dubuque,
in the State of Illinois, a bridge adapted and suitable for the
crossing of vehicles, horsemen, footmen and animals, and the
ordinary public uses and purposes of highway bridges.
Sec. 2. Said bridge shall be built below, and as near the
present railway bridge of the Dunleith & Dubuque Bridge
Company as shall be practicable, without interferende with
said railway bridge, the exact location of the same within the
City of Dubuque, to be subject to the 'approval of the City
Council of said city. The said bridge shall be constructed in
an entirely safe and substantial manner, with stone piers and
iron or steel superstructure, and a draw of such dimensions
and character as shall be approved by the Secretary of War.
The draw may be dispensed with, provided the superstructure
of said bridge across the spans below, and in line with the
spans of the present railway bridge of the Dunleith & Dubuque
Bridbe Company, next last and west of the central draw
284
SPECIAL ORDINANCES.
pier of said railway bridge, shall be constructed of a height suf-
ficient to permit .the free passage under the same, at all stages
of water, of steamboats and other water crafts navigating the
Mississippi river; said bridge shall be of sufficient width for a
roadway broad enough for two teams to pass each other, and
for a separate walk for foot passengers. Before the commence-
ment of the construction of said bridge, the plans for the same
shall be submitted to, and receive the approval of the City
Council of the City of Dubuque.
Sec. 3. For the purpose of connecting the westerly end
of said bridge with the public streets of the city, said Du-
buque Pontoon Bridge Company shall be authorized to con-
struct a suitable approach to the same over or across the outer
levee, but said approach shall be constructed in such a man-
ner and on such a plan as shall cause the least possible ob-
struction to the use of said levee by the public as a highway
or landing, and shall not interfere with the right of way along
the same granted by the city to the Chicago, Burlington &
Northern Railway Company. Before the commencement of
the construction of such approach, the plans for the same shall
be submitted to and be approved by the City Council, and au-
thority is hereby expressly reserved to the City of Dubuque
to require said approach over the levee to be constructed on
the plan of a viaduct.
Sec. 4. That for the purpose of aiding and . encouraging
said Dubuque Pontoon Bridge Company, in the construction
of said bridge, the City of Dubuque hereby agrees to appro-
priate and pay to said bridge company, from the treasury of
said city, to be used solely in the construction of said bridge,
the sum of twenty-five thousand dollars, one-half of said sum
to be paid to said company when it shall be made to appear to
the City Council, from the certificate of the engineer in charge
of the work, examined and approved by an engineer experienced
in the construction of such bridges, selected by the City Coun-
cil for that purpose, that the work of constructing said bridge
is fully one-half completed ; and the remaining one-half of said
sum when said bridge shall be fully completed and ready for
use. But no portion of said sum of twenty-five thousand dollars
shall be paid to said company until it shall be shown to the
entire satisfaction of the City Council that all the funds neces-
sary to enable said bridge company to complete and pay for the
construction of said bridge, including the amount to be con-
tributed by the city, have been fully secured.
Sec. 5. That the City of Dubuque further agrees that
until the revenues derived from operating said bridge by the
Dubuque Pontoon Bridge Company shall be sufficient to pay
t
SPECIAL ORDINANCES. 285=
ht per cent on the
a net annual
invested vidend rininterest the construction on of said bridge
money.
and its approaches, less the $Zs,000 contributed by the city,
that said city will exempt said bridge from all taxation for city
s
purpose.
Sec. 6. In consideration of the aid herein stipulated, to
be rendered by the City of Dubuque in the construction of
said bridge, and the exemption of the same from city taxa-
tion, the City of Dubuque shall have the right to fix the rate
of charges on said bridge, and may do so from year to year,
but shall not fix the toll to be charged for teams over and
back at less than 2cents
nor
t for
foot
e t passengers over and
back at less than 5 5ecor
aes.
Sec. 7. In further consideration of said aid and exemp-
tion, it is hereby expressly stipulated that if at any time the
City of Dubuque should desire to make said bridge free from
toll, or partially so, it shall have for that purpose the right to
take said bridge into its own possession and control, and to
operate the same by paying yearly at the end of each year,
to said Dubuque Pontoon Bridge Company, the net annual
interest of eight per cent on the actual cost of constructing
said bridge and its approaches, less the twenty-five thousand
dollars contributed by said city. In such case the City of Du-
buque shall itself keep said bridge in good repair and condition,
and pay the expense of operation. But at any time, whether
before or after the city has determined to exercise this right,
the bridge company may pay back to the city the said twenty-
five thousand dollars, by it contributed toward constructing the
bridge, without interest, and thereafter may have, hold and
operate said bridge, discharged of all right on the part of the
city to make it a free bridge under the foregoing option.
Sec. 8. In further consideration of the aid and exemp-
tion hereinbefore stipulated on thepart of the City of Du-
buque, it is provided and agreed by said Dubuque Pontoon
Bridge Company, that the Mayor of said cityshall be ex-
officio a member of the Board of Directors of said bridge
company, with the same powers and authority as the other
directors thereof.
Sec. 9. It is also expressly provided and conditioned that
whenever required by resolution of the City Council, said
bridge company shall furnish said Council with statements in
writing, duly sworn to, showing the actual cost of the bridge,
less the amount contributed by the city, and the amount of
the annual receipts of said company derived from operating
said bridge, and the expenses of operating the same. The
Mayor, Auditor and Assessor of said city, or either, or any of
286 SPECIAL ORDINANCES.
said officers, shall havethe authority and right at any time to
examine the books and records of said company for the pur-
pose of comparing or verifying such statements, or .of ascer-
taining the actual cost of the bridge, and the receipts from and
expense of operating the same. In computing the actual cost
of the bridge, and the annual expenses of the company in ope-
rating the same, for the purpose of ascertaining the rights of
the city under Sections 5 and 7 of this Ordinance, no payments
or indebtedness for interest on money borrowed by said com-
pany shall be considered or taken into account.
Sec. Io. That it is expressly understood that this Or-
dinance, when accepted by said Dubuque Pontoon Bridge
Company, shall be construed to be a mutual contract between
the City of Dubuque and said company, and all its provisions
and conditions binding upon both parties.
Sec. 11. The City of Dubuque reserves the right to super-
intend and direct the construction of the westerly approach to
said bridge ; to make all proper regulations for operating the
bridge, and to establish such police regulations as it may deem
necessary.
Sec. 12. The bridge herein provided for, shall not be
used for any other purpose than that of an ordinary wagon
bridge, as specified in Section One of this Ordinance, nor
diverted from such use, without the consent and approval of
the City -Council of the City of Dubuque, expressed by or-
dinance. And in case of a violation of this condition, or if
said bridge shall pass into the possession and ownership, or
under the control of any other company or persons, without
the consent and approval of said City Council, expressed as
aforesaid, the City of Dubuque shall at once become entitled
to claim and demand repayment of the twenty-five thousand
dollars, stipulated in Section Four, to be paid to the Dubuque
Pontoon Bridge Company to aid the construction of said bridge
or such portion of said sum as may have been paid to said com-
pany, with legal interest from the date of the making such
claim and demand, and may maintain an action against said
company to recover the same, and shall have a first lien on said
bridge for the amount.
Sec. 13. Unless said Dubuque Pontoon Bridge Com-
pany shall commence the actual construction of said bridge
within four months from the taking effect of this Ordinance,
and prosecute the same vigorously thereafter, until comple-
tion, then this Ordinance shallbecome absolutely null and
void, time being expressly made a condition hereof. And
unless the work of constructing said bridge shall be fully one-
half completed, as contemplated in the provisions of Section
SPECIAL ORDINANCES. 287
Four, within one year after the taking effect of this Ordinance,
the City of Dubuque shall be absolutely and wholly released
from any obligation to grant the aid in money, or exempt from
city taxation, as provided by the provisions of Sections Four
and Five; and the City Council may, at its option, repeal this
Ordinance at any time thereafter.
Sec. 14. The Dubuque Pontoon Bridge Company shall
i 1e with the City Recorder, a written acceptance of this Or-
dinance, within ten days after the date of its passage, other-
wise it shall become absolutely null and void. If this Ordi-
nance shall be accepted by said bridge company, within the
time herein specified, it shall thereupon be published in the
Dubuque Daily Telegraph, and take effect and be in force
from and after such publication.
Passed August 2, A. D., 1886.
Attest :
JAMES AGNEW,
Recorder.
JOHN GLAB,
Mayor.
To the Honorable Mayor and City Council of the City of Du-
buque. .
Gentlemen :—Pursuant to the terms of Section Fourteen of
an Ordinance adopted by your honorable body, August 2, 1886,
entitled "An Ordinance authorizing and to provide for aiding
the construction of a wagon and .foot bridge over the Missis-
sippi River, between the City of Dubuque, in the State of Iowa,
and the Town of East Dubuque, in the State of Illi-
nois," I, Bernard J. O'Neill, president of the Dubuque Pon-
toon Bridge Company, and fully authorized and empowered
by said company to accept the terms and conditions of said
Ordinance, do hereby notify your honorable body of such
acceptance thereof.
In witness whereof, I have hereunto set my hand this 4th
day of August, A. D., 1886.
THE DUBUQUE PONTOON BRIDGE COMPANY,
Attest : By BERNARD J. O'NEILL, ,
JOHN MACDONALD, President.
Secretary.
CHAPTER L.
AN ORDINANCE fixing the tolls of the Dubuque Pontoon
Bridge Company, and authorize the collection of the same.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the Dubuque Pontoon Bridge Company,
288 SPECIAL ORDINANCES.
for the use of its bridge, is authorized an
charge and collect the following tolls :
Each wagon, hack or buggy, with one or tw
driver, over and back
Man and horse, over and back
Each wagon, hack or other vehicle, with
driver, over and back
Each passenger, over and
Each led horse
Cattle
Hogs
Sheep
Adopted December 14, 1887.
Attest : CHRIS. A. VOELKER,
JOHN STAFFORD, Mayor.
Recorder.
d empowered to
o horses and
25c
15c
four horses and
back
CHAPTER LI.
40c
o5c
IOC
o5c
o5c
05c
AN ORDINANCE granting to Diamond Jo Line Steamers the
right to occupy and use a certain part of the public levee
in the City of Dubuque, Iowa, and to erect and maintain
thereon a warehouse and office for the convenient dispatch
of its business at this point.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That permission be, and is hereby granted to
Diamond Jo Line Steamers of McGregor, Iowa, a corporation
organized and doing business under the laws of the State of
Iowa, and engaged in the transportation of freight and passen-
gers on the Mississippi river and its tributaries, to occupy and
use for a term of twenty years from the date of the passage of
this ordinance, that part of the public levee in the City of Du-
buque, County of Dubuque, State of Iowa, bounded and de-
scribed as follows :
Beginning at a point at the junction of the north line of
First street extension and the east line of the paved portion of
the levee, running in a southerly direction along the east edge
of the paved levee 25o feet ; thence westerly Too feet, thence
north to the north line of First street extension ; thence east
to place of beginning.
And said Diamond Jo Line Steamers is also hereby au-
thorized to erect within the limits above described, and during
said period of twenty years to keep same in good condition, a
warehouse suitable for the reception and accommodation of
freight and passengers ; Provided, That the city shall be held
SPECIAL ORDINANCES. 289
harmless in
it for d.am-
earfromgany
of theense y damages
structureuoccupy occupying a
ages, arising byproposed
part of public property.
Sec. 2. The foregoing permission and authority is hereby
granted to the
said conditions, Diam and not nine Steamers upon the fol-
lowing Pr
First. Said company shall pay to said City of Dubuque as
rent for said parcel of land, the sum of $5.0o per year, same to.
be in lieu of all wharfage claims against said Diamond Jo Line
Steamers, and to be payable on the first day of April in each
year, at the office of the City Treasurer of said city.
Second. That said company shall, within six months after
the passage and publication of this ordinance, erect a good and
substantial warehouse on said parcel of land, and shall main-
tain same in good condition and repair during said term of
twenty years.
Third. Said warehouse shall be a neat, substantial frame
building, not less than 3o feet wide and 15o feet long, and shall
contain, in addition to sufficient space and arrangements for
handling freight, a suitable place for the accommodation of
passengers.
Fourth. That the approaches to said warehouse, both
from land and water side, shall at all times be kept convenient
and secure for the passage of persons and such vehicles as may
be used for the delivery and transfer of goods, wares and mer-
chandise ; or in the conveyance of passengers to and from said
boats, and shall not obstruct the passage of said vehicles be-
tween said warehouse and the river, except in high water sea-
sons.
Fifth. That said Diamond Jo Line Steamers shall, within
thirty days from and after the passage of this ordinance, make
and file with the Clerk of the City Council of said City of Du-
buque, a written acceptance, executed in proper form by its
duly authorized officers, of the ordinance, and grant thereby con-
ferred together with all the terms, limitations and conditions
herein contained; and if said Diamond Jo Line Steamers shall
fail to file such acceptance within said time, or having filed such
acceptance, shall thereafter fail to comply with or conform to
any of the conditions or limitations to this ordinance, then the
same shall be and become null and void, and said City Council
may, upon notice of thirty days, declare and enforce a forfeiture
of all rights and privileges hereby granted and re-enter and take
possession of said parcel of land; and the said Diamond Jo Line
Steamers shall vacate and surrender to the said City of Dubuque
the said parcel of land, the use whereof is hereby granted.
290 SPECIAL ORDINANCES.
Sixth. It is further understood and agreed that at the ex-
piration of the time herein stated, the said Diamond Jo Line
Steamers failing to renew a lease of said ground, or at any time
its rights and privileges have been forfeited, may have the privi-
lege of removing such improvements as it may have placed
thereon, or the said City of Dubuque, at its option, may have
the privilege of purchasing the same from said Diamond Jo
Line Steamers upon the payment of its fair appraised value,
each party selecting one appraiser, and the two, if not able to
agree, to select a third.
Seventh. That no storage shall be charged or demanded
by the said Diamond Jo Line Steamers on freight received for
shipment or shipped to this city, unless the same shall have re-
mained in the warehouse an unreasonable time after notice is
given to the person or persons to whom shipped ; and in that
event such charges shall not exceed the rates charged by the
keepers of other warehouses in this city; and other boats shall
be allowed to land at said warehouse by paying a reasonable
charge, and the Council shall have the regulation of said
charge in case of disagreement.
Sec. 3. This ordinance shall take effect and be in force
from and after its passage and publication in the official paper
of the city.
Adopted by the City Council January 4, 1892.
Vetoed by the Mayor January 12, 1892.
Passed over the Mayor's veto by a two-thirds vote of the
City Council of Dubuque, January 13, 1892.
Attest : J. C. FITZPATRICK,
City Recorder.
CHAPTER LII.
AN ORDINANCE releasing and granting certain property to
C. Reifsteck and C. Scheppele.
Whereas, Garfield avenue formerly extended along the
north boundary line of lot No. I1, East Dubuque addition, as.
indicated by the old city map ; and,
Whereas, The course of the avenue was changed so that a
strip of ground was left between said lot No. II, as originally
platted, and the avenue as now established; therefore,
Be it Ordained by the City Council of the City of Dubuque :
Section T. The City of Dubuque hereby relinquishes and
releases unto C. Reifsteck and C. Scheppele, the owners of said
lot No. II all that part and parcel of land lying and being be-
_ SPECIAL ORDINANCES. 291
tweensaid lot No.a Garfieldd
said tract
of land imore particularly deribed as bounded on the north
by Garfield avenue, on the east by easterly line of said lot 1.1 ex-
tendedth
eto Wavenue, erl linedon of saidelotuNo. by
xtended to lot T said
on
the west by Y
avenue, and that
reason
course
highway, heopertyis considered a part of said lot No. r,
shall be so considered for
ses of taxation
and the same improvements, on which taxes and assessments shall
be paid by the owners of said lot No. i i, and the same (taxes
and assessments) hereby released lien upon and madesaid lot a part thereof.' including
the p p Y
Section 2. That upon the adoption hereof said C. Reif-
steck and C. Scheppele shall pay, to the City of Dubuque, a
sum of money equal to that amount which it would cost the
grantees herein to improve the street by curbing and mac-
adamizing in front of the property hereby conveyed, under a
resolution of the Council ordering the same improved and the
amount shall be ascertained from costs of last street improve-
ment of said avenue.
Sec. 3. The grantees herein accept the property hereby re -
eased without the right of interfering with or changing the
water course from present course on said strip or piece of
ground until consent may be given by the City of Dubuque to
any change that may be desired by the grantees or their heirs
or assigns.
Sec. 4. Upon payment of the money provided for in Sec-
tion 2 hereof, this ordinance shall be published in the official
paper of said city, from and after which publication this ordi-
nance shall take effect and be in force.
Adopted by the City Council March 21, 1892.
Attest : CHAS. J. W. SAUNDERS,
J. C. FITZPATRICK, Mayor.
Recorder.
To the Honorable Mayor and City Council:
Gentlemen —The undersigned hereby agree to accept the
ordinance passed by your honorable body March 21, 1892,
granting us certain rights and privileges, and agree to all re-
strictions and limitations contained therein.
C. REIFSTECK,
C. F. SCHEPPELE.
292 SPECIAL ORDINANCES.
CHAPTER LIII.
AN ORDINANCE granting to George Dee the right to erect,
maintain and operate a factory on part of lot 2 of mineral
lot io6 in the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That there is hereby granted to George Dee,
his successors and assigns, the right to use and occupy lot 2 of
mineral lot io6 in the City of Dubuque, as per plat attached, for
a term of ninety-nine years, beginning March 15, 1892, at an
annual rental of one dollar per year.
Sec. 2. The said George Dee to establish and operate on
said premises a Basket Factory and Lye Works, and have the
same in operation within four months after the passage of this
ordinance.
Sec. 3. The said George Dee to have erected and com-
pleted in said premises on or before July 15, 1892, one main
building, stone foundation, brick walls, roof, size fifty by
one hundred and fifty feet, two stories high, with boiler and
engine house attached, and have placed therein the necessary
machinery to operate said factory, including steam boilers
and engines of at least seventy-five horse power, and will as
soon thereafter as practicable, erect the necessary store rooms,
warehouses and lumber sheds, to be used in connection with
said factory.
Sec. 4. That said grantee shall have, on or before July
1, 1893, at least one hundred employes, regularly employed in
and about said factory on and about said premises, at least
one-fourth of which employes shall be male adults ; and after
such date, during the continuance of this lease, for a period of
at least ten years, shall keep, maintain, and operate said factory
on said premises, with the yearly average number of employes
not less than the number and of the character above stated, ex-
cept when work in said factory maybe temporarily suspended for
necessary repairs, or by reason of unavoidable casualties. That
during the continuance of this lease, said premises shall be used
and occupied solely and exclusively for manufacturing purposes,
and the grantee hereby binds himself, his successors and as-
signs, to constantly maintain and operate a manufactory on said
premises during the full term of his lease.
Sec. 5. The grantee herein agrees to hold the City of
Dubuque harmless from any damage or litigation that may
hereafter arise on account of this lease, or the buildings or im-
provements to be placed on, said premises ; and said grantee,
his successors and assigns, shall pay the expenses and costs of
SPECIAL ORDINANCES. 293
any public improvement abutting or adjacent to said premises
and all ordinary municipal tax on said real estate and improve-
ments, the same as if he or they were the owners in fee simple
of the same. Provided, That in consideration of the establish-
ment and maintenance of said manufactory, said real estate
and all machinery used in connection with said factory and all
goods manufactured therein shall be exempt from ordinary city
taxation for the period of ten years from and after the taking
effect of this Ordinance.
Sec. 6. In the event of the failure on the part of said
grantee, his successors and assigns, to comply strictly with
the terms, conditions and limitations of this Ordinance with
reference to time of commencement and continuance of the
operation of said factory, the character of building, number of
employes and otherwise, all rights and privileges under this
lease and contract shall cease and become null and void, and
the said premises revert to the City of Dubuque ; but the for-
feiture shall become effective only after it has been so declared
by a resolution of the City Council, adopted after notice to the
grantees and a hearing in open Council.
Sec. 7. Should this lease be declared forfeited on or be-
fore five years from July 15, 1893, all buildings and improve-
ments placed and erected on said zeal estate shall become for-
feited to the City of Dubuque, and said city may enter into
possession of the same and devote them to such use as the City
Council see proper. Should the lease be forfeited after said
period of five years the grantees shall have the right to remove
all buildings and improvements.
Sec. 8. That if at any time after July 15, 1902, said grantee,
his successors and assigns shall deem it best to change the char-
acter of the factory, and the kind of wares to be manufactured
therein, he or they shall have the right to do so, subject to such
City Ordinances and municipal police regulations as may then
be in force.
Sec. 9. The city also reserves the right of a natural water-
way, as now located, connecting with the stone arch sewer
across Garfield avenue near Pine Street the city also reserves
the right and title to all of that part of Lot 2 of Mineral Lot io6,
fronting on Garfield Avenue on north side of Lot 11, East
Dubuque Addition.
Sec. Io. That the said George Dee shall file his written
acceptance of this Ordinance with the City Recorder within
ten days after its passage by the City Council ; otherwise this
Ordinance shall be null and void. This Ordinance shall be
published in the official papers of the city after having been
accepted by the said George Dee, and its approval by the
u
294 SPECIAL ORDINANCES.
Mayor, and shall take effect from and after its publication
time in the Dubuque Daily Telegraph newspaper.
Adopted April 7, 1892.
Attest : CHAS. J. W. SAUNDERS,
J. C. FITZPATRICK, Mayor.
Recorder.
I hereby accept the above Ordinance and agree to be
bound by its provisions.
April 7, 1892.
GEORGE DEE.
CHAPTER LIV.
one
AN ORDINANCE vacating Commercial . Street, east of Di-
agonal Street, Tower Street north of Diagonal Street,
and the outer Levee north of the north line extended of
Lot Seven, Block Two, Dubuque Harbor Improvement
Company's Addition to the City of Dubuque, Iowa; and
granting the exclusive use of the premises so vacated to
the Standard Lumber Company . of Dubuque, Iowa :
Whereas, the Standard Lumber Company of Dubuque,
Iowa, has petitioned the City Council for the vacation of Com-
mercial Street east of Diagonal Street, Tower Street north of
Diagonal Street, and the outer Levee north of the north line
extended of Lot Seven, Block Two, Dubuque Harbor Improve-
ment Company's Addition to the City of Dubuque, in order
that it might enlarge its manufacturing facalities ; and,
Whereas, said Standard Lumber Company is about to erect
a saw mill, and other building and erections, incident thereto,
extending over on to a portion of said premises ; and,
Whereas, before incurring the expense of erecting such
buildings as aforesaid, said company desires to be assured in
the exclusive right in itself to use and occupy said premises;
and,
Whereas, said premises are not required for street or other
public purposes, therefore :
Be it Ordained by the City Council of the City of Dubuque:
Section T. That all that portion of Commercial Street
east of Diagonal Street, and all that portion of Tower Street
north of Diagonal Street, and all that portion of the outer
Levee north of the north line extended of Lot Seven, Block
Two in Dubuque Harbor Improvement Company's Addition
be, and the same is hereby vacated.
Sec. 2. That the Standard Lumber Company of Dubuque,
Iowa, its successors and assigns, is hereby granted the exclusive
SPECIAL ORDINANCES.
295
right occupyto use and
ring purposes, or pur-
incident tl e eto,the premises sou
pose, vacated and designated
in Section One of this Ordinance.
Sec. 3. That at the expiration of twenty-five years from
the date of the passage of this Ordinance, or at any time there-
after, said Standard Lumber Company, its successors or assigns,
shall re -convey and surrender to the City of Dubuque, without
compensation, the premises herein vacated, not including the
improvements thereon, if required by said city for street pur-
poses, or if abandoned by said Standard Lumber Company for
three consecutive years as a manufacturing plant.
Sec. 4. This Ordinance shall not go into effect and
operation, until a written acceptance of the terms and condi-
tions thereof has been made by the said Standard Lumber
Company.
Adopted this 2lst day of February, 1888.
Attest: CHRIS. A. VOELKER,
JOHN STAFFORD, Mayor.
Recorder.
The undersigned consents to the proposed vacations upon
the terms and conditions of this Ordinance, which is hereby
accepted.
STANDARD LUMBER COMPANY,
By W. H. DAY.
CHAPTER LV.
AN ORDINANCE providing for the vacation of a part of
City Lot 304; and for certain consideration, granting the
exclusive use of the premises so vacated to John P. Page,
his heirs and assigns forever.
Whereas, The City of Dubuque is now the owner of Lot
No. 2 of the sub -division of what was originally City Lot 304,
and,
Whereas, said Lot No. 2, aforesaid, is now leased to and
occupied by, John P. Page, for hotel purposes; therefore,
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That in consideration, that said John P.
Page deed to the City of Dubuque for street purposes, lots
No. 1 of the sub -division of the south one-half of Lot No. 305 ;
MEM
296 SPECIAL ORDINANCES.
die City of Dubuque hereby vacates, quits all claim, and grants
to John P. Page, his heirs, executors and assigns, the per-
petual and exclusive right to use and occupy so much of said
Lot No. 2 as more, fully described as follows, to -wit : Com-
mencing at a point on the south line of said city Lot 304
a distance of 47 feet from the southwest corner of said city Lot
304, thence northeasterly a distance of 15 feet, thence north-
erly a distance of 49.8 feet to a point 16.7 feet west from the
southeast corner of said city Lot 304, thence west to a point 44
feet from the southwest corner of said city Lot 304, thence
southerly in a straight line a distance of 51.7 feet to the point
of beginning; said piece of property to be hereafter known and
designated on the city map as Lot za of the subdivision of City
Lot 304.
Sec. 2. That, whereas, the City of Dubuque is the owner
of a piece of ground, lying contiguous and immediately east
of said. Lot za more particularly described as follows, to -wit:
Commencing at the northeast corner of said City Lot 3o4,
thence west on the north line of said City Lot No. 304, a dis-
tance of 16.7 feet, thence southeasterly a distance of 49.8 feet ;
thence northeasterly a distance of 60.3 feet to the point of
beginning, said piece of land to be hereafter known as Lot 2 of
the sub -division of the City Lot 304; and whereas, said John
P. Page now occupies said Lot 2 with buildings and obstruc-
tions, it is hereby provided that this Ordinance •shall not be
valid unless said Page shall remove said obstruction on or be-
fore July 1, 1891, or at any time thereafter by order of the
City Council; the intention being that Lot 2 of City Lot 304,
and said Lot I of the sub -division of south half of City Lot 305,
shall be used as a public highway for street purposes.
Sec. 3. It is further hereby provided, that the map hereto
attached, executed by M. Tschirgi, Jr., City Engineer, dated
February 14, 1891, is hereby accepted by the city as a correct
map of the sub -division of City Lots Nos. 304 and 305 ; and the
City Engineer is hereby directed to record the same in the
book of plats.
Sec. 4. This Ordinance shall be in force from and after
its passage and publication in the official paper of the city.
Adopted March 2, 1891.
Approved:
Attest : ROBT. W. STEWART,
J. C. FITZPATRICK, Mayor.
Recorder.
SPECIAL ORDINANCES.
CHAPTER LVI.
297
AN ORDINANCE vacating the alley -in Block zo, in Dubuque
Harbor! Improvement Company's Addition, located be-
tween Cedar and Seventh Streets in the City of Dubuque,
Dubuque County, Iowa, and granting the exclusive use of
the premises so vacated to O. F. Hodge, of the City of
Dubuque, Dubuque County, Iowa.
Whereas, O. F. Hodge has petitioned the City Council
of the City of Dubuque, for the vacation of the alley in Block
20 in Dubuque Harbor Improvement Company's Addition, to
the City of Dubuque, Iowa, located between Cedar and Seventh
Streets in said city, and,
Whereas, notice of the application of said O. F. Hodge,
for the vacation of said alley, has been for ten days published
in the official paper of the City of Dubuque, and,
Whereas, no objections have been filed
proposed vacation of said alley, and,
Whereas, it appears to this council that
required for street purposes, or any other
therefore,
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the alley in Block 20, in Dubuque Harbor
Improvement Company's Addition to the City of Dubuque,
Iowa, located between Cedar and Seventh Streets, be and the
same is hereby vacated.
Sec. 2. The said O. F. Hodge, of Dubuque, Iowa, his
successors and assigns, are hereby granted the exclusive right,
to use and occupy forever, the alley herein vacated, and more
definitely described in Section One of this Ordinance.
Sec. 3. This Ordinance shall be in force and take effect
from and after its passage and publication in the official papers
of the City of Dubuque, Iowa.
Adopted September 2, 1889.
Attest : ROBT. W. STEWART,
J. C. FITZPATRICK, Mayor.
Recorder.
Published September 12, 1889.
or made to the
said alley is not
public purpose;
I�
298
SPECIAL ORDINANCES.
CHAPTER LVII.
AN ORDINANCE granting to Carr, Ryder & Engler Com-
pany of Dubuque, Iowa, (incorporated) the right to build
and maintain an arch over the alley located between
Jackson and Washington Streets and Ninth and Tenth
Streets, in the City of Dubuque, Iowa, with certain con-
ditions and obligations and restrictions regarding the same.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the Carr, Ryder & Engler Company, a
corporation organized under the laws of the State of Iowa,
with principal place of business in Dubuque, Iowa, its suc-
cessors and assigns, be and are hereby authorized to build and
perpetually maintain an arch or covering over the alley be-
tween Jackson and Washington and Ninth and Tenth Streets,
in the City of Dubuque, Iowa.
Sec. 2. That said arch or covering shall not be less than
sixteen feet in height from legal grade of said alley to the under
side of the crown of said arch or covering.
Sec. 3. That the said Carr, Ryder & Engler Company,
(being the owner of all the land in the block where said alley
is located) its heirs, successors and assigns, by the acceptance
of this Ordinance, hereby perpetually obligates itself, and them-
selves, to become responsible to any individual, persons or cor-
poration sustaining any injury or damage by reason of the con-
struction and maintenance of said arch or covering; and thereby
agree to hold the City of Dubuque harmless and free from all
or any such loss, damage or litigation as may result from the
construction and maintenance of said arch or covering.
Sec. 4. This Ordinance shall be in force from and after
its acceptance, in writing, by the proper officer of the Carr,
Ryder & Engler Company, and its passage by the Council and
publication in the official papers of the City of Dubuque.
Adopted December 1, 189o..
Published.
Attest : ROBT. W. STEWART,
J. C. FITZPATRICK, Mayor.
Recorder.
I, E. A. Engler, being Secretary, and duly authorized do
hereby accept the above Ordinance granting right to Carr,
Ryder & Engler Company to erect and maintain arch or cov-
ering over alley and hereby bind said company, its heirs, as-
signs and successors to the terms of said Ordinance, and agree
a
SPECIAL ORDINANCES. 299
that this acceptance shall become a part of the records of the
City Council of the City of Dubuque.
CARR, RYDER & ENGLER
A COMPANY,
Secretary.
CHAPTER LVIII.
AN ORDINANCE to authorize the erection of posts and
wires, and the maintenance of a Telephone Exchange in
the City of Dubuque, by the Western Telephone Com-
pany.
Be it Ordained by the City Council of the City of Dubuque :
Section I. That permission is hereby granted to the
Western Telephone Company, its successors and assigns, to
erect upon the public streets and alleys in the City of Du-
buque, at such points as may be designated by the City
Council
of said city, through its Committee on Streets, poles posts
of wood or other suitable material to support the necessary
wires, to operate and use as a telephone exchange in
said city. Provided, That said Western Telephone Com-
pany and its successors and assigns, shall, during the
continuance of the permission heretofore granted, under
proper and reasonable rules and restrictions, keep and
maintain an office and operator on lines of telephone wires at
some convenient point within said city, and connected and
used with the telephone system of said company ; and, Pro-
vided, the said posts shall be so placed, and the wires upon
them kept at such elevation, and so attached and secured at
such elevation, as to avoid danger to persons and adjacent
property, and the use of such streets and alleys for other law-
ful purposes ; and such posts in the business and densely built
portions of said city be kept properly painted by said company;
and, Provided, further, that such poles or posts and wires shall
not be placed upon either Main, Locust or Iowa Street in said
city without the express permission of the City Council, given
by resolution or ordinance.
Sec. 2. Said poles shall not be set so as to interfere with
the constructing or placing of any water pipe, gas pipe, drain
or sewer, or the flow of water therein that has or may be placed
by authority of said city. And in case of bringing to grade or
change of grade of any street or alley whereon such posts may
have been erected and placed, then said telephone company, its
successors or assigns, shall change such posts and re -set the
same under the direction of the Street Committee of the Coun-
cil of said city.
300 SPECIAL ORDINANCES.
Sec. 3. It is expressly provided that said city may at any-
time during the continuance of the permission granted in this
Ordinance, grant a like permission through and over, and upon
the streets and alleys of said city, to any other company or
companies, person or persons, it may deem proper, like per-
mission to erect, maintain and use the necessary posts or poles
and wires to properly operate a system or systems of tele-
phones; such action is not to interfere with the proper use of
the poles and wires, under the permission granted in this Or-
dinance.
Sec. 4. Said city shall at all times during the continu-
ance of the posts erected under permission of this Ordinance,
have free use thereon upon which to place their fire alarm con-
nections ; and said city shall have from said company, its suc-
cessors and assigns during said term, the use, free of charge,
of three telephones connected with the telephone system of said
city; and for all other telephones used by said city, now or here-
after, the same shall be furnished by said company at one-half the
regular rates for the time being, charged by said company, the
same to be placed at such points within the city limits as the
Council may designate, and to be kept and maintained in good
repair and working condition by said company, its successors
or assigns. Provided, that nothing herein shall be construed
to increase the price at present paid for the use of telephones
by the fire department of said city.
Sec. 5. Said Western Telephone Company, its succes-
sors or assigns, shall be liable to any person or persons in-
jured, for all damages resulting from the erecting, placing and
maintaining of such poles and wires, under the permission given
in this Ordinance, as well as from the carelessness or mis-
conduct of any agent or employe of said company, or its suc-
cessors and assigns, in placing and maintaining or using such
posts or wires so placed.
And also hold said city safe and harmless from any dam-
ages and costs, or cause of action that may be accrued against
it, by reason of the placing or maintaining of such poles and
wires, and the carelessness or misconduct of the agents or em-
ployes of said company in regard to the same ; and said com-
pany shall defend all suits brought against said city for dam-
ages arising from or caused by placing or maintaining the said
poles and wires in the streets and alleys aforesaid.
Sec. 6. In the event of said company, its successors or
assigns, failing to comply with any of the provisions of this
Ordinance, or violating the terms thereof, then it or they shall
forfeit to the City of Dubuque all rights and permission given
or granted under this Ordinance.
SPECIAL ORDINANCES. 301
Sec. 7. This Ordinance is in the nature of a contract,
and shall be in force from and after passage and publication in
the Dubuque Herald, and the acceptance in writing of the
provisions thereof by the said Western Telephone Company;
and shall continue in force for the period of twenty years from
tionsubject
publica-
tion expense of said Telephone Company..
to be at the
Passed and approved August 7, 1882.
Accepted Sept. 4, 1882.
.Attest:
MARTIN KANE.
Recorder.
JOHN J. LINEHAN,
Mayor.
CHAPTER LIX.
AN ORDINANCE authorizing The Knapp, Stout & Co.
Company to fill and occupy certain streets in the City of
Dubuque, and to define the conditions of said privileges ;
to provide for the construction of a sewer on Eighth Street,
and granting certain rights of way for railroad track.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That the sewer on Eighth Street, in the City
of Dubuque, be extended on and along said street from the
track of the Chicago, Milwaukee & St. Paul Railroad to the
slough, and that the same be constructed by the city in such
a manner as shall be hereafter determined by the City Council.
Sec. 2. That in consideration of therights and privi-
leges herein granted, The. Knapp, Stout & Co. Company is
hereby required to fill to ordinary high water mark with earth
filling, all the lots and parts of lots and lands now owned by
said company or H. L. Stout within the City of Dubuque and
lying east of the tracks of the Chicago, Milwaukee & St. Paul
Railroad north of the filling ground of said company or H. L.
Stout and south of the south line of Eleventh Street. And
within nine months from and after the completion of the ex-
tension of the sewer on Eighth Street herein provided for
(unless delayed by unforeseen causes, in which case as soon
thereafter as possible), to fill to the same grade and in same
manner all the lots and parts of lots and lands now owned by
the said Knapp, Stout & Co. Company or H. L. Stout within
the City of Dubuque lying east of the Chicago, Milwaukee &
St. Paul Railroad north of the alley between Seventh and Eighth
302 SPECIAL ORDINANCES,
Streets and south of the filled grounds of said company or, of H.
L. Stout, lying north of Eighth Street.
Sec. 3. That at the time of filling said lots, said com-
pany shall fill to the same grade, and with earth filling, all the
streets within the boundaries described in Section Two here-
of, and is hereby authorized to exclusively use and occupy all
streets and parts of streets so filled until the same shall be re-
quired by the city for public purposes.
Sec. 4. Whenever the city shall require for public pur-
poses any street or any part thereof, filled and occupied un-
der the provisions of this Ordinance, possession thereof shall
be given by said company, its representatives or assigns, at
the expiration of one year from the time of giving notice to
said company, its representatives or assigns, to remove there-
from, and upon payment by the city of the actual cost of filling
said street, or the part thereof so required, without interest
and in no case to exceed the sum of twenty-five cents per
cubic yard. All payments shall be based upon the measure-
ments of the City Engineer.
Sec. 5. The assessable valuation for the purposes of city
taxation of all the lots and lands included within the bounda-
ries defined by Section Two hereof, now owned by said company
or H. L. Stout, shall not be increased for the period of six years
from the first day of January, A. D., 1886: Provided, however,
that such exemption from increased valuation shall cease and
determine as to all lots abutting upon any streets so filled, of
which the City of Dubuque shall require possession at any time
, before the expiration of said six years, by giving notice and
making the payment herein required to be made.
Sec. 6. The right to the city is hereby expressly reserved
to put in filling upon any street within the limits herein named,
while the same is being filled by said company under the pro-
visions hereof, and to have the same measured by the City
Engineer, whose estimates shall be deducted from measure-
ments made for the purpose of payment by the city for the fill-
ing of such street.
Sec. 7. The Knapp, Stout & Co. Company, their suc-
cessors or assigns, are hereby authorized to lay down and main-
tain a single railway track across all streets and alleys from the
intersection of the track of the Chicago, Milwaukee & St. Paul
Railroad with the track of the Dunleith & Dubuque Bridge
Company, in a northeasterly . direction, across Washington,
Wall, Pine and Seventh Streets, and the alleys between said
streets, to a point in the alley between Seventh and Eighth
Streets, in the Dubuque Harbor Improvement Company's ad -
SPECIAL ORDINANCES. 303
dition, thence easterly along said alley to the slough: Pro-
vided, Said Company shall, before constructing any railway
track across or along any such streets or alleys, first ascertain
and compensate for the damage to abutting property caused
thereby, as required by Section 464, Title 4, Chapter 1o, of the
Code of Iowa.
Sec. 8. That said franchise is given on the express con-
dition that the track permitted shall be put in at a Oracle ap-
proved by the City Council, and subject to all state and city
laws and police regulations, and said Company shall, when-
ever required by the City Council, keep the space between the
rails planked at all street crossings and construct approaches
thereto, so that all vehicles may pass over the same.
Sec. 9. In case of failure on the part of said The Knapp,
Stout & Co. Company to comply with any of the require-
ments of this Ordinance in relation to the filling or use and
occupation of the streets all the rights and privileges herein
granted shall cease and determine.
Sec. to. Should The Knapp, Stout & Co. Company fail
to comply with contract as to filling property and streets south
of their present filling, they are to pay interest at six per cent
on the cost of sewer until such time as they do comply with
said contract. And said The Knapp, Stout & Co. Company
are to furnish the necessary funds to enable the city to pur-
chase filling sufficient to protect said sewer as the work pro-
gresses, said filling not to cost to exceed twenty-five cents per
cubic yard: said filling to be measured and included in cost
of filling said Eighth Street by The Knapp, Stout & Co. Com-
pany.
Sec. I1. This Ordinance shall be in force from and after
its publication in the Dubuque Daily Herald.
Adopted ,January 14, 1886.
Attest:
JAMES AGNEW,
Recorder Pro Tem.
JOHN GLAB,
Mayor.
We hereby accept the conditions and obligations of the
above Ordinance, and agree to perform the requirements of
the same.
THE KNAPP, STOUT & CO. COMPANY,
Per FRANK D. STOUT,
Assistant Treasurer.
304 SPECIAL ORDINANCES. SPECIAL ORDINANCES. 305
CHAPTER LX.
AN ORDINANCE providing for the erection and mainte-
nance of telegraph poles and the stringing of wires there-
on, by the North American Telegraph Company, in the
City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque:
Section i. That the North American Telegraph Co.
its successors and assigns, is hereby granted the right and
privilege to erect and maintain telegraph poles, and to string
wires thereon, along the following named alleys and streets in
the City of Dubuque, subject to the control and direction of
the Street Committee of said city, viz : Along Third Street,
westerly to the alley between Locust and Bluff Streets ; thence
northerly to Eighth Street ; thence west to Bluff Street. Also,
by such routes as the Street Committee may hereafter desig-
nate, to West Dubuque, Rockdale, Eagle Point and to Glab's
Brewery.
Sec. 2. That this Ordinance shall be in force from and
after notice in writing, of its acceptance by said North American
Telegraph Company, and the publication of this Ordinance in
the Dubuque Daily Telegraph.
Adopted September 9, i886.
Attest:
JAMES AGNEW, Recorder.
JOHN GLAB,
Mayor,
CHAPTER LXI.
AN ORDINANCE granting to the Eleventh Street Elevator
Company the right to construct and maintain a street rail-
way along Eleventh Street, in the City of Dubuque, from
the west side of Bluff Street to Highland Place, and to
regulate the operation of the same.
Be it Ordained by the City Council of the City of Dubuque:
Section i. That the Eleventh Street Elevator Company,
its successors and assigns, be and is hereby granted the right
to construct and maintain, for the conveyance of passengers,
a street railway along Eleventh Street, in said city, from the
west side of Bluff Street to a point at or near Highland Place.
Sec. 2. That the rights and privileges contained in Sec-
tion One are granted on the following express conditions, to -
wit
First —That the said Eleventh Street Elevator Company
shall
have
hss frod m the day ate of they ted and in taking effecpteoftion within
this O di-
fif
nance.
Second —That said railway shall be constructed in sub-
stantial accordance with the plans submitted to the Council,
and in such a manner as shall cause the least possible annoy-
ance or inconvenience to the residents on the line of the street
and vicinity ; that the track shall occupy the center of Eleventh
Street, unless otherwise directed by the City Council, and shall
be so constructed as to cause no obstruction to the use of said
street, or the streets and alleys intersecting the same, for ordin-
ary travel. That said tracks shall be carried over the inter-
sections of Grove Street and Weigel alley, and of the alley next
west of Bluff Street at such elevation as shall permit all teams
and vehicles of every kind with their loads to pass under said
tracks at all times without obstruction. That the waiting
rooms, platforms and cars shall be constructed in a neat and
artistic style, and the superstructure built in a neat and sub-
stantial manner.
Sec. 3. That said railway shall be operated by means of
a stationary engine and wire cable ; that hard coal, coke, or
such other kind of fuel shall be used in connection with the en-
gine, as shall produce the least possible quantity of smoke ; and
that the waiting rooms, platforms and cars shall at all times be
kept in a neat and orderly condition.
Sec. 4. That said Elevator Company shall have the right
to maintain at the upper and lower termination of its tracks,
and also at their intersection with Grove Street, the platforms
or waiting rooms necessary, for the accommodation of the
public, but said platforms or waiting rooms shall be so con-
structed as not to obstruct the free use of the street for ordinary
travel. That said company shall also have the right to locate
the stationary engine furnishing the motive power for the ope-
ration of said railway, and the structure necessary to protect the
same, at or near the base of the retaining wall at the intersec-
tion of Eleventh Street and Highland Place.
Sec. 5. That the City Council shall have the right to make
and enforce any reasonable police regulations it may deem nec-
essary for the safe operation of said railway, and the protection
of the public.
Sec. 6. The rights and privileges granted by this Ordi-
nance to the Eleventh Street Elevator Company are upon the
further condition that said company shall make full compensa
lion to the owners of propertyabutting on the line of said rail-
306 SPECIAL ORDINANCES.
way, for any.damages which may be made to appear to r,t1h
from the construction of said railway.
Passed July 8, 1887.
JOHN STAFFORD, CHRIS. A. VOELKER,
Recorder. Mayor.
CHAPTER LXII.
AN ORDINANCE granting to the Standard Telephone Com-
pany permission, right, and authority to use the public
streets and alleys in the City of Dubuque, Iowa, for the
purpose of placing posts and poles with wires and con-
ductors thereon and for conduits under the surface of the
streets and alleys, for the operation and maintenance of a
telephone system in the City of Dubuque.
Whereas, The application for the franchise granted by this
Ordinance has been on file in the office of the Recorder of said
City of Dubuque and pending before the said City Council of
said city, for more than four weeks, and due notice of said ap-
plication was published for four weeks as required by law, and
said notice as published duly returned to the said office of the
City Recorder ; therefore,
Be it Ordained by the City Council of the City of Dubuque:
Section 1. That the Standard Telephone Co. is hereby
given the right, privilege and authority to construct and main-
tain telephone lines and wires including the necessary posts
and poles with wires and conductors thereon, upon, along, and
over the public streets and alleys of the City of Dubuque, and
subways and conduits for wires and conductors under the sur-
face of said public streets and alleys, and to operate in said
city a telephone system and exchange, upon the following terms
and conditions:
Sec. 2. All poles shall be neat, symmetrical, and painted,
and no electrical conductors shall be placed thereon less than
twenty feet above the surface of the ground. All work of
locating and erecting the poles and constructing subways or
conduits, by virtue of this Ordinance shall be done .under the
direction and supervision of the Street Committee of the City
Council, and City Electrician; they shall direct the placing of
the poles and wires in the streets and alleys of the city, so that
the Fame shall cause as little obstruction as possible to the pub-
lic use of said highways. No poles shall be placed upon nor
subways constructed under any of the paved or macadamized
north and south streets of the city where it is practicable to
penetrate any district with the telephone system through the
alleys ; nor on or under any paved or macadamized cross street,
except where absolutely necessary for the complete construction
of the telephone system hereby authorized.
SPECIAL ORDINANCES.
307
Sec. 3. Whenever it is desired to construct the lines of
said company on a street or alley upon which there is already
constructed a line of telephone, or t legrap h, inao derhority is
to limit
the number of poles to a minimum, p
d
hereby granted the said company to occupy, or replace the
poles of said line already constructed under such an agreement
as may be made by said company with the owners thereof, and
Electrician
the irectandConreittee ulateand theCplac placing, installing and insulating of
have the power
to dire
wires, and the joint use of poles, so that the same will be 'safe
from danger to life and property, and so as not to unduly in-
terfere withthe
tby existing Ordinances. Provided, the same street or alley
asprovided
Provided, That nothing
as to
in this SectCompany
syl frll be om erecting construed ces Pary1poles of its own, in an
Tele-
phone Comp y
street or alley on which the lines of any telegraph or other tele-
phone company have been already constructed, subject to the
general regulations specified in this Ordinance, in case it shall,
be unabo make a reasonable and le
such line
or lines, forsatisfactory
fuagreement
the joint use
ownerof the poles
already erected.
Sec. 4. The maintenance of poles and wires and con-
ductors shall in all respects be subject to the provisions of the
Ordinance adopted December 2, 1889, concerning outside con-
struction for electriclight anal powerotherwise eher herein trical pur-
provided ;
poses, so far as applicable,
and the City of Dubuque hereby specially reserves the right,
from time to time, to make such amendments to said Ordinance
as safety to person and property, and the convenience of its
citizens shall render necessary and expedient. The posts and
poles shall not be set so as to interfere with any gutter -drain,
sewer, water pipe, gas pipe, that has been heretofore placed by
the authority of the City Council, or any gutter, drain or sewer
that may hereafter be constructed orlace#1 by authority of
the City Council, and, in the event of bringing to grade or
change of grade, of the paving of any str et or alley wherein
said poles have been or may hereinafter e placed, the said
Standard Telephone Company shall at its ow cost change said
posts and poles, and reset them, if necessary, under the direction
of the Street Committee and the City Electrician. The com-
pany or any citizen affected by the orders or directions of such
committee and City Electrician, may appeal, from any order
given by them, to the City Council.
Sec. 5. In case of fire the poles, and posts, wires, con-
ductors and cables may be cut and removed by order of the.
Manor or the City Council of said city or any officer of the fire
308
SPECIAL ORDINANCES.
department without liability on the part of the city or of the
city officers of said city for the repair of the wTf-e so cut.
Sec. 6. The telephone service to be given by the exchange
or company herein contemplated shall at all times be first class
and reliable in all respects, should the operation of the local
exchange, as distinguished from the long distance system, be
voluntarily discontinued by the company at any one time for a
period of thirty days, this Ordinance so far only as the local
exchange hereby authorized is concerned, shall thereupon be-
come null and void and of no effect, and posts, poles, wires and
other appliances and equipments of said exchange other than
used in connection with the long distance part or feature of the
business shall be removed from said streets or alleys, upon the
order of the City Council of said city, provided, however, that
the said Council shall first give the said company thirty days'
notice in writing to resume business or remove their posts,
poles and wires, within the provisions of this Section of the
Ordinance, and, in the event of the failure or refusal of said
company to so resume business or comply with the order and
notice of the Council, the City of Dubuque shall have the right
to cause the order herein provided for to be complied with by
causing the work to be done at the expense of the company
without further notice.
Sec. 7. In consideration of the rights and privileges herein
granted the said company shall provide and maintain one cross
arm at the top of each pole, and furnish space in the conduits
constructed by virtue of this Ordinance, for the free use of the
police and fire alarm telegraph systems of the City of Dubuque.
Sec. 8. The said Standard Telephone Company shall re-
place and properly relay any sidewalk and the pavement
of any street that may be displaced or disturbed by
reason of the erection or construction of such poles or
subways, and upon the failure of said company so to
do, or to restort such sidewalks or street to as good
condition and repair as previous to the displacement or dis-
turbance of the same, after three days' notice in writing shall
have been given by the Street Commissioner, City Marshal, or
City Electrician, the city may repair such. portion of the side-
walk or street that may have been so disturbed or displaced,
and may recover the expense from said company by civil suit
or otherwise, and the person acting as Street Commissioner
of the City of Dubuque shall be the judge of the extent and
•necessity of such repairs.
Sec. 9. It is hereby expressly provided as a condition of
the grant of the rights and privileges conceded to the Standard
Telephone Company by this Ordinance that the city shall have
SPECIAL ORDINANCES. 309
the right and authority at any time after the year Igoe to cause
in
all wireshereinafterddesors cr bed,hwhichat portion of shall be knownasity of the "Suu-
b-
way hereinafter
to be placed and maintained in underground con -
way District,
ducts, and may, by resolution of the Council, order and direct
the said telephone company to remove all wires and conductors
within the limits ofsaid b aid requirement ' by removing all
y District to such underground
wires
and mayy enforce said poles, wires and electrical conductors in use by said company,
he
leys and
above th
highways within said distriict; and surface of the ground from tthe city gshallts, lhave the
further right, at its option in case of the wilful failure of said
company to comply with said requirement within a reasonable
time, to declare a forfeiture of all rights and privileges granted
by this Ordinance, by resolution of the City Council. Provided,
however,nthat ifthe
orght andcompa yrtolmaintain extendeds is telephon g anted
system
to ay otheCity p
inthe iisunotrequ�ed to lacerthe its wires ringcoondu conduits that
such company
un-
der the ground, the City Council shall not require the Standard
Telephone
so long as suoch othertwiresmpany o place its ccompany shallnot be requi ed ocso placnduite
its wires underground.
Sec. Io. That portion of the territory of the City of Du-
buque included within and bounded by the following streets
and alleys shall constitute the subway district referred to in
the last preceding Section, to -wit : On the north by Seven-
teenth Street; on the east by alley between Clay and White
Streets, from Seventeenth Street to Eleventh Street and from
Eleventh Street south by Clay Street to First Street ; on the
south by First Street ; and on the west by Bluff and West Locust
Streets from First Street to Seventeenth Street.
Sec. II. The said Standard Telephone Company shall have
the right and authority under the supervision of the Street Com-
mittee and City Electrician as hereinbefore provided, to
erect
and maintain within said subway district, the postsand poles
necessary to support wires extending from the conduits to
dwellings, stores and other places of business where telephones
subway district said Standard Telephone Company shall have
may be used, and which may be requisite for the proper con-
nection of the Central Telephone exchange of said company
with such dwellings and places of business. And outside of said
the right and authority to erect and maintain posts and poles
with the necessary wires and conductors thereon for the opera-
tion of a telephone exchange.
Sec. 12. If said conduits are constructed as hereinabove
provided, where the same are thus placed under the surface of
li
11
310 SPECIAL ORDINANCES.
the streets and alleys, no poles or posts shall be maintained ex-
cept where necessary for the distribution of electric energy
from the underground conduits to individual patrons of the
company. It is expressly provided that such conduits shall
not be laid in any of the main paved streets of said city which
run from north to south, where it is practicable to penetrate
the district through alleys, and only upon such cross streets
as may be necessary in the conduct of its business. The con-
duits extending north and south in the conduit district shall be
laid in the alleys.
Sec. 13. The work of constructing the underground con-
duits or subways contemplated by this Ordinance shall he so
prosecuted as not to interfere with more than two contiguous
blocks of any one street or alley at any one time, and all streets
and alleys and pavements where excavations are made shall
be restored to their original condition by said company, and
where excavations have been made in said streets and alleys
the earth and pavement shallbe replaced to the satisfaction of
the City Council of said city, and if said pavements or earth on
said streets so excavated is not replaced and put in the same
condition as before being excavated, the City Council may cause
the work to be done and the company shall pay to the city the
cost of so doing, provided the city shall make demand upon the
company to do or cause the work to he done in manner herein
provided, the City Council to have sole discretion over and be
sole arbiter as to the fact whetherthe said streets and alleys
are in the same condition that they were before the work of
excavation was commenced.
Sec. 14. It is hereby expressly provided as a part of the
consideration for the rights and privileges granted herein, that
the charge for telephone service shall never exceed the follow-
ing schedule, to -wit : For telephones in business houses and
offices within a radius of one mile from its central station,
$24.00 per annum and for telephones in business houses and
offices outside a radius of one mile from its central station,
$24.00 per annum and the further sum of $I.00 per annum for
each additional mile or fraction of a mile. For dwelling houses
within a radius of one mile from its central station the sum of
$15.00 per annum, and the same additional charge where dis-
tance exceeds one mile as provided for telephones in business
houses or offices.
Sec. 15. The said Standard Telephone Company, its suc
cessors and assigns, shall not during the term of this Ordinance
charge to its patrons or the public generally, any rate on its
toll lines to exceed the following schedule to -wit : For tele-
phone communications within a distance of fifty miles, the sum
SPECIAL ORDINANCES.
t1 tenu ceofsfifteen cents, for a distance not exceeding one huance not exceeding seventy-five n-
dred sum the sum of twenty cents. For a distance exceeding
coes, proportionately
one hundred ovlded. the charge to be the same p p
as above p
Sec. 16. It is hereby expressly stipulated that the work Of
constructingmmencnhortbe olre the first one day ofe under
July,this
A. franchise
1899,shall
and
commence o
shall be prosecuted and conducted in a businesslike manner,
continuously, and without cessation, until there is an exchange
with at least 30o connections in the City of Dubuque, made and
in operation, and said exchange shall be in operation in the City
of Dubuque on or before the first day of January, A. D. 190o.
Sec. 17. The said Standard Telephone Company, its suc-
cessors and assigns, shall pay towards the salary of the City
con -
Electrician their just
rovidedproportion,
Chapterexclusive
1ot of the rRev sedes in e0 di-
duit system, as p
nances of the City of Dubuque of 1893.
Sec. 18. It is hereby understood that the said Standard
Telephone Company, its successors and assigns, shall notat any
time transfer any of the rights and privileges herein granted,
to any telephone company now operating a telephone exchange
in theCity of pDubuque, now operating a telephone exchange oin thf e
City
otelephone company
City of Dubuque. And the said Standard Telephone Company
rights and privileges herein
Shaat any time
excepttaecompany incorporated to use
granted, to any p p
and accept the conditions and benefits of this franchise.
Sec. 19. The said Standard Telephone Company hall foe
entitled to enjoy the rights and privileges hereby granted
the term of twenty-five years from and after the adoption of
this ordinance by the City Council of the City of Dubuque and
its publication in the official paper of said city.
Sec. 20. The said Standard Telephone Company shall fur-
nish free of cost for the use of the City of Dubuque and its
offi-
cers twelve telephones with exchange service, to be placed
where ordered by the Mayor and City Council, and shall furnish
such other number of telephones,with exchange service as may
be ordered by the Council for the use of the city and its officers
at a cost of one-half the rates herein provided.
Sec. 21. Said Standard Telephone Company, its successors
or assigns, shall be liable to any person or persons injured for all
damages resulting from the erecting, placing and maintaining
such poles and wires under the permission given in this ordi-
nance, as well as from the carelessness or misconduct of any
311
312 SPECIAL ORDINANCES.
agent or employe of said company, in placing and maintaining,
or using such poles or wires so placed. And shall also hold
said city safe and harmless from any damages and costs, or
cause of action, that may accrue againstit, by the reason of plac-
ing or maintaining of such poles and wires, and the carelessness
or misconduct of the agents or employes of said company in
the conduct of the same ; and said company shall defend all suits
brought against said city for damages arising from or caused by
placing or maintaining the said poles and wires in the streets
and alleys aforesaid.
Sec. 22. In the event of said company, its successors or as
signs, failing to comply with any of the provisions of this ordi
nance, or violating any of the terms thereof, then it or they shal
forfeit to the City of Dubuque all rights and privileges grantee
by the same.
Sec. 23. The Standard Telephone Company shall file with
the City Recorder a written acceptance of this ordinance within
twenty days after the date of its final passage by the City Coun-
cil, otherwise it shall become null and void. If this ordinance
shall be accepted by said Standard Telephone Company within
the specified time it shall thereupon be published in the Dubuque
Daily Telegraph newspaper, and take effect and be in force
from and after the date of such publication.
Passed and approved April 20, 1899.
Attest :
L. M. LANGSTAFF,
Recorder of the City of Dubuque.
To the Honorable, the Mayor and City Council of the Cit, of
Dubuque, Iowa :
C. H. BERG,
Mayor.
Gentlemen —The Standard Telephone Company hereby ac-
cepts the franchise granted to it by the City of Dubuque by the
ordinance duly adopted by the Council and approved by the
Mayor on the loth day of April, A. D. 1899, and hereby accepts
the ordinance, in accordance with the provisions of Section 23
thereof, this 27th day of April, A. D. 1899.
STANDARD TELEPHONE COMPANY.
Per VIE H. STEVENS, President.
Published in the Dubuque Daily Telegraph the Ist day of
May, 1899.
L. M. LANGSTAFF,
City Recorder.
SPECIAL ORDINANCES.
31 3
CHAPTER LXIII.
�N ORDINANCE relating to Fenelon Place Eleyator Com-
pany.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That the Fenelon Place Elevator Company is
hereby authorized to erect on Fourth street, at the intersection.
of Fenelon street at the place where the power house of the
Fourth Street Elevator Company stood, which was recently
destroyed by fire, a power house for the purpose of operating
an elevator. The right is hereby granted to said Fenelon Place
Elevator Company to operate a public elevator, and to make
charges therefor without further license from the city, subject
to the control of the City Council as to the conducting, man-
agement and safety thereof.
Adopted and approved July 7, 1893.
A. W. DAUGHERTY,
Mayor.
Attest :
T. J. COONEY,
Recorder.
CHAPTER LXIV.
AN ORDINANCE for the vacation of the alley between
Twelfth and Thirteenth Streets and between Maple and
Pine Streets, alley between Twelfth and Thirteenth Streets
and between Maple and Cedar Streets, alley between
Twelfth and Thirteenth Streets and between Cedar
and Sycamore Streets, Maple Street between Twelfth and.
Thirteenth Streets, and Cedar Street between Twelfth and
Thirteenth Streets.
Whereas, The A. Y. McDonald & Morrison Manufacturing
Company, a corporation organized under the laws of Iowa, has
petitioned the City Council of the City of Dubuque for the va-
cation of the alley between Twelfth and Thirteenth Streets, and
between Maple and Pine Streets, alley between Twelfth and
Thirteenth Streets and between Maple and Cedar Streets, alley
between Twelfth and Thirteenth Streets and between Cedar and
Sycamore Streets, Maple. Street between Twelfth and Thir-
teenth Streets, and Cedar Street between Twelfth and Thir-
teenth Streets ; and,
Whereas, The A. Y. McDonald & Morrison Manufacturing
Company is the owner in fee simple of the real estate bounding
or abutting the streets and alleys above designated; and,
Whereas, Notice of the application of the said A. Y. Mc-
Donald & Morrison Manufacturing Company for the said vaca-
• Ii
314 SPECIAL ORDINANCES.
tion has been published for ten days in the official papers „i
the city; and
Whereas, It appears that no valid objections have been
made to said application for said vacation, and said above de-
scribed streets and alleys are not required for street or alley
purposes ; therefore,
Be it Ordained by the City Council of the City of Dubuque :
Section I. That the alley between Twelfth and Thirteenth
Streets and between Maple and Pine Streets, alley between
Twelfth and Thirteenth Streets and between Maple and Cedar
Streets, alley between Twelfth and Thirteenth Streets and be-
tween Cedar and Sycamore Streets, Maple Street between
Twelfth and Thirteenth Streets, and Cedar Street between
Twelfth and Thirteenth Streets, be, and the same are hereby
vacated, and the use of said streets and alleys is hereby granted
to the A. Y. McDonald & Morrison Manufacturing Company
on which to erect, maintain and operate factory buildings; pro- 4,
vided, that if at any time the A. Y. McDonald & Morrison
Manufacturing Company, or its successors, should cease so to
use the premises above vacated for any different purposes, then
the said streets and alleys so vacated shall revert back to the
City of Dubuque, and this Ordinance shall be null and void.
Sec. 2. This Ordinance shall be in force and take effect
from and after its passage and publication one time in the Du-
buque Daily Telegraph and the Dubuque Daily Herald, official
papers of the City of Dubuque.
Adopted June 17, 1895.
Attest :
T. J. COONEY,
Recorder.
PETER OLINGER,
Mayor.
CHAPTER LX V.
AN ORDINANCE for the vacation of Huff Street and alley in
Block 29, in Dubuque Harbor Company's Addition to the
City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That whereas, Svendsen & Ott, operating a
large saw mill and having extensive lumber yards situate and
surrounding Huff Street between Block 29 and 3o of Dubuque
Harbor Company's Addition and alley in Block 29 of Dubuque
Harbor Company's Addition to the City of Dubuque and need -
SPECIAL ORDINANCES.
315
ing said portion of above named street and alley for the further
extension of thi;
Therefore eir the busCityness Council hereby vacates and annuls that
portion of Huff Street being and situate between Blocks 29 and
3o and that of the alley being and situate in Block 29 of the
Dubuque Harbor Company's Addition to the City of Dubuque,
and the said Svendsen & Ott, their successors
or
improveare
hereby permitted and authorized to fill, g m P and
use said part of said street and alley so vacated in connection
with operating a saw mill and lumber yard ; and such authority
is conferred as fully and effectually as the City Council has the
power to grant the same.
Sec. 2. That portion of said street and alley so vacated
whenever discontinued for lumber yard or saw mill purposes
shall revert to the City of Dubuque, and the city shall not be
required or expected to compensate said Svendsen & Ott, their
successors or assigns, for the filling or other improvements on
same.
Sec. 3. This Ordinance shall be in force from and after
its passage and publication in the Dubuque Daily Telegraph of
the city and its acceptance in writing by said Svendsen & Ott.
Adopted October 7, 1895.
Attest :
T. J. COONEY,
Recorder.
PETER OLINGER,
Mayor.
CHAPTER LXVI.
AN ORDINANCE in relation to the purchase, maintenance
and operation of Waterworks by the City of Dubuque.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That the City of Dubuque shall have all the
powers and be subject to all the duties conferred and imposed
by Chapter 5 of Title 5 of the Code of Iowa of 1897.
Sec. 2. That in order to provide for the purchase of
waterworks by the City of Dubuque, the City `Council of the
City of Dubuque, under and by virtue of said Chapter 5 of Title
5 of the Code of Iowa of 1897, hereby levies a sinking fundtax
of one mill upon the dollar upon all the property within the cor-
porate limits of said city, excepting tots greater than ten acres
in area used for horticultural or agricultural purposes.
Sec. 3. That the City of Dubuque purchase, operate and
maintain the entire waterworks plant and all the property of the
gotalregrositirmoserarrears
316 SPECIAL ORDINANCES.
Dubuque Water Company, such purchase to be made in accord-
ance with the terms of an agreement, which the Mayor of the
said city is hereby authorized and directed to make with the
said Dubuque Water Company, in words and figures following,
to -wit :
AGREEMENT.
This agreement made this 29th day of January, 1900, by
and between the Dubuque Water Company and the City of Du-
buque, witnesseth :
That the Dubuque Water Company agrees to sell to the
City of Dubuque, and said City of Dubuque agrees to purchase
for the sum of $545,000.00, the entire waterworks plant, and all
the buildings, real estate, machinery, pipes, rights, privileges,
franchises, and all other property, both real and personal, of
the said Dubuque Water Company, being all the property
now owned by said Dubuque Water Company.
The said purchase not to be complete or binding upon the
said City of Dubuque, until the stipulations of the same and of
this contract be ratified and approved and adopted by a major-
ity of the legal and qualified voters of the said city at a special
election to be held for that purpose, as by Section 7 of Chapter
73 of the Revised Ordinances of 1893 of the City of Dubuque,
and by Chapter 5 of Title 5 of the Code of Iowa of 1897; Pro-
vided, and upon such approval by such voters the said purchase
to be deemed and be complete.
The said purchase price of $545,000•oo to be paid by the
City of Dubuque only out of the proceeds of bonds which shall
be issued by the said city for that purpose, the payment of which
bonds shall be secured by a mortgage executed by the said city
upon the said waterworks plant and property, and the payment
of which bonds is only to be made from the net revenues, derived
'from the operation of the said waterworks by the said city, and
the proceeds of the sinking fund tax, and the regular water levy,
to be levied by the said city as provided by said Chapter 5 of
Title 5 of the Code of Iowa of 1897, and said purchase price
bonds and mortgage, shall be paid in no other way, and no part
of the general fund of said city shall be applied upon such pur-
chase price, bonds and mortgage.
The said Dubuque Water Company is to transfer said
waterworks plant and property to the City of Dubuque free and
clear of all liens, encumbrances, and complications, and to trans-
fer to the City of Dubuque the right of way for pipes through
all the private property through which the pipes of said com-
pany run, and said transfer is to be made by a proper convey -
SPECIAL ORDINANCES. 317
ante warranting the right and ownership of the Dubuque Water
Company in and to the said waterworks plant and property, on
June 1st, 1900.
The payment of the said sum of $545,000.0o is to be made
by or on behalf of the City of Dubuque to the said Dubuque.
Water Company on June 1st, 1900, and if on that date the said
City of Dubuque has provided for the funds with which to .pay
the said sum, the City of Dubuque is to be the absolute owner
of the said waterworks plant and property, and upon- payment
of the said sum is to receive the immediate possession of said
waterworks plant and property, and to be entitled to and re-
ceive all the revenues derived from the operation of the same
from June 1st, 1900, on.
Sec. 4. That to provide for the payment of the purchase
price of said waterworks plant and property, the City of Du-
buque shall issue bonds, the payment of which shall be secured
by a mortgage executed by the said city upon the said water-
works plant and property, and the payment of which bonds is
only to be made from the net revenues derived from the opera-
tion of the said waterworks by the said city and the proceeds of
the sinking fund tax and the regular water levy, to be levied by
the said city as provided by said Chapter 5, Title 5, of the Code
of Iowa of 1897, and said bonds and mortgages shall be paid
in no other way, and no part of the general fund of the said city
shall be applied in the payment of such bonds and mortgage, and
that the said city shall annually levy such sinking fund tax and
regular water levy so that proceeds of same, together with the
net revenues of said waterworks plant, shall create a sinking
fund sufficient to provide for the payment and redemption of
said bonds at maturity, said levy to be made within the limit pro-
vided by law.
Sec. 5. That the said agreement shall be submitted to the
electors of said city for their approval at a special election,
which shall be held on February 28th, 1900, and the Mayor of
said City of Dubuque is directed to give immediate notice of
the said election.
Sec. 6. This ordinance shall be in force and effect from
and after its publication in the Dubuque Daily Telegraph, a
newspaper printed and published in said city, same being the
official paper of said city.
Adopted and approved January 29, 1900.
Attest:
L. M. LANGSTAFF,
City Recorder.
C. H. BERG,
Mayor.
therefore,
318 SPECIAL ORDINANCES.
CHAPTER LXVII..
AN ORDINANCE to provide for the issuance of bonds by the
sale of which to raise money to pay for water works pur-
chased by the City of Dubuque, and to provide for the exe-
cution of a mortgage by the city upon such water works to
secure the payment of said bonds, and to provide for the
levy of special taxes for the purpose of paying said bonds.
Whereas, The City of Dubuque entered into a contract
with the Dubuque Water Company on January 29, 'goo, where-
by it agreed to purchase for the sum of Five Hundred and
Forty-five Thousand Dollars, the entire water works plant and
all the property, both real and personal, of the said Dubuque
Water Company, and
Whereas, The said agreement was duly and legally sub-
mitted to the electors of said city at a special election called
for that purpose on February 28, 'goo, and same was adopted
by a majority of the electors of said city voting at said special
election, and
Whereas, A. T. Lusch, Philip F. Ryder and Frid Heer, Jr.,
were appointed by the District Court of the County of Du-
buque, Iowa, as a Board of Water Works Trustees for the
purpose of carrying into execution the said contract for the
purchase of said water works, and to exercise other powers,
and the said water works trustees have negotiated the sale of
the water works bonds to be issued by the City of Dubuque, as
provided by law and Chapter Five of Title Five of the Code of
Iowa of 1897, and the Ordinances and Resolutions of the City
of Dubuque, said bonds having been sold at par to the amount
of Five Hundred and Forty-five Thousand Dollars, and to bear
interest at the rate of four and one-half per cent per annum,
Be it Ordained by the City Council of the City of Dubuque:
Section T. That in order to provide for the payment of
said purchase price of Five Hundred and Forty-five Thousand
Dollars, there are hereby authorized and directed to be issued
on behalf of the City of Dubuque, water works first mortgage
bonds, according to and of the form hereinafter set out, to the
amount of Five Hundred and Forty-five Thousand Dollars, un-
der date of June First, Nineteen Hundred, in denominations of
One Thousand Dollars each, payabletwenty years from date,
unless sooner redeemed, as specified in said bonds, bearing in-
terest at four and one-half per cent per annum, payable semi-
annually, said interest to be evidenced by forty coupons, num-
bered from one to forty inclusive, both principal and interest
payable in lawful money of the United States of America. The
SPECIAL ORDINANCES. 19
said bonds shall be signed by the Mayor and attested by the
Recorder of said city under its corporate seal, and the interest
coupons thereto attached shall bear the lithographed signature
of wing said Mayor.
S. orm, 2. That said bonds shall be substantially in the fol-
loecfsubject to the necessary changes as to numbers,
maturities of coupons, and other necessary variations therein,
t o-wit
UNITED STATES OF AMERICA, STATE OF IOWA,
DUBUOUE WATER WORKS.
$ i ,000.00
No.
FIRST MORTGAGE 4/ PER CENT BOND.
The City of Dubuque, in the State of Iowa, for value re-
ceived hereby promises to cause to be paid, in the manner
hereinafter designated, to bearer, the sum of One Thousand
Dollars, lawful money of the United States of America, on the
first day of June, A. D., i92o, at the office of the City Treasurer
in the City of Dubuque and State of Iowa, together with inter-
est on said sum from the date hereof, at the rate of four and
one-half per centum per annum, payable semi-annually, until
the maturity of this bond, or until the same is redeemed,
on the first day of December and the f}rst day of June
in each year, in ,lawful money of the United States
of America, payable at the office of the City Treasurer
of. the City of Dubuque, State of Iowa, on the presentation and
surrender of the coupons hereto attached, as they severally
become due. In case of default in the payment of said coupon
for a period of ninety days after said presentation, the principal
and interest of this bond may become due and payable in the
manner and with the effect, and subject to the conditions, pro-
vided in the mortgage hereinafter mentioned, of even date here-
with.
This bond is one of a series of five hundred and forty-five
bonds of like tenor, date and amount, numbered from one to
five hundred and forty-five, both inclusive, of one thousand dol-
lars each, issued under and in accordance with the conditions
of, and equally secured by, a certain first mortgage upon the
water works plant of the City of Dubuque, together with all
lands, real and personal estate, buildings, machinery, pipes,
rights, liberties, privileges, ordinances and franchises formerly
owned and held by the Dubuque Water Company, and now
owned by the said City of Dubuque, and more particularly de-
scribed in the said first mortgage, and all property hereafter
acquired by the City of Dubuque for the purposes of said water
works, and all the net revenues derived from the operation of
320 SPECIAL ORDINANCES.
said water works, so long as this bond, with the interest there
on, shall remain unpaid.
This bond is issued by the City of Dubuque, pursuant to
and by virtue of the laws of the State of Iowa and the Ordi
nances of said city passed in accordance therewith, to provide
for the payment of the purchase price of the water works plant
heretofore purchased by said city, for the purpose of supplyin
the City of Dubuque and its inhabitants with water. The pay_
ment of this bond is secured by the net revenues to be derived
from the operation of said water works, and the proceeds of a
sinking fund tax, and the regular water tax to be levied by said
city as provided by Chapter Five, Title Five of the Code of
Iowa, and the laws of Iowa applicable thereto, and the Ordi-
nances and Resolutions of the City of Dubuque. And the pro-
ceeds of said sinking fund, water levy and net revenues derived
from the operation of said water works are hereby pledged to
secure the payment of this bond, issued as aforesaid, and the
said City of Dubuque, through its City Council, shall annuall
levy a sinking fund tax of not less than one mill, and a regular
water levy of not less than one mill, so that the proceeds of the
same, with the net revenues of said water. works, shallcreate
a sinking fund to provide for the payment of the interest and
redemption of the principal of this bond at maturity. In the
payment thereof the City of Dubuque and the holder of this
bond shall be restricted to the proceeds .of said taxes and net
revenues as hereinbefore provided, and the City of Dubuque
shall not be liable for the payment of the same in any other
manner, and no part of the general fund of said city shall be
applied in payment thereof.
The City of Dubuque reserves the right and option to call
in for payment, annually, on the first day of June, not to exceed
forty of said bonds, to be paid in numeric order, commencing
with number One of the series, upon publishing sixty days
notice of such option in a daily newspaper of the said city.
The mortgage given to secure this bond was duly author
ized and executed by the City of Dubuque to F. D. Stout
Trustee, and duly acknowledged and recorded in the office o
the County Recorder of Dubuque County, State of Iowa.
This bond shall not become valid or obligatory until
authenticated by the signature of the said F. D. Stout, Trustee
to the certificate on the back hereof.
And the said City of Dubuque declares, and hereby certi-
fies and covenants, that all acts, conditions and things required
by the Constitution and Laws of the State, and Ordinances and
Resolutions of the City of Dubuque to be done, performed or
complied with, as conditions precedent to the issue of said
bonds, have been regularly and duly performed and complied
with, and that said bonds are in all respects regular and valid
SPECIAL ORDINANCES. 32
And the said City of Dubuque hereby irrevocably pledges pay its
faith and
diligence
taxesandd the evenuesvaforresaid,collecting
theancarrying
ing
of the special
out of the contract hereby entered into, according to its letter
and spirit, and as more particularly described in the mortgage
aforesaid.
In Testimony Whereof, the City of Dubuque has caused
this bond to be sealed with its corporate seal and signed by its
Mayor and attested by its City Recorder, and the interest
coupons hereto attached to be executed with the lithographed
signature of its Mayor, this first day of June, A. D., 1900.
THE CITY OF DUBUQUE,
By
Attest :
Mayor.
City Recorder.
(CERTIFICATE ON BACK.)
This is to certify that this is one of a series .of bonds num-
bered
five
in conformity w th,uandeunder forty-five, theprovisionshinclusive,
of, the
within mentioned.
Trustee.
(INTEREST COUPON.) No. 1. $aa, 50,
On the first day of December, A. D., 1900, the City of.
Dubuque will cause to be paid to the bearer Twenty-two and 50-
ioo Dollars, lawful money of the United States of America, at
the office of the City Treasurer of the City of Dubuque, Iowa,
being for six months' interest on its First Mortgage four and
one-half per centum water works bond, dated June First, A. D.,
1900, in the manner provided in said bond.
Mayor.
Sec. 3. That to secure the payment of said bonds, principal
and interest, the City of Dubuque pledges the net revenues to
be derived from the operation of said water works and
the proceeds of a sinking fund tax, and the regular
water tax to be levied as provided by law. and Chapter
Five of Title Five of the Code of Iowa, and the Ordinances and
Resolutions of the City of Dubuque, and the said City of Du-
buque through its City Council shall each year, at the time of
levying the regular city taxes, cause to be assessed and levied
a sinking fund tax of not less than one mill, and a regular water
SPECIAL ORDINANCES. 323
Whereas, The City Council of the City of Dubuque. did
by Ordinance passed on the 26th day of May, A. D., 1900,
provide for the issuance of water works bonds under and by
virtue of the laws of the State of Iowa, and of Chapter Five
of Title Five of the Code of Iowa, to secure the payment of
bonds issued traise the purchase price of said water works
plant and property, n
d
Whereas, in accordance with the said Ordinance there have
been issued water works bonds to the amount of Five Hundred
and Forty-five Thousand Dollars, under date of 'June 1, 1900, in
denominations of One Thousand Dollars each, said bonds being
substantially in the following forms, to -wit, subject to the
necessary changes as to numbers, maturities of coupons and
other necessary variations therein, to -wit :
(Herein insert the form of bond 'above set out.)
And, Whereas, the said Ordinance also directed the exe-
cution on behalf of the City of Dubuque of a certain mortgage
to F. D. Stout, and his successor, as trustee, tobe signed by
the Mayor and attested by the Recorder of said city under its
corporate seal.
Now, there fore, the party of the first part hereto, in con-
sideration of the sum of One Dollar, to it in hand paid by the
party of the second part hereto, and other valuable and suf-
ficent considerations, the receipt whereof is' hereby acknowl-
edged, and in order to secure the due and punctual liquidation
and payment of the said Five Hundred and Forty-five bonds,
and of the interest thereon, according to the tenor of said
bonds, has granted, bargained, pledged, sold, transferred, as-
signed and conveyed, and does by these presents grant, bargain,
sell, pledge, transfer, assign and convey unto F. D. Stout, and
his successor, the party of the second part hereto, as trustee as
herein provided, all of the following described rights, franchises,
properties and estates of the party of the first part hereto, as
follows, to -wit :
First —All the rights, contracts, liberties, leases, mining
rights, water rights, rights of way and privileges of the party
of the first part hereto, appurtenant to the water works plant of
the City of Dubuque, and held and used by said city for water
works purposes, whether now owned, or hereafter acquired, by
the party of the first part, together with the net revenues there-
of, including a contract or franchise granted by the said city to
S. Chamberlain, J. W. Parker, H. W. Clark, N. W. Kimball and
R. J. Gibbs, December 5, 187o, being Chapter 73 of the Revised
Ordinances of 1893 of the City. of Dubuque, and any and all
amendments thereto. In case the party of the second part, un-
322 SPECIAL ORDINANCES.
tax of not less than one mill, as provided by law and said
Chapter Five of Title Five of the Code of Iowa, and said city
shall annually collect said taxes in the manner provided by law
and the Ordinances and Resolutions of the City of Dubuque,
so that the proceeds of the same, with the net revenues of the
said water works, shall create a sinking fund to provide for
the payment of the interest and redemption of the principal of
said bonds at maturity, or according to the terms and conditions
of said bonds, and the said City of Dubuque hereby irrevocably
pledges its faith and diligence toward the levying, collecting and
paying of the special taxes and revenues aforesaid, as provided
in the said bonds. The City Treasurer of the said city shall
collect and deposit in some bank, or banks, in the City of Du-
buque, the proceeds of the sinking fund tax aforesaid, which
shall be used in the manner provided by law and for no other
purpose, as contemplated by Sections 742 and 743 of the Code
of Iowa.
Sec. 4. That in order to further secure the payment of said
bonds there is hereby authorized and directed to be executed
on behalf of the said City of Dubuque, a certain mortgage to F.
D. Stout, and his successor, as trustee, according to and in the
form hereinafter set out, upon the water works plant of the City
of Dubuque, together with all lands, real and personal estate,
buildings, machinery, pipes, rights, liberties, hydrant rentals,
privileges, Ordinances and franchises, formerly held by the
Dubuque Water Company, and now owned by the City
of Dubuque, and all rights and properties hereafter ac-
quired by the City of Dubuque for the purposes of water
works, including a franchise for the maintenance and operation
of a water works plant, and all the net revenues derived from
the operation of said water works. The said mortgage shall
be signed by the Mayor and attested by the Recorder of said
city under its corporate seal, and shall be substantially in the
following form, subject to the necessary changes as to numbers,
and other necessary variations therein, to -wit :
MORTGAGE.
This indenture, made this First clay of June, A. D., i9o0,
by and between the City of Dubuque, .a municipal corporation
organized and existing by virtue of the laws of the State of
Iowa, party of the first part, and F. D. Stout, and his successor;
trustee, party of the second part ; Witnesseth :
Whereas, The 'City of Dubuque has purchased the entire
water works plant and all the property, both real and personal,
of the Dubuque Water Company, of the City of Dubuque, for
the sum of Five Hundred and Forty-five Thousand Dollars, and
PEW-
324 SPECIAL ORDINANCES.
der the provisions of this instrument, becomes entitled to the
possession of the property by this instrument mortgaged, then
the said contract and franchise, and the rights and privileges
which enured to said S. Chamberlain, J. W. Parker, H. W.
Clark, N. W. Kimball, and R. J. Gibbs, under said contract or
franchise, and amendments thereto, shall pass to and be en-
joyed exclusively by said party of the second part, and any pur-
chaser of said property at foreclosure sale, and he or said pur-
chaser shall be entitled to operate said water works plant for,
the benefit of the holders of said bonds, or of said purchaser
as the case may be.
Second —All of the personal property of all kinds, particu-
larly including tools, implements, fuel supplies, furniture,
fixtures and plats, appurtenant to or connected with the water
works plant of said city, whethernow owned and held by the
party of the first part, or hereafter acquired by it, for all water
works purposes, together with the net revenues thereof.
Third —All of the following described pieces and parcels of
land, all situated and being in the County of Dubuque, in the
State of Iowa, with the net revenues thereof, as follows, to -wit:
1. Lots One Hundred and Eighty-seven, One Hundred
and Eighey-eight, One Hundred and Eighty-nine, One Hun-
dred and Ninety, Three Hundred and Twenty-seven, Three
Hundred and Twenty-eight, Three Hundred and Twenty-nine,
Three Hundred and Thirty, and Three Hundred and Thirty-
one, all in Eagle Point or Ham's addition to the City of Du-
buque, according to the plat of said addition, recorded in Book
Two of Plats, on Page 205, of the records of plats for Dubuque
County, Iowa ; also all that part of Lots Three Hundred and
Twenty-one, Three Hundred and Twenty-two, Three Hundred
and Twenty-three, Three Hundred and Twenty-four, and Three
Hundred and Twenty-five, in said addition lying, and being
southeasterly of the present right of way of the Chicago, Mil-
waukee & St. Paul Railway Company.
2. All of that part of Lot Number Eight, in Section Num-
ber Nineteen, in Township Number Eighty-nine North, of
Range Three, East of the Fifth Principal Meridian, lying west
of the westerly line of Pine Street extended, and North of the
northerly line of Eighth Street extended, until said extended
lines intersect each other.
3. Lot Number Three Hundred and Twenty-six in Eagle
Point or Ham's Addition to the City of Dubuque, 1854, accord-
ing to the recorded plat of said addition.
4. Lot Five in the District Court's Partition of Mineral
Lot Three Hundred and Thirty-six in the City of Dubuque,
Iowa.
SPECIAL ORDINANCES. 325
5
A tract One Hundred yards square, situated in Mineral
being
Lot Three_Hundred and Five, Dubuque County, Iowa,
the same tract which was accepted by Mathias Ham in laying
out anddedicating
Dubuque,
1 54, also
l ogle Point known as thr e3north parrtam's tion to the City
of Lots Thirty-
four Dubuque, 1854,
four and Forty-five, and all of Lots Three Hundred and Thirty-
two, Three Hundred and Thirty-three, Three Hundred and
Thirty-four, Three Hundred and Thirty-five, and southwest
part of Lots Three Hundred and Thirty-six, and Three Hun-
dred and Forty, and all of Lots Three Hundred and Forty-one,
Three Hundred and Forty-two, and Three Hundred and Forty-
three, in Ham's
book Two of Plaity of ts, Page Dubuque, o5 as shown by
recorded plat
6. Lots Number Seventeen, Eighteen and Twenty-three,
of Burton's Addition in Langworthy's Hollow, in the City of
Dubuque, County of Dubuque, Iowa, according to the recorded
plat of said addition.
7. Lot Number Two of the Sub -Division of Lot Number
One of the Sub -Division of Lot Number Three, of the Sub-
Division of Mineral Lot Number One Hundred and Seventy-
two, in the City of Dubuque, County of Dubuque, and State of
Iowa.
8. All of that part of Mineral Lot Number Two Hundred
and Three, in the City of Dubuque, County of Dubuque, and
State of Iowa, which is described in and conveyed by the deed
from Robert L. Currie to Agnes Currie, dated March 15, 1855,
and recorded in Book P., Page 384 of the records of deeds of
said Dubuque County.
Fourth. —All other real estate, and interest in lands and real
estate, and also all other property of the party of the first part
hereto, real, personal and mixed, appurtenant to and connected
with the water works plant of said city, and held and used for
water works purposes, whether now owned or hereafter ac-
quired, if any, not herein above specifically mentioned or re-
ferred to, with the net revenues thereof. The intent hereof be-
ing to convey to the party of the second part all of the lands,
real and personal estate, buildings, machinery, pipes hy-
drants, valve boxes, rights, liberties, privileges, ordi-
nances and franchises, formerly owned and held by
Dubuque Water Company, and now owned by the City of
Dubuque, and all property hereafter acquired by the City of
Dubuque for the purposes of said water works, and all the net
revenues derived from the operation of said water works, or
any water works.
To have and to hold the said properties, rights and fran-
chises hereby conveyed, with all the privileges and appurte-
326 SPECIAL ORDINANCES.
nances thereto, belonging, unto the party of the second part
hereto, but in trust nevertheless for the equal benefit and Se-
curity of the holders of said Five Hundred and Forty-five bonds
without preference or priority of one bond over another, and
for the uses and purposes, and upon the terms and conditions
hereinafter set forth, as follows, to -wit :
ARTICLE I.
Said Five Hundred and Forty-five bonds, with interest
Coupons attached, shall be certified and forthwith delivered by
the said F. D. Stout, Trustee, to A. T. Lusch, Philip F. Ryder
and Frid Heer, Jr., water works trustees of the said city, to be
by the said water works trustees delivered to the purchasers of
the said bonds, upon the payment by the said purchasers to said
water works trustees of 'the said purchase price of Five Hun-
dred and Forty-five Thousand Dollars, due the said Dubuque
Water Company. No bond not certified by said F. D. Stout,
Trustee, hereunder, shall be entitled to the benefit of the secu-
rity of this mortgage.
ARTICLE II.
Until default shall be made in the payment of the principal
or interest of said bonds, or some of them, or until default shall
be made in respect to something by this instrument required
to be done by the party of the first part, said water works trus-
tees shall be permitted to possess, manage, use and operate all
the property, rights and franchises conveyed hereby, and to
take and use the rents and income• thereof in the manner pro-
vided by law and by this mortgage, and the bonds intended to
be secured hereby. The City of Dubuque hereby covenants
and agrees, that it will faithfully and diligently preserve, pro-
tect and defend, at its own instance and cost, in .the courts, or
otherwise, the rights and properties now owned, or hereafter
acquired by it, and the rights and equities of the holders of the
bonds aforesaid, and it will maintain the mortgaged property
as the same now stands or may hereafter be extended, and
every part thereof constituting part of its water works plant,
in thorough order and repair, and it will from time to time
make all needful and proper replacement of parts worn out or
impaired, so that its business shall at all times be done with
safety and dispatch, and in a first-class manner.
ARTICLE III.
The City of Dubuque covenants and agrees that said water
works trustees, out of the revenue derived from said water
works, shall keep insured its plant, machinery, buildings and
SPECIAL ORDINANCES. 327
other property appurtenant to the said water works plant, and
all policies shall be so drawn as to make moneys accruing there-
under payable to the party of the second part, as his interest
may appear. In case of loss the insurance money may be
applied by the trustees for the renewal of, or addition to, the
property desroyrlor ntau t of the
of any
one
omore of thebondsashtimeoutstanding
hereunder.
ARTICLE IV.
The Board of Water Works Trustees of the City of Du-
buque shall at all times, on request, furnish the party of the
second part a schedule showing with reasonable detail the
items of property covered by the lien hereof, or intended so to
be, and the party of the second part is given full power, in his
discretion, upon the written request of the said city, to release
from the lien hereof to the parties designated by the said city
any lands, machinery, or other property, which, in the judgment
of the party of the second part, it has become inexpedient to
use for the purposes of a water works plant, provided, however,
that in every such case other property of value, in the judg-
ment of the party of the second part, equal to the value of the
property released, is substituted therefor and subjected to the
lien of this mortgage. And until default as aforesaid, the
said city may sell or otherwise dispose of, free from the lien
hereof, such movable personal property as may have become
old, worn out or disused, provided, however, that before doing
so it renews the same, or substitutes therefor, other property
which, in the judgment of the party of the second part, is of
equal or greater value.
ARTICLE V.
If the party of the first part hereto shall well and faithfully
discharge and cause to be paid the principal sum due on said
bonds, when the same becomes payable, according to the tenor
thereof, together with all interest on all of said bonds as the
same becomes due according to the tenor of the respective in-
terest coupons attached to the same and each of them, and shall
well and truly perform, according to the true intent and mean-
ing of this instrument all the other things hereby required of
said city, then these presents shall be of no further force and
effect ; but if, for any cause, default shall be made by the party
of the first part hereto, in the payment of the said bonds out-
standing hereunder, or any of them, at the time they,
or any of them, fall due, or if, from any cause, said city
shall fail to pay said interest coupons, or any of them
328 SPECIAL ORDINANCES.
when the same shall fall due, according to the true tenor
thereof, or if the party of the first part, no matter from what
cause, shall fail faithfully to perform any of its agreements in
said bonds, coupons, or in this instrument contained, and said
default shall continue for the space of ninety days, then the
whole amount of the principal of all the bonds outstanding
hereunder may, at the request of the holders of at least twenty-
five per cent in amount of the bonds then outstanding here-
under be declared by said party of the second part immediate-
ly due and payable, and shall accordingly be at once due and
payable, together with all accrued and unpaid interest thereon.
ARTICLE VI.
If, for any cause, the interest on any of the bonds hereby
secured shall not be paid when the same shall become due, and
if such interest shall remain in arrears for ninety days, or if, for
any cause, the principal of said bonds shall not be paid at their
maturity, then it shall be lawful for said party of the second
part to enter forthwith and take and maintain possession of all
of the property, rights and franchises hereby conveyed, and, as
the attorney in fact or agent of said city, by himself or agents
or substitutes, have, use, manage and operate the same, and
each and every part thereof, and carry on the business con-
nected therewith, making from time to time all needful repairs,
alterations and additions to the property covered hereby and
employed in such business, and receiving all the income and
revenue therefrom, including hydrant rentals from the City
of Dubuque, provided for in the franchise of the said Dubuque
Water Company, to be paid by the City of Dubuque for water
furnished for hydrants, fountains and the like, and after de-
ducting the expenses of such use, operation, repairs,alterations
and additions, and the costs and charges of taking possession,
and a fair compensation to the party of the second part, for his
services in the premises, said party of the second part shall
apply the remaining income and revenues arising from the use
of the mortgaged property and coming to his hands, to the
payment of the interest in default and maturing from time to
time satisfying the coupons in the order of their several ma-
turities, and thereafter apply the residue, if any, upon the prin-
cipal of the bonds then issued and outstanding, in the order
and according to the terms and conditions of said bonds. And
the party of the first part further agrees that it will, in case of
the default as aforesaid in the payment of any interest on, or
principal of, any of said bonds, forthwith, on the written re-
quest of the party of the second part, surrender to him peace-
able possession of all the rights, franchises and property cov-
ered hereby, together with all the books of account, records and
SPECIAL ORDINANCES. 329
papers used by it in and about the operation of its water works
plant.
It is, however, expressly provided that, the City of Dubuque
may, at any time, before decree of foreclosure under this mort-
gage, relieve any default declared on account of non-payment
of interest, and repossess itself of said property by causing to
be paid to the party of the second part such overdue interest
together with the accrued interest thereon and costs and ex-
penses of such default.
ARTICLE VII.
It is expressly agreed and made a condition here-
of, that if, for any cause or reason whatever, ninety
days' default shall occur in the payment of any of
the interest on any of the bonds outstanding, here-
under, then it shall be lawful for the said party of the sec-
ond part, and it shall be his duty, upon the written request of
the holders of at least twenty-five per cent in amount of the
bonds secured hereby and then outstanding, with or without
entry, to declare . the principal of all of said bonds then out-
standing due and payable, and the same shall thereupon forth-
with on such declaration, be at once due and payable the same
as if matured by lapse of time, and in such case the party of the
second part may, and at the request of the holders of at least
twenty-five per cent in amount of the bonds hereby secured
and then outstanding, shall, institute and carry on all
such suits and proceedings to foreclose this mortgage
and the lien thereof. And out of the proceeds arising
from any sale or sales upon foreclosure hereof, the trustee
shall, first, defray the expenses of foreclosure, together with
just and reasonable charges for his services, including reason-
able counsel fees and also all advances and expenses incurred
by him, and shall apply the balance of said proceeds to the pay-
ments of the bonds secured hereby, and all interest thereon,
computed to the time of making the payment, and if any of said
proceeds shall then remain, such remainder shall be turned over
to the party of the first part hereto.
ARTICLE VIII.
The party of the first part expressly covenants and agrees
that it will, on written request, from time to time hereafter,
execute, acknowledge and deliver to the party of the second
part hereto,all such further and other franchises, ordinances,
resolutions, conveyances and assurances as may be necessary
or proper to keep valid the lien hereof and fully convey to, and
vest in, the party of the second part all the real and personal
330 SPECIAL ORDINANCES.
property rights and water franchises, which it now owns or
may hereafter acquire, connected with a water works system of
plant.
ARTICLE IX.
The party of the second part shall be under no obligation
to recognize any person, firm or corporation as the holder or
holders, owner or owners, of any one or more of the bonds
secured hereby, or do or refrain from doing an act pertaining
to the request of any person, firm or corporation claiming to
be such holder or owner, until such supposed holder or owner
shall produce the said bonds and deposit the same with him,
and shall indemnify and save him harmless to his reasonable
satisfaction from all costs and expenses, outlays and counsel
fees and other reasonable disbursements and damages for
which he may 'become liable or responsible in proceedings to
carry out any such request or demand.
ARTICLE X.
The right of action under this agreement is vested exclu-
sively in the trustee or his successor, and under no circum-
stances shall any bondholder or bondholders have any right to
institute any action or proceeding on or under this instrument
for the purpose of enforcing any remedy herein or hereunder,
except in case of refusal on the part of the party of the second
part to perform any duty imposed upon him by this mortgage,
and all actions and proceedings hereunderfor enforcing the
provisions of this indenture shall be instituted and conducted
by the party of the second part, according to his sound discre-
tion.
ARTICLE XI.
All the representations herein and in said bonds contained,
are made by and on behalf of the party of the first part hereto.
Said trustee shall not be answerable for the act or default
of any agent, attorney, or employee, selected by him with
reasonable discretion, and shall be entitled to be reimbursed
for all outlays of every sort or nature incurred by him in the
discharge of the trusts hereof ; also to receive a reasonable and
proper compensation out of the trust property for any services
which he may at any time perform in the discharge of the
trusts hereof, and all such outlays, fees, compensations, and
disbursements, are hereby secured and constitute a lien on the
mortgaged property prior to the lien of said bonds and coupons
and the said party of the second part shall not be obligated,
except at his discretion, to enter, defend, maintain or carry on
any suits or litigation in any manner or form, growing out of
SPECIAL ORDINANCES.
1
331
this mortgage, or the bonds and coupons issued hereunder, un-
less and until the bondholders, or some of them, shall have in-
demnified him to his reasonable satisfaction against all expenses
and liabilities in which he is, in his judgment, likely to be in-
volved by such action on his part.
In the event of the death of said F. D. Stout, his removal
from the State 'of Iowa, his resignation, removal, inability or
refusal to act as trustee, said trusteeship shall at once become
vacant, and application may then be made to the District Court
of Dubuque County, Iowa, by petition, by any of the holders
of said bonds then outstanding, for the appointment, by said
court, of a new trustee, the applicant giving notice of said ap-
plication by publishing once a week for three weeks in a daily
newspaper published in the City of Dubuque, Iowa, a notice
of said application, giving the date at which it will be presented
to the court for action, which date shall be at least three weeks
from the first publication. Said application shall be entitled in
the name of the applicant as plaintiff and the City of Dubuque
as defendant. The application shall be docketed as an equit-
able action and all proceedings therein shall be made of record,
as in ordinary equitable actions. Other bondholders may ap-
pear in said proceeding and the court shall appoint, as such new
trustee, the person selected by a majority of the holders of the
then outstanding bonds who appear in said proceeding. The
expense of said proceeding shall be paid, pro rata, by the bond-
holders who appear in said proceeding.
A like result and rule shall follow in the case of the death,
removal from the state, resignation, removal, inability or re-
fusal to act, of any successor to said F. D. Stout.
In Witness Whereof, the City of Dubuque has hereunto
caused its corporate name to be affixed by its Mayor and its
corporate seal to be attached and attested by its Recorder, this
First day of June, A. D., 19oo.
CITY OF DUBUQUE,
Attest : By
Mayor.
City Recorder.
State of Iowa, Dubuque County, ss :
On this First day of June, A. D;, 1900, before me personally
appeared C. H. Berg, to me personally known to be the Mayor
of the City of Dubuque, Iowa, who being by me duly sworn,
did say that he is the Mayor of the said City of Dubuque, and
that the seal affixed to said instrument is the corporate seal of
said City of Dubuque, and that said instrument was signed and
sealed in behalf of the said. City of Dubuque, by authority of its
•
332
SPECIAL ORDINANCES.
City Council, and said C. H. Berg acknowledged said instru-
ment to be the voluntary act and deed of said City of Dubuque.
In testimony whereof, I have hereunto set my hand and
notarial seal this First day of June, A. D., 'goo.
Notary Public of Iowa in and for Dubuque County.
State of Iowa, County of Dubuque, ss :
On this First day of June, A. D. 190o, before me person-
ally appeared L. M. Langstaff, to me personally known to be
the Recorder of the City of Dubuque, who, being by me duly
sworn, did say that he is the Recoraer of said City of Dubuque,
Iowa, and that the seal affixed to said instrument is the cor-
porate seal of said City of Dubuque, and that said instrument
was signed and sealed in behalf of said City of Du-
buque by authority of its City Council, and said L. M.
Langstaff acknowledged the said instrument to be the volun-
tary act and deed of said City of Dubuque.
In testimony whereof, I have hereunto set my hand and
notarial seal this First day of June, A. D., 190o.
Notary Public of Iowa in and for Dubuque County.
Sec. 5. When said bonds and mortgage shall have been
executed as aforesaid, a proper record of the issuance of the
same shall be made by the City Auditor of said city, and they
shall forthwith be delivered to said Board of Water Works
Trustees, and the said mortgage shall be delivered by them to
the trustee mentioned therein, and said bonds shall be delivered
by them to the purchasers thereof, upon the payment by said
purchasers to the Dubuque Water Company of the said pur-
chase price of Five Hundred and Forty-five Thousand Dollars,
on June 1, 1900, and said bonds authorized by this Ordinance
shall not be used for any other purpose than to secure the pay-
ment of the said purchase price of Five Hundred and Forty-five
Thousand Dollars.
Sec. 6. This Ordinance shall take effect and be in force
from and after its publication in the Dubuque Telegraph, a
newspaper published in the said City of Dubuque.
Approved this 28th day of May, A. D., 19oo.
Attest: C. H. BERG,
L. M. LANGSTAFF, Mayor.
City Recorder.
f
SPECIAL ORDINANCES.
333
CHAPTER LXVIII.
AN ORDINANCE granting to George B. Burch, trustee, the
right to maintainand operate a factory on part of lot 2 of
mineral lot io6 in the City of Dubuque, Iowa.
Be it Ordained by the City Council of the City of Dubuque :
Section 1. That the right is hereby granted to George B.
Burch, trustee, for the Second National Bank of Dubuque, Iowa,
to use and occupy lot 2 of mineral lot Io6 in the City of Du-
buque, according to the plat hereto attached, for the period of
twenty-five years, beginning on the first day of August, 1896, at
an annual rental of one dollar per year.
Sec. 2. The said George B. Burch, trustee, or his assigns,
to operate and maintain on said premises a plant for manufac-
turing purposes, independent of any other plant or. corporation.
Sec. 3. The grantee herein agrees to hold said City of Du-
buque harmless from any damage or litigation that may here-
after arise on account of this lease, or on account of the build-
ings or improvements now upon said premises or to be placed
thereon, and said grantee, its successors and assigns shall pay
the expenses and the costs of any and all public improvements
abutting or adjacent to said premises and all ordinary munici-
pal taxes upon said real estate and improvements thereon, the
same as if it or they were absolute owners in fee of the same;
Provided, however, in consideration of the premises said real
estate and all machines used in connection therein with said
factory, or either of them, and all goods manufactured therein
shall be exempt from ordinary city taxes for a period of ten
years from the 7th day of April, 1892.
Sec. 4. In case of a failure on the part of said George B.
Burch, trustee, to operate said premises during the term of this
lease for manufacturing purposes for a period of six months
said failure so to do shall be deemed a forfeiture of all the rights
herein granted, and said property with all improvements thereon
shall revert to the City of Dubuque.
Sec. 5. The city also reserves the right to the natural
water way now connected with the stone arched sewer across
Garfield Avenue and Pine Street. It also reserves the right and
title to that portion of Lot 2 of Mineral Lot io6, fronting on
Garfield Avenue on the north side of Lot 11, East Dubuque
Addition.
Sec. 6. The Ordinance passed April 7, 1892, and accepted
by George Dee on said granting certain privileges to George
Dee is by the passage of this Ordinance repealed and all
rights under said Ordinance granted to said George Dee,
1111111"---
0001
334
SPECIAL ORDINANCES.
or his assigns, shall revert to the City of Dubuque. It b
ing expressly understood that the ownership of all buil
ings on the grounds and real estate described in said ,Ordinan,
of April 7, 1892, to George Dee is hereby, vested in the City
Dubuque.
Section 7. This Ordinance is to go into effect upon i
passage by the City Council of the City of Dubuque and i
acceptance in writing by George B. Burch, Trustee, and its pu
lication in the official papers of the city and upon the executi
of a written waiver to the city by George Dee, or his assign
of all rights granted said George Dee, or his assigns, under tl
Ordinance of April 7, 1892.
Passed October 5, 1896.
I, George B. Burch, Trustee, named in the above Ordinan
hereby accept all the provisions and the conditions of said Orc
nance and agree to be bound by the same.
GEORGE B. BURCH, Trust(
GEORGE DEE,
By GEO. B. BURCH, Trustee.
Attest : T. T. DUFFY.
L. M. LANGSTAFF, Mavc
City Recorder.
CHAPTER LXIX.
e-
d-
e
of
ts
ts
o
b-
n
s,
ie
i-
e.
AN ORDINANCE providing for the extension and continua-
tion of the rights of the Star Electric Company, of Du-
buque, as successor of the United States Electric Light and
Power Company, of Iowa, to erect poles, wires and other
fixtures in the streets, alleys and public parks of the City
of Dubuque for illuminating and other purposes for and
during the additional period of nineteen years from the
Tenth day of September, 1903.
Be it Ordained by the City Council of the City of Dubuque:
Section i. That the rights and privileges now held and
enjoyed by the Star Electric Company of Dubuque, Iowa, as
successors of the United States Electric Light and Power Com-
pany of Dubuque, Iowa, under and by virute of an Ordinance
passed September Io, 1883, be and the same are hereby extended
and continued for the additional period and term of nineteen
years from and after the Tenth day of September, A. D., 1903.
Sec. 2. That the rights and privileges hereby extended and
-continued shall be subject to all conditions, regulations and re -
SPECIAL ORDINANCES. 335
strictions contained, expressed and specified in the original
Ordinance granting and conferring the same referred to, in the
preceding Section, which Ordinance is contained and published
as Chapter Ninety-four in the book of the Revised Ordinances
of 1893.
Sec. 3. That it is further expressly understood and pro-
vided that said Star Electric Company shall be subject to and
bound by all the provisions and regulations of an Ordinance
entitled "An Ordinance concerning outside constructions for
electric light and power or other electrical purposes," and also
by the requirements of an Ordinance entitled "An Ordinance
providing for compensation of the City Electrician and desig-
nating who shall pay for the same," the said Ordinances herein
referred to, being Chapters One Hundred and One Hundred
and One of the Revised Ordinances of 1893.
Sec. 4. That it is further expressly understood and pro-
vided that the said extension of franchise is granted on the ex-
press condition that all the provisions, stipulations and regula-
tions contained and specified in the said original Ordinance in
favor of the United States Electric Light and Power Company,
and in the two Ordinances referred to in the last preceding
Section, shall be faithfully observed and carried out by said Star
Electric Company, and that in case of any failure on its part
to comply with said conditions the said extension of franchise
shall become null and void and thereupon cease and terminate,
Sec. 5. The Star Electric Company shall file with the City
Recorder a written acceptance of this Ordinance within twenty
clays after its passage by the City Council, otherwise it shall at
once cease to have any further force or effect. If accepted by
said Company within the time herein specified, this Ordinance
shall thereupon be published one time in the Dubuque Daily
Telegraph newspaper and take effect, and be in force from and
after such publication.
Adopted September 2, 1897.
Approved September 3, 1897.
Attest : . T. T. DUFFY,
L. M. LANGSTAFF, Mayor.
City Recorder.
Dubuque, Iowa, Sept. 3, 1897.
We hereby accept the Ordinance, entitled "An Ordinance
providing for the extension and continuation of the right of
the Star Electric Company of Dubuque, as successors of the
United States Electric Light and Power Company of Iowa, to
erect poles, wires and other fixtures in the streets, alleys and
fl4 I'II100oi
III
336 SPECIAL ORDINANCES.
public parks of the City of Dubuque, for illuminating and other
purposes, for and during the additional period of nineteen year.
from the Tenth day of September, i9o3.
STAR ELECTRIC COMPANY,
By F. D. STOUT, President.
W. J. BROWN, Secretary.
Published in the Dubuque Daily Telegraph newspaper the
Ninth day of September, 1897.
CHAPTER LXX.
AN ORDINANCE granting the right to the American District
Telegraph Company of Iowa, to establish a fire and burg-
lary system in the City of Dubuque.
Be it Ordained by the. City Council of the City of Dubuque :
Section i. That the American District Telegraph Com-
pany of Iowa, its successors and assigns be and are hereby
granted the right to maintain the poles and wires necessary for
the operation and maintenance of a district telegraph and other
electrical service connected therewith upon the streets, alleys
and public ways of the streets of the City of Dubuque.
Sec. 2. The location of all lines shall be under the direction
and control of the Street Committee and City Electrician of
the City of Dubuque and subject to the usual police restrictions,
and with the further understanding that the wires shall be placed
in such manner as not to interfere with the proper and public
use of the streets and alleys and public ways of said city ; 'and
said American District Telegraph Company of Iowa, its suc-
cessors and assigns shall hold the said City of Dubuque harm-
less from all damages arising by reason of said lines.
Sec. 3. The said City of Dubuque retains the right to cut
all wires in case of fire where such wires interfere with the ope-
ration of the fire department, or in case it is deemed necessary
by said city ; and said City of Dubuque shall in such case in no
manner be liable for the expense of repairs and renewals of said
wires, and such repairs and renewals shall be made entirely at
the expense of said American District Telegraph Company of
Iowa, its successors and assigns.
Sec. 4. Said City of Dubuque shall have the free use of all
signal boxes placed by said American District Telegraph. Com-
pany of Iowa, its successors and assigns, where the same are
provided with fire or police calls and the said American District
Telegraph Company of Iowa, its successors and assigns here
agree, (and are hereby given permission) to erect, at its own
SPECIAL ORDINANCES. 337
expense, private telephone. lines from its principal office in the
City of Dubuque to the nearest fire alarm and police station of
the said City of Dubuque ; and the said American District
Telegraph Company of Iowa agrees without expense to said
City of Dubuque to promptly transmit to said fire and police
stations all fire and police signals received over its wires.
Sec. 5. This Ordinance shall take effect on and after its
publication in the Dubuque Daily Telegraph newspaper and
the filing by said American District Telegraph Company of
Iowa of its unconditional acceptance thereof, in the office of the
City Recorder of the said City of Dubuque and shall extend for
a term of twenty years.
Passed by the City Council of the City of Dubuque, March
14 1901,
Approved
Attest :
L. M.
March 15, 19o1.
LANGSTAFF,
City Recorder.
Dubuque, Iowa, March 18, 1901.
To the Honorable Mayor 'arid City Council of the City of Du-
buque, Iowa :
Gentlemen :—We hereby accept the above Ordinance
passed by your honorable body the Fourteenth day of March,
too'.AMERICAN DISTRICT TELEGRAPH Co.,
C. F. PATTERSON,
General Superintendent.
Published in the Dubuque Daily Telegraph newspaper,
March 21, 1901.
Attest :
L. M. LANGSTAFF,
City Recorder.
C. H. BERG,
Mayor.
C. H. BERG,
Mayor.
CHAPTER LXXI.
AN ORDINANCE granting the right of way to the Dun-
leith & Dubuque Bridge Company for a railroad across
and along certain streets, alleys, levees and public prop-
erty in the City of Dubuque, and giving the right to lo-
cate the westerly end of said bridge on the outer levee.
Be it Ordained by the City Council of the City of Dubuque :
Section i. That the right of way be, and is hereby granted
to the Dunleith & Dubuque Bridge Company across and along
338 SPECIAL ORDINANCES.
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 the west side of Iowa Street to Second Street; thence
to west side of inner levee ; thence along west side of inner
levee to north side of Sixth Street ; thence northerly along the
west side of Jackson Street to Ninth Street ; thence along north
side of Ninth Street to Washington Street ; thence along north
side of Ninth Street to Washington Street; thence along west
side of Washington Street to Eighteenth 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 Sixth
and Seventh Streets, or oneither of said streets ; reserving,
however, to the City Council the right to make all needful and
useful regulations concerning the running of trains, the speed
of the same, and all otherproper police regulations : Provided,
That the rights herein granted to the said Dunleith & Du-
buque 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.
Sec. 2. That it shall be the duty of said Dunleith & Du-
buque 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, dam-
aged or destroyed in constructing or using said track or tracks.
Passed June 7, 1867.
Attest : J. K. GRAVES,
WM. ASHLEY JONES, Mayor.
Recorder.
CHAPTER LXXII.
AN ORDINANCE to repeal part of an Ordinance entitled "An
Ordinance granting the right of way to the Dunleith &
Dubuque Bridge Company for a railroad across and along
streets, alleys, levees and public property in the City of
Dubuque and granting 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 I. That the Ordinance entitled "An Ordinance
SPECIAL ORDINANCES. 339
granting the right of way to the Dunleith & Dubuque Bridge
Company fora railroad across and along certain streets, alleys,
levees and public property in the City of Dubuque, and granting
the right to locate the westerly end of said bridge on the outer
levee," passed June 7, 1867, be and the same is hereby repealed,
except so much of said Ordinance as fixes the location of the
western terminus or abutment of said bridge.
Passed May 14, 1868.
Attest :
FRANK GLAB,
Recorder.
SOLOMON TURCK,
Mayor.
CHAPTER LXXIII.
AN ORDINANCE to provide for the acquirement by gift,
purchase, or condemnation of lands for public parks, and
for the dedication of the same to public use and benefit.
Be it Ordained by the City Council of the City of Dubuque:
Section 1. That whenever the City Council shall deem
it expedient and advisable to create and establish for the use.
and benefit of said city and the inhabitants thereof, any public
park, it shall declare such intention by resolution in which the
location and extent of the proposed park shall be described,
and the limits and boundaries thereof accurately defined. The
Council shall also cause to be made a map of the proposed park
which shall conform to the description of the same as set out
in the resolution, and on which shall be shown all the several
lots and parcels of land proposed to be included within the
limits of such park, with the exact area of each lot or parcel
as nearly as practicable, marked thereon and in case that any of
said lots and parcels of land, as. shown on said map, shall be
the private property of owners other than the City of Dubuque,
the name or names of the several owners or owner, as far as
they can be ascertained, shall be marked on each of such lots
and parcels of private property. Which said map, when ap-
proved by the City Council, and such approval verified by the
endorsement thereon of the City Recorder, with the Corporate
Seal of the City attached, shall be filed and preserved in the
office of the City Recorder.
Sec. 2. That upon the filing in his office of the map pro-
vided for in the preceding Section, the City Recorder shall
cause to be published in the official paper of the city, for the
space of ten days, a notice of the intention of the City Council
to,eteate and establish a public park, which notice shall describe
the limits and boundaries of said park, as set out in the reso-
340 SPECIAL ORDINANCES.
lution providing for the same, and that a map of said proposed
park is on file in his office subject to the inspection of the public,
and of all persons owning or having any interest in any of the
lands included therein, and proposed to be taken therefor. It
shall also be the duty of the City Recorder, assoon as may be
thereafter, unless otherwise specially directed by the City Coun-
cil, to cause a notice in writing to be personally served on the
owner or owners of each of the several lots and parcels of land
designated on said map, and on all other persons having any
interest or lien in or upon any of said lots or parcels notifying
such owners, and other interested persons, respectively, of the
purpose of the City Council to create and establish said park,
and of its intention to take and appropriate therefor all the
lands included within the limits and boundaries thereof, as
set out in such written notice, and designated on the map of
said park on file in the office of the City Recorder. Such writ-
ten notice when served on the individual owner or owners of
any of said, several lots or parcels of land shall contain the de-
scription of the particular lot or parcel of land owned by him
or them respectively, and shall further notify such owner or
owners that the City 'Council desires to acquire said land for
the said park either by gift, purchase or other method provided
by statute, and that at the next meeting of the City Council
occurring after ten days from the date of the service of such
notice, proposals, either verbal or in writing, for the grant or
sale of said land to the City of Dubuque will be received, and
considered. Such notice shall be signed by the City Recorder
with the seal of the City attached, and served by the City Mar-
shal or other person delegated by him for that purpose, and
the proof of such service filed and preserved in the office of the
City Recorder. If any owner of, or other person interested in
any lot or parcel of land included within the limits of the pro-
posed park, shall be unknown, or a non-resident of the City of
Dubuque with no authorized agent therein, or whenever for any
reason personal service on said owner or other interested per-
son cannot . be obtained, the City Recorder shall cause such
notice to be published in the official paper of the City for the
space of ten days, which publication when completed shall be
deemed equivalent to personal service.
Sec. 3. That if, at the session of the City Council specified
in the notice provided for in the last preceding Section, the
owner or owners of any of the lots or parcels of real estate
necessary to be taken for said park, shall neglect or refuse to
present any proposition for granting or selling said real estate
to the City of Dubuque for said purpose, or if such owner and
the City Council cannot agree upon the compensation to be paid
for said real estate, the City Council may, through the Mayor
SPECIAL ORDINANCES. 341
and the City Recorder, make written application to the Sheriff
of Dubuque County for the appointment of six freeholders of
said Chapter Four of Titlethe T
entions of theequired Code ofythe Iowa provisions
dlthe
of Ch P
bqualification of being freeholders of the City of Du-
buque to
to inspect said real estate and assess the damages which
said owners will sustain by the taking of his land for said park,
the measure of which damages shall be the fair value of the
real estate taken ; and if the City of Dubuque, at any time be-
fore it enters upon said real estate the
Sheriff,upurpose
0fr estabhe uslish-
ing and improving said park, pay to
theshe , it , the sumo ° possession of such assessed, and r realned to esstate him as afore -
and dedicate
said, it may P
pod use the same the Sheriff r Park shall be the commissionersoses. The ltor appraise
thend by
the value of all real estate taken for the proposed park, and
to assess the damages for the taking of the same to all the
owners thereof, except in cases where any of such real estate
may be granted to the City of Dubuque by the owner, or the
amount of the compensation to be paid to the owner shall be
agreed upon by such owner and the City Council. And said
City Council, or the owner of any parcel of land within the
limits of the proposed park may at any time after the appoint-
ment of said commissioners have the said real estate appraised
and the damages assessed in the manner prescribed by the pro-
visions of said Chapter Four of Title Ten of the Code of Iowa,
by giving the other party ten days' notice thereof in writing, if
a resident of this State, specifying the day and hour when the
commissioners will view the premises, which shall be served in
the same manner as original notices.
Sec. 4. If the owner of the land is a non-resident of the
State of Iowa, no demand of the land for the proposed park
shall be necessary, except the publication of a notice which
shall conform as far as applicable to the requirements of Sec-
tion 2002 of the code of Iowa. Such notice shall be signed by
the City Recorder and published in the official newspaper of the
city for at least eight weeks prior to the day fixed for the ap-
praisement at the instance of the City Council.
Sec. 5. At the time fixed by either of the aforesaid notices
the appraisement of the lands described may be made and re-
turned to the Sheriff ; but the appraisement and return may be
in parcels larger than forty acres, belonging to one person
or persons, and lying in one tract, unless the City Council or
its agent or attorney, or the commisioners have actual knowl-
edge that the tract does not belong wholly to the person or
persons in whose name it appears or record ; in which case the
appraisement shall be made of the different portions as they
are known to be owned.
342 SPECIAL ORDINANCES.
Sec. 6. The report of the commissioners, when the same
has not been appealed from, and the amount of damages as-
sessed and costs, has been deposited with the Sheriff, or, if an
appeal is taken, and the amount of damages assessed .on the
trial thereof has been paid to the Sheriff, may be recorded in
the records of deeds of Dubuque County, and such record shall
be presumptive evidence of title in the City of Dubuque, of the
land so taken, and shall constitute constructive notice of the
rights of said. city therein.
Sec. 7. Either party may appeal from such appraisement
to the district court within thirty days after the assessment is
made, by complying with the requirements of Section zoo) of
the Code of Iowa ; but such appeal shall not delay the city in
entering upon and taking possession of the property, if it
shall deposit with the Sheriff the amount assessed.
Sec. 8. All proceedings connected with the appeal, and
the trial thereof, and all steps taken for the acquirement of
real estate for parks, and the condemnation of land therefor,
shall be had in strict conformity to the provisions of Section
999-1oo2, and Chapter 4 of Title io of the Code so far as the
same are applicable.
Sec. 9. Payments by the City Council as compensation for
lands purchased by the City of Dubuque for parks or taken by
proceedings for condemnation of the same for such purpose, in
the manner provided in this Ordinance, shall be made by war-
rants drawn on the general or grading fund, or on the park
fund if such fund shall be created. But nothing in this Sec-
tion shall be construed to prevent the City Council from making
compensation for lands purchased, or taken by condemnation
proceedingsfi for parkpurposes, by any other. methor not in
contravention of the statute.
Sec. io. All lands acquired by the City of Dubuque for
public parks, by any of the methods provided in this Ordinance,
are hereby dedicated to the use and benefit of the public and the
inhabitants of the City of Dubuque forever for park purposes
and shall be forever inalienable.
Sec. I. This Ordinance shall,be published one time in the
Dubuque Daily Telegraph newspaper and shall take effect and
be in force from and after such publication.
Passed by the City Council of the City of Dubuque, Feb-
ruary 15, 1900.
Approved February 16, 1900.
Attest : C. H. BERG.
L. M. LANGSTAFF, Mayor.
City Recorder.
Published in the Dubuque Daily Telegraph February 17,
1900.
SPECIAL ORDINANCES. 343
CHAPTER LXXIV.
AN ORDINANCE granting to the Eleventh Street. Elevator
Co. the right to maintain and operate the Eleventh street
elevator by electricity, by amending the ordinance here-
tofore existing in favor of said company, being an ordi-
nance entitled "An Ordinance granting to the Eleventh
Street Elevator Co. the right to construct and maintain a
street railway along Eleventh street in the City of Du
buque from the west side of Bluff street to Highland
Place, and to regulate the operation of the same."
Be it Ordained by the City Council of the City of Dubuque:
Section 1. That the Ordinance entitled "An Ordinance
granting to the Eleventh Street Elevator Co. the right to con-
struct and maintain a street railway along Eleventh street, in
the City of Dubuque, Iowa, from the west side of Bluff street
to Highland Place, and to regulate the operation of the same,"
is hereby amended by striking out Section 3 of said ordinance
and inserting in lieu thereof the following : " Sec. 3. The
said street railway shall be operated by means of electricity
or any other new or modern improvement or invention which
may be made, approved by the City Council, and that the
waiting rooms, platforms and cars shall, at all times, be kept
in a neat and orderly condition."
Sec. 2. This ordinance shall take effect and be in force
from and after its publication one time in the Dubuque Daily
Telegraph newspaper.
Adopted by the City Council of th.e City of Dubuque, Jan-
uary 18, 190o.
Approved January 19, 190o.
C. H. BERG,
Attest: Mayor.
L. M. LANGSTAFF,
City Recorder.
Published i.n the Dubuque
Feb. 1, 1900. ,
Daily Telegraph, newspaper,
L. M. LANGSTAFF,
City- Recorder.
1, L. M. Langstaff, City Recorder of the
City of Dubuque, lowa, do certify that the Or-
dinances, Resolutions and Rules contained in the
foregoing book, denominated and entitled "Revised
Ordinances of 1901, of the City of Dubuque," are
correct copies of the originals which were duly
passed, adopted and approved, and now of record
in my office, and all of the Ordinances, Resolutions
and Rules contained in said book are correct copies
from said records, and said Ordinances were re-
vised and said book is published under the reso-
lution order, and by direction of the City Council
of said City authorizing and directing the revision
and publication of the Ordinances of said City in
book form.
Dated, signed, andiook published, this 10th
day of August, 1901.
City Record <r of the
y of Dubuque.
CHARTER OF THE CITY
AND
SECTIONS OF THE CODE OF IOWA
OF 1897
APPLICABLE TO CITIES
ACTING UNDER SPECIAL CHARTERS
CITY CHARTER.
N ACT for revising and consolidating the laws incorporating
the City of Dubuque.
Section I. Be it enacted by the General Assembly of the
State of Iowa, that all that part of the County of Dubuque, in
the State of Iowa, included within the following boundaries, to -
wit: Beginning at a point in the middle of the main channel
of the Mississippi River, in the south line continued of Section
Thirty-one, in Township Eighty-nine, north of Range Three
east of the Fifth Principal Meridian; thence west along the
south line of said Section continued, and along the south line
of Sections Thirty-five and Thirty-six in the same Township,
of Range Two east of the Fifth Principal Meridian, to the west
line of said Section Thirty-five ; thence north along the west
line of Sections Thirty-five,. Twenty-six and Fourteen, to
the north line of said Section Fourteen ; thence east along the
north line of said Section Fourteen and Thirteen to the
range line between Townships Two and Three east of said
meridian ; thence north on the last mentioned range line to its
intersection with the north line of Section Seven in the same
township of Range Three east of said meridian; thence east
along the north line of Section Seven and along said line con-
tinued to the main channel of the Mississippi River thence
down the middle of the main channel of the Mississippi to
the place of beginning, shall be, and is hereby declared to be
a city, and the inhabitants thereof are created a body corporate
and politic; with perpetual succession, under the name and style
of the City of Dubuque, and as such, and by that name, shall be
capable in law of contracting and being contracted with, of
suing and being sued, pleading and being impleaded, answering
and being answered unto, in all courts and places, in all mat-
ters whatsoever ; and also of purchasing, using, occu-
pying, enjoying and conveying real, personal and .mixed
estate, and may have and use a corporate seal, . and
may change, _ alter .and renew the same at pleasure,
and shallbe competent to have, exercise and enjoy
all the rights, immunities, powers and privileges, and
be subject to all the duties and obligations incumbent upon and.
appertaining to a municipal corporation.
Sec. 2. The right and power to exercise the corporate
powers hereby and herein granted, and the administration of
the fiscal, prudential and municipal affairs of said city, with the
conduct, direction and government thereof, shall be vested in a
4 CHARTER OF CITY OF DUBUQUE.
Mayor and Aldermen, to be denominated the City Council,
neither of whom, while holding their respective offices, shall
hold any other under the city government ; and in a Recorder,
Auditor, Treasurer, Marshal and City Attorney, and such other
officers as are herein mentioned, as the City Council, for the
better fulfillment and administration of the corporate duties
and powers herein granted, may by Ordinance create and
establish.
Sec. 3. The Mayor, Aldermen, Recorder, Treasurer,
Auditor and City Attorney, shall be elected at the annual elec-
tion, by the qualified voters of said city, as hereinafter provided
and the said Recorder, Treasurer, Auditor, and City Attorney,
shall hold their offices, respectively, for the term of one year
from the date of their election, and until their successors are
elected and qualified. Such other officers as the City Council
may by Ordinance provide for, shall be either elected by the
people or appointed by the City Council, as such Ordinance
may determine ; if elected by the people, they hold their offices
for the term of one year, and until their successors are qualified,
if appointed by the City Council, they shall hold their offices
for such time as shall be fixed by Ordinance, not longer than
one year, or at the pleasure of the Council. All city officers,
before entering on the duties of their respective offices, shall
take an oath or affirmation to support the constitution of the
United States and of the State of Iowa, and faithfully and Im-
partially to perform the duties of the offices to which they may
be elected or appointed, and, when required by the Council,
shall, except the City Judge, give bonds in such sums and with
such sureties as the Council may determine and approve, for
the faithful performance of all the duties appertaining to their
respective offices. All elective officers shall be citizens of the
State of Iowa, and qualified voters in said city.
Sec. 4. The annual election for city officers shall take
place on the first Monday of April in each year. Polls shall
be opened in each ward under the direction of judges of election,
and a clerk to be appointed by the City Council. It shall be
the duty of the Mayor, at least ten days previous to each
election, to issue his proclamation setting forth the time and
place at which the polls shall be opened, which shall be pub-
lished in the official papers of the city. The rules prescribed
by law for the regulation of township elections, shall govern
as far as applicable, the election of city officers, and returns
within two days shall be made out in the same manner as by the
township trustees, and delivered in a sealed envelope to the
Mayor, who shall within one week from the day of election,
at a regular meeting of the City Council, or at a special meet-
ing to be called for that purpose,. open the returns in the
CHARTER OF CITY OF DUBUQUE. 5
presence -of the Council, and the Council, upon examination
and comparison of the returns, shall judge and decide the result,
and these proceedings shall be entered upon the record by the
Recorder in his minutes of the proceedings of said Council of
that meeting. Every person qualified to vote for state or
county officers in the County of Dubuque, and who shall have
resided in said city for the space of six months, shall be qualified
to vote at city elections in the ward where he resides. .
Sec. 5. The City of Dubuque shall be divided in such
manner as the City Council may by Ordinance determine, into
five or more wards, which may be altered or changed at the
pleasure of the said Council ; Provided, That such change shall
not affect the right of any member to hold his seat during the
time for which he is elected. Two aldermen shall be elected
from each ward who shall hold their office for the term of two
years ; and these terms shall be so arranged that one alderman
shall be elected from each ward each year. Any citizen who
is a qualified voter in said city may be elected alderman from
the ward in which he resides, and a removal of his residence
from such ward shall be deemed a vacation of his office. No
member of the City Council shall be directly or indirectly in-
terested in the profits of any contract or job for the city, and
to become so interested, or being so interested when elected,
shall be deemed a vacation of said office. Neither shall any
alderman vote in said Council upon any question in which he
is directly or indirectly interested.
Sec. 6. The City Council shall have power to judge as
to the qualification of its members, and to establish rules and
regulations for the government of its proceedings ; and to pre-
scribe the times and places at which the meetings of the, Coun-
cil shall be held; and to make all Ordinances necessary and
proper for carrying into effect the powers herein granted, and
to enforce obedience to such Ordinance by fine not exceeding
one hundred dollars, or by imprisonment not exceeding thirty
days, or by such fine and imprisonment..
Sec. 7. The City Council shall have power, and it is here-
by made their duty.
First —To fill all vacancies which may occur among the
officers of said city, by appointment, the person so appointed
to hold office until the next succeeding April election, when
the vacancy shall, if an elective office, be filled by election by
the people.
Second —To establish and fix the salaries and compensa-
tion of all officers of said city, not fixed by this act.
Third —To provide all needful regulations and precautions
to protect the city and the inhabitants thereof, against injuries
19.16,
_•0•11111
CHARTER OF CITY OF DUBUQUE.
by fire, thieves, robbers, burglars, and all persons violating the
public peace.
Fourth —To provide for the suppression of riots, gambling,
and all indecent and disorderly conduct, and for the punishment
of all lewd and lascivious behavior in the streets and other
public places in said city.
Fifth —To prohibit the erection in any square or frac-
tion of a square in said city of any building or of any addition
to any building, except the entire walls thereof, shall be of
stone, or brick and mortar, and to provide for the removal of
any building erected contrary to the true intent and meaning
of said prohibition.
Sixth —To organize and establish fire companies, and pro-
vide them with engines and other apparatus, and to regulate
and prohibit the establishment of an independent fire com-
pany or companies, after the passage of this act.
Seventh —To require and compel the removal of all ob-
structions of the public streets and alleys, and the abatement
of all nuisances in said city.
Eighth —To cause all grounds or lots where water shall at
any time become stagnant or remain standing, to be raised,
filled up or drained, at the expense of the owner thereof. and
to effect this object the said Council may give notice to the
owners thereof, or their agents, or in case of non-resident
owners without known agents, notice may be given by publica-
tion in one or more of the newspapers published in said city,
to fill up, raise or drain such grounds at their own expense,
and the Council shall designate how high such grounds shall
be filled up or raised, or in what manner they shall be drained;
and in case the owners shall fail to fill up or drain such ground,
within the time designated in said notice, the City Council may
cause the same to be done at the expense of the city, and assess
the expenses thereof against said grounds, and such assess-
ment shall be placed in the hands of the City Collector, who
shall proceed to collect the same, with costs, by sale of such
grounds, in such manner and under such restrictions and regu-
lations as may be provided by Ordinance; Provided, The
owner of such grounds shall have the right to redeem within
one year after sale, by paying the purchasers the amount by
them paid with io per cent interest thereon.
Ninth —To make regulations to secure the general health
of the city, and to cause the removal of all dirt, filth, or other
nuisance, which may at any time be accumulated upon any lots
or streets or alleys in said city, at the expense of the owners
of the grounds on which it lies.
Tenth —To establish hospitals, workhouses and a city jail,
and make regulations for the government thereof.
CHARTER OF CITY OF DUBUQUE. 7
Eleventh —To prohibit hogs, cattle, horses and all other
animals from running at large.in the streets, alleys and public
places in said city.
Twelfth —To establish a day and night police, and punish
resistance to them or any other city officers in the discharge of
their duties.
Thirteenth —To open, alter, extend, widen, establish and
vacate, and to grade, pave and otherwise improve, clean and
keep in repair the sidewalks, streets, alleys wharves, docks,
landings, and other public grounds of said city.
Fourteenth —To establish, erect and keep in repair,
bridges, culverts and sewers, and regulate the use of the same ;
to establish, alter and change the channel or water courses, and
to wall them up and cover them over.
Fifteenth —To erect market houses, establish market
places, and provide for the regulation and government thereof.
Sixteenth —To provide for all needful buildings for the
use of the city, and for enclosing, improving and protecting
all public grounds belonging to the city.
_Seventeenth —To regulate the use of wharves and public
landings, fix the rate of wharfage and regulate the stationary
anchorage and mooring of all boats and rafts within the city.
Eighteenth —To license, tax and regulate auctioneers,
peddlers and traveling merchants, grocers, merchants, retailers,
hotel keepers, and keepers of livery stables, of eating houses,
boarding houses, saloons and places of amusement, and bank-
ers, dealers in money, warrants, notes and other evidences of
indebtedness, and works of all kinds.
Nineteenth —To license, tax and regulate hackney carri-
ages, omnibuses, wagons, carts, drays, and all other vehicles,
and porters, and fix the rates to be charged for the carriage
of persons, and for the wagonage, cartage, drayage or porter-
age of property.
Twentieth —To license, tax, regulate and suppress theat-
rical and other exhibitions, shows and amusements, and billiard
tables, ten pin alleys, and to suppress gambling houses, and
bawdy houses, and houses of prostitution also to tax and de-
stroy dogs, to regulate the weights and measures to be used in
said city; to provide for the inspection and measuring of wood,
lumber and oils, and for the inspection and weighing of coal
and hay, and to provide for and regulate the inspection of
beef, pork, flour, butter, lard and other provisions, and to
regulate the vending of meat, poultry, vegetables and other
provisions.
Twenty -first —To establish regulations respecting char-
acter and size of the foundation and other walls of buildings
8
CHARTER OF CITY OF DUBUQUE.
in said city, and to enforce the same by the removal of buildings
erected in violation of such regulations at the expense of the
owner or lessee of the lots upon which they are situated.
Twenty -second --To purchase land or other property for
the use of the city, and to dispose of all personal property
of the city at the pleasure of the Council, and of the real estate
of the city, when authorized so to do by the majority of the
legal voters ; and the Council may by Ordinance provide for
submitting the question of the sale of the real estate, or anv
part thereof, to the voters of said city, in such manner and at
such times as it may deem expedient.
Twenty -third —To collect taxes to defray the current ex-
penditures and pay the debts of the city; Provided, That the
tax for any one year shall not exceed one per cent upon the
assessed value of all property taxed.
Twenty -fourth —To provide for the assessment of all tax-
able property in said city, with reference to taxation for city
purposes. Appeal shall lie from the assessment of any officer
appointed by the City Council to assess property, to the City
Council, whose adjudication shall be final.
Twenty -fifth —To audit all claims against the city, and
order the payment of such as shall be allowed.
Twenty -sixth —The City Council shall have the exclusive
right to license and regulate ferries, and to establish the rates
of ferriage between Dubuque and the opposite bank of the Mis-
sissippi River.
Twenty -seventh —To make all such Ordinances as to them
shall seem necessary to provide for the safety, preserve the
health, promote the prosperity, and improve the morals, order,
comfort and convenience of said city and the inhabitants there-
of.
Sec. 8. The Ordinances passed by the City Council shall
take effect from and after the date of their publication in such
newspaper of the City of Dubuque as the Council shall desig-
nate, the date of which publication shall be noted by the Re-
corder in his record of the Ordinances, and such record shall
be evidence of the time and fact of such publication; Provided,
That the City Council may authorize the revision and publica-
tion of the Ordinances in book or pamphlet form, in which case
such revised Ordinances shall take effect from and after the
date of such publication ; and such book or pamphlet shall con-
tain the resolution of the City Council authorizing its publica-
tion, and a certificate of the City Recorder that the Ordinances
and Resolutions therein contained are correct copies from the
records in his office, and shall then be received without further
proof, as presumptive evidence of such Ordinances and Reso-
lutions ; And, provided, further, That the City Council may
CHARTER OF CITY OF DUBUQUE. 9
provide for the taking effect of any Ordinance not before a
day certain therein specified. All Ordinances passed by the
City Council shall be signed by the Mayor and attested by
the Recorder, and shall be recorded in books kept for that pur-
pose.
Sec. 9. All orders of the City Council for the payment
of money shall be signed by the Mayor and attested by the
Recorder and countersigned by the City Auditor.
Sec. to. All fines and forfeitures collected for violations
of City Ordinances shall be paid into the Treasury and the
Mayor shall see that the same is done without unnecessary
delay.
Sec. H. The Mayor is the executive officer of the city,
and it is his duty to be vigilant and active at all times in caus-
ing the Ordinances and regulations of the city to be put in
force and duly executed, and shall take care that all officers
under the city government comply with the law and Ordinances
and Resolutions of. the Council; he is ex-officio president of
the City Council, but shall have no vote therein except a cast-
ing vote when there is a tie. The City Council shall elect a
Mayor pro tempore, who, in case of the absence or inability of
the Mayor, shall discharge all,the duties and possess all the
powers that belong to the Mayor.
Sec. 12. The Recorder shall be Secretary of the City
Council and shall keep a full record of the proceedings ; he shall
have the custody of all the records, books and papers of the
city, and of the city seal, and shall discharge such other duties
as may be devolved upon him by law or Ordinance, and shall
keep his office at such place as the City Council shall provide
and designate.
Sec. 13. The City Auditor shall keep, in proper books
provided for that purpose, a full and fair exhibit of the finances
of the city, its revenues, expenditures, indebtedness and credits.
He shall countersign all orders 'on the treasury drawn for
money appropriated by the City Council, when signed by the
Mayor and attested by the Recorder, and shall perform such
other duties as the Council may by Ordinance or Resolution
require.
Sec. 14. It shall be the duty of. the City Marshal to at-
tend the meetings of the City Council, to execute its orders,
to arrest and bring before the proper court, with or without
warrant, all whom he shall find in the actual violation of any
Ordinance, and to perform such other duties as may be de-
volved upon him .by law or Ordinance. The City Council may
by Ordinance authorize the Marshal to appoint deputy mar-
shals.
10 CHARTER OF CITY OF DUBUQUE.
Sec. 15. It shall be the duty of the City Treasurer to take
charge of and keep the funds and moneys of the city; he shall
keep the same in separate funds, to be denominated the "gen-
eral fund" and the "road fund," and shall pay out money only
upon orders from the City Council, signed by the Mayor and
attested by the Recorder, and countersigned by the Auditor,
which orders shall specify the fund drawn upon. He shall keep
an account with each fund, and shall from time to time report
his receipts and expenditures, as required by the City Council.
Sec. 16. It shall be the duty of the City Attorney to ap-
pear for the city in the city court and all other courts ; to take
charge of the legal business of the city; to give his written
opinion whenever called upon by the City Council; to give legal
advice to all officers of the city, and to perform such other
duties as may be devolved upon him by law or Ordinance.
Sec. 17. The City of Dubuque is authorized to borrow
money upon the credit of the city, and to issue the bonds of
the city; Provided, That the proposition to borrow money
shall first pass the City Council, and shall then, under pro-
clamation by the Mayor, be submitted to the vote of the people,
which proclamation shall state the amount of money to be
borrowed, and the purpose for which the money is to be bor-
rowed ; and in case the proposition is adopted by a vote of
two-thirds of the qualified electors of said city, the City Council
may at any time thereafter, within the space of one year,
authorize the borrowing of the money, and the issuing of the
bonds.
Sec. 18. The City of Dubuque is constituted a special
road district, and the care and supervision of the highways in
said city is devolved upon the City Council, and the City Coun-
cil is authorized, in addition to the taxes otherwise authorized,
to levy a special road tax, which shall not exceed the limits
fixed by law of the road tax to be assessed by the County
Board of Supervisors. No county or township officer having
the care or supervision of roads, is required to expend labor
upon the highways in the City of Dubuque, but the duties and
responsibilities imposed by law upon such officers shall, as to
the streets and highways in said city, devolve upon the City
Council.
Sec. 19. The City Council shall have power to open,
widen or extend any street or alley in said city, and under such
regulations as may by Ordinance be prescribed, may cause a
jury to be summoned, who shall apportion and assess the dam-
ages and benefits which any person may sustain by reason
thereof, upon the lots or lands adjoining, or in the immediate
vicinity, which may be benefitted thereby ; and such apportion -
CHARTER OF CITY OF DUBUQUE. 11
ment and assessment shall be, returned to the City Council,
and shall be collected and paid into the city treasury. Notice
must be given to all persons whose property is appropriated,
in writing or by publication, or they will not be bound by the
proceedings. The damages assessed to any persons constitute
a valid claim on the part of such person against the city, and
may be sued for and collected as any other claim. The date
at which any property shall be considered as appropriated,
shall be at the time of the passage of a resolution by the City
Council, ordering the laying out and establishment of the street,
and the jury shall be summoned to assess the damages at least
within one month thereafter, and their apportionment shall not
be subject to be quashed by the City Council, but may be re-
turned to the same jury for the correction of any irregularities
or informalities.
Sec. 20. The Marshal shall notify the owners of all lots
and grounds against which any sum shall be apportioned, to
pay the same within thirty days. In -cases where neither such
owners nor any agents shall be residents of the City of Du-
buque, or are unknown, notice may be given by publication in
any newspaper in said city for two weeks. If default of pay-
ment shall be made, the Recorder shall deliver to the collector
of taxes for the city a statement of the same, and he shall pro-
ceed to collect the same by sale of the property as may be pre-
scribed by Ordinance.
Sec. 21. The city may levy a special tax on any lot or
lots, or the owners thereof, on any alley, street or highway, or
any part thereof, for the purpose of grading, paving or macad-
amizing the same, or for the purpose of grading, paving or
curbing the sidewalks, and may collect the same under such
regulations as may be prescribed by Ordinance.
Sec. 22. The city may appropriate lands for the purpose
of using the same for jails, workhouses, markets and other
public b'uildings, and to provide for supplying the city with
water by constructing acqueducts, reservoirs, and other con-
veniences, and compensation therefor to be ascertained as
provided by law.
Sec. 23. No addition to the City of Dubuque shall be
lawful unless it is first submitted to the City Council for their
approval, who shall have exclusive authority to provide for
and regulate the width of streets and alleys in such addition ;
and when the same shall be so approved of, it shall be admitted
to record on the records of the city, and shall thereafter become
a lawful addition thereto ; Provided, That the owner or owners
of the land included in said addition shall furnish, for the use
of the city, a correct map of the same for public reference;
12 CHARTER OF CITY OF DUBUQUE.
and the provisions of the statutes of Iowa shall also be complied
with in all such cases, so far as the same are applicable and not
inconsistent with this act.
Sec. 24. Actions for the violation of city Ordinances shall
be brought in the name of the State of Iowa, for the use of the
City of Dubuque. The proceedings shall be by information
sworn to, which shall be filed with any justice of the peace
having his office within said city, whereupon said justice of the
peace shall issue a warrant for the apprehension of the ac-
cused. But the City Council may by Ordinance provide that
certain designated officers may arrest any person actually found
violating any Ordinance, and commit them for trial without
warrant ; the trial shall be in a summary manner, and without
the intervention of a jury, unless demanded by the defendant.
Sec. 25` The City of Dubuque shall be and hereby is
invested as the lawful owner and. proprietor, with all the real,
personal and mixed estates, and all the rights and privileges
thereof, together with all the property, funds and revenues,
and all the moneys, debts, accounts and demands due and
owing, or in any wise belonging to the City of Dubuque, under
any previous act of incorporation, and all rights, interests.
claims and demands against or in favor of said city, may be
continued, prosecuted, defended and collected in the same
manner as though this act had never been passed.
Sec. 26. The City Council shall provide by Ordinance for
the mode in which charges may be preferred against any officer
under the city government, and for the hearing of the same, and
they may remove any city officer from office, as provided in
the next Section.
Sec. 27. Any member of the City Council may be ex-
pelled or removed from office by a vote of two-thirds of all
the aldermen elected; but not a second time for the same
offence; and any officer under the city government, appointed
by the City Council, may be removed from office by a vote
of a majority of all the aldermen elected; but it shall require
a vote of two-thirds of all the aldermen elected to said Council
to remove any officer elected by the voters of the city, or of
any ward or distri :c.
Sec. 28. The City Council are authorized to levy in each
year a special tax, to pay the interest on such loans as are
authorized by the Seventeenth Section of this act.
Sec. 29. The Aldermen of the City of Dubuque and all
other officers now elected, shall hold and exercise their offices
for and during the term for which they are chosen.
Sec. 3o. All acts and parts of acts heretofore passed rela-
tive to the incorporation of said City of Dubuque shall be,
CHARTER OF CITY OF DUBUQUE. 13
and the same are hereby repealed, as far as the same come
within the purview of this act. All Ordinances passed under
prior acts of incorporation of said city, and heretofore in force,
not inconsistent with the provisions of this act, shall continue
in force until altered or repealed, and shall be deemed in compli-
ance with the requirements of this act as far as applicable.
Sec. 31. This act shall be taken and viewed in all courts
as a public act.
Sec. 32. This act shall be submitted for the approval of
the electors of the City of Dubuque at an election to be held on
the first Monday in March, A. D. 1857 ; but prior to said elec-
tion the whole act shall be published in the Northwest, the
Tribune, the Express and Herald, the National Demokrat, the
Republican and Staats Zeitung newspapers, at the expense of
said city. The tickets which shall be polled at such election shall
contin either the words, "For the amended charter," or
"Against the Amended Charter." And if a majority of all the
legal votes at such election shall be in favor of the amended
charter, then this act shall be in force from and after its pub-
lication in the Northwest and Express and Herald newspapers,
without expense to the State. If a majority of such electors
shall vote ..gainst the amended charter, then this act shall not
be in force after the next session of the General Assembly of
the State of Iowa.
Approved January 28, 1857.
I hereby certify that the foregoing was published in the
Northwest February 24, 1857.
ELIJAH SELLS,
Secretary of State.
SECTIONS OF THE CODE OF 1897
AS AMENDED BY
The 27th and 28th General Assemblies,
APPLICABLE TO
Cities Under Special Charters.
Sec.933 GENERAL PROVISIONS NOT APPLIC-,
ABLE. —The provisions of this Chapter shall apply only to
cities acting under special charter, - and no provision of this
Code, nor laws hereafter enacted, relating to the powers, duties,
liabilities or obligations of cities or towns, shall in any manner
affect or be construed to affect, cities while acting under
special charter, unless the same have special reference, or are
made applicable to such cities.
Sec. 934. POWERS. —Any city organized under special
charter shall have and exercise, in addition to the provisions of
such special charter, the rights, powers and privileges contained
in this chapter.
Sec. 935. EXTENSION OF BOUNDARY —SEVER-
ANCE OF TERRITORY. —All the provisions of Chapter One
of this Title in relation to the extension of the boundaries of
cities or towns, the annexation of territory thereto, the sever-
ance of territory therefrom, are made applicable to cities acting
under special charter.
Sec. 936. ELECTIONS.—A11 elections held in such cities
shall be governed by the general election 1,aw.
Sec. 937. COUNCIL. —In any such city having a popula-
tion of twenty thousand or more, as shown by the last state
or national census, the Council shall consist of a Mayor, two
Aldermen -at -Large, and one Alderman from each ward. At
the first annual city election after the taking effect of this Code,
there shall be elected two Aldermen -at -Large, and one Alder-
man from each ward. Thereafter the successors of such Alder-
men shall be chosen biennially. The Aldermen in office at the
time of taking effect of this code shall continue in office only
until the election and qualification of the Aldermen herein pro-
vided for.
16 LAWS OF IOWA.
Sec. 938. MARSHAL —POLICE. —Cities under • special
charter shall have power to provide by Ordinance for the ap-
pointment of a Marshal by the Mayor, or for his election by
the electors thereof, or may dispense with such officer, and con-
fer his duties upon any other officer. All policemen shall be
appointed and may be removed by the Mayor.
Sec. 939. ASSESSORS. —They shall provide by ordinance
for the election of one or more assessors, who shall discharge
the duties usually performed by township assessors, so far as
applicable, and such as may be required by Ordinance.
Sec. 94o. OTHER OFFICERS ELECTED —TERMS. —
They may provide by ordinance for the election, by the electors,
of a Marshal, Recorder or Clerk, Treasurer, Collector, Auditor,
Attorney and Engineer; and all elective officers hereafter elect-
ed shall hold office for the term of two years, and until their
successors are elected and qualified, and, when appointed, for
such time as may be fixed by ordinance, not exceeding two
years.
Sec. 941. ESTIMATES. —Each officer, board or committee
shall file in the office of the Clerk or Recorder, thirty days
before the beginning of each fiscal year, a detailed statement of
the necessary labor, supplies and materials, and the work to be
done by or through his or their department during the next
fiscal year, and the estimated cost thereof.
Sec. 942. APPROPRIATIONS. —The Council shall make
appropriation for all the different expenditures for each fiscal
year at or before the beginning thereof ; and it shall be unlaw-
ful to issue any warrant, or to enter into any contract or ap-
propriate any money, in excess of the amount thus appropri-
ated, for the different expenses of the city, during the year
for which said appropriations shall be made. It shall not ap-
propriate, in the aggregate, an amount in excess of its annual
legally authorized revenue, but nothing herein shall prevent
such cities from anticipating their revenue for the year for
which such appropriations are made, or from' bonding or re-
funding their outstanding indebtedness.
Sec. 943. COMPENSATION OF ALDERMEN —NOT
TO BE INTERESTED. —Aldermen shall be paid an
amount prescribed by ordinance, not in excess of three hundred
dollars per annum, which shall be in full compensation for all
services connected with their official duties. No member of the
Council shall, during the time for which he has been elected, or
for one year thereafter, be appointed to any municipal office
which shall be created, or the emoluments of which shall be in-
creased, during the term for which he was elected, nor shall he
be interested directly or indirectly in any contract for work or
service to be performed for the corporation.
LAWS OF IOWA. 17
Sec. 944. NO CHANGE OF COMPENSATION. —The
emoluments of any officer shall not be increased or diminished
during term for which he shall have been elected or appointed,
nor shall any change of compensation affect any officer during
his existing term, unless the office be abolished; and no person
who shall have resigned or vacated any office shall be eligible
to the same during the time for which he was elected or ap-
pointed, when, during the same time, the emoluments have
been increased.
Sec. 945. COMPENSATION OF MAYOR. —The Mayor
shall receive such salary as may be provided by ordinance, not
exceeding one thousand five hundred dollars per annum, and in
addition he shall receive for holding a mayor's or police court,
or discharging the duties of a justice of the peace, the compen-
sation allowed by law for similar services by such officers, to
be paid in the same manner; which amount shall be in full
compensation of all such services.
Sec. 946. COMPENSATION OF OFFICERS. —Police
Judges, Magistrates, Marshals and Police Officers, in criminal
case under the Ordinances, shall receive the fees allowed for
similar services in criminal cases under the state law, payable
out of the City Treasury ; and for criminal cases under the state
law they shall be paid the same fees that Justices and Con-
stables receive under the state law, and payable from the
County Treasury. When such officers are paid a salary, the
same shall be in lieu of all fees, and such fees, when collected,
shall be paid into the City Treasury. They shall make, under
oath, a monthly report of such fees to the Council.
Sec. 947. ORDINANCES —FINES. —Such cities shall
have power to make and publish, from time to time, ordinances,
not inconsistent with laws of the state, for carrying into effect
or discharging the powers and duties conferred by this chapter,
and the charters thereof, and such as are necessary and proper
to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort and con-
venience of such cities and the inhabitants thereof ; and to en-
force obedience to such ordinances by a fine not exceeding one
hundred dollars or by imprisonment not exceeding thirty days.
Sec. 948. PROSECUTIONS. —In any prosecution or pro-
ceeding for the violation of any ordinance, the defendant shall
not be entitled to a trial by jury, or to a change of venue, except
on appeal, but shall be tried by the court or magistrate before
whom the action is commenced.
Sec. 949. COMMITMENT FOR FINES —EXECU-
TION. Whenever a fine and costs imposed for violation of any
ordinance are not paid, the person convicted may he committed
18
LAWS OF IOWA.
at hard labor until the fine and costs are paid, not to exceed
thirty days, and, in addition thereto, such fine and costs may be
collected by the issuance of an execution on such judgment
against any property of defendant, which exeeution shall have
the same force and effect and be executed in the same manner
as provided by law for the collection of judgments in civil suits
by execution; and transcripts of such judgments may be filed in
the district court of the proper county as in civil cases ; and with
the same force and effect, and execution may be issued thereon
from such court.
Sec. 95o. LIMITATION OF PROSECUTIONS. —All
suits for the recovery of fines, and prosecutions for the commis-
sion of offenses made punishable as herein provided, shall be
barred in one year after the commission of the offense for which
the fine is sought to be recovered or the prosecution is corn-
rnenced.
Sec. 951. PUBLICATION OF ORDINANCES. —The
Council may authorize the revision and publication,, in book or
pamphlet form, of all ordinances, and such publication shall be
a sufficient publication, and they shall be in force from and after
such publication.
Sec. 685. SIGNING BY MAYOR —VETO —PASSING
OVER VETO. —The Mayor shall sign every ordinance or reso-
lution passed by the Council before the same shall be in force,
and, if he refuses to sign any such ordinance or resolution, he
shall call a meeting of the Council within fourteen days there-
after, and return the same, with his reasons therefor.
If he fails to call the meeting within the time fixed
above, or fail§ to return the ordinance or resolution,
with his reasons, as herein required, such ordinance or
resolution shall become operative without such signature,
and the Clerk shall record it in the Ordinance Book, with a
minute of the facts, making it operative. Upon the return of
^
any such ordinance or resolution by the Mayor to the Council,
it may pass the same over his objections, upon call of the
yeas and nays, by not less than a two-thirds vote of the Coun-
cil, and the Clerk shall certify on said ordinance or resolution
that the same was passed by a two-thirds vote of the Council,
and sign it officially as Clerk.
Sec. 686. RECORDING —PUBLISHING —All ordinances
shall, as soon as may be after their passage, be recorded in book
kept for that purpose, and be authenticated by the signature
of the presiding officer of the council and the Clerk ; and all
ordinances of a general or permanent nature, and those im-
posing any fine, penalty or forfeiture, shall be published in
some newspaper of general circulation in the city or town; and
it shall be sufficient defense to any suit or prosecution for such
LAWS OF IOWA.
19
fine, penalty or forfeiture to show that no publication was made ;
but if no such newspaper is published within the limits of the
corporation, then such ordinances may be published by posting
up copies thereof in three public places within the limits there-
of, two of which places shall be the postoffice and the Mayor's
office of such city or town. When the ordinance is published
in a newspaper, it shall take effect from and after its publica-
tion; when published by posting, it shall take effect five days
thereafter. Immediately following the record of every ordin-
ance, the Clerk shall append a certificate, stating therein the
time and manner of publication thereof, which certificate shall
be presumptive evidence of the facts therein stated.
Sec. 687. PUBLISHED ORDINANCES. —When any
city or town shall cause or has heretofore caused its
ordinances to be published in book or pamphlet form,
such book or pamphlet shall be received as evidence of
the passage and legal publication of such ordinances, as
of the dates mentioned or provided for therein, in all courts and
places, without further proof. When the ordinances are so
published, it shall not be necessary to publish them in the man-
ner provided for in the preceding section.
Sec. 693. FINES RECOVERED. —Fines and penalties
may in all cases, and in addition to any other mode provided, be
recovered by action before a Justice of the Peace or other court
of competent jurisdiction, in the name of the proper municipal
corporation, for its use. In any such action, where pleading
is necessary, it shall be sufficient to declare generally for the
amount claimed to be due in respect to the violation of the
ordinance, referring to its title and the date of its adoption or
passage, and showing, as near as may be, the facts of the
alleged violation.
Sec. 695. BODIES CORPORATE —NAME —AUTHOR-
ITY. —Cities and towns are bodies politic and corporate, under
such name and style as may be selected at time of organization,
with the authority vested in the Mayor and a common Council,
together with such officers as are in this title mentioned or may
be created under its authority, and shall have the general pow-
ers and privileges granted, and such others as are incident to
municipal corporations of like character, not inconsistent with
the statutes of the state, for the protection of their property
and inhabitants, and the preservation of peace and good order
therein, and they may sue and be sued, contract and be con-
tracted with, acquire and hold real and personal property, and
have a common seal.
Sec. 696. PREVENTION OF NUISANCE —REGULA-
TION OF SLAUGHTER HOUSES. —They shall have the
WNW
per-
20 LAWS OF IOWA.
power to prevent injury or annoyance from anything
dangerous, offensive or unhealthy, and to cause any
nuisance to be abated ; to provide for the destruction
of weeds and other noxious growths upon any of the
lots therein ; to provide for the immediate seizure and de-
struction of tainted or unsound meat or other provisions; to
establish all needful regulations as to management of packing
and slaughter houses, renderies, tallow chandeleries and soap
factories, bone factories, tanneries, and manufactories of fertil-
izers and chemicals, within the limits of such cities or towns ; to
regulate and restrain the deposit and removal of all offensive
material and substances, and the engendering of offensive odors
and sights therefrom, so as to protect the public against the
same ; to establish and regulate slaughter houses, and, in cities
having five thousand or more inhabitants, to build. and control
the same.
Sec. 697. BURIAL OF DEAD —CEMETERIES. —They
shall have power to regulate the burial of dead ; to provide with-
out the limits of the corporation, places for the interment
of the dead ; to cause any body interred contrary to such regula-
tions to be taken up and buried in accordance therewith; to
exercise over all cemeteries within their limits, and those
without their limits established by their authority, the powers
conferred upon township trustees with reference to cemeteries ;
and to authorize the establishment of crematories for the cre-
mation of the dead, within or without the limits of such corpor-
ation, and to regulate the same.
Sec. 698. FILLING' OR DRAINING LOTS -They shall
have power to cause any lot of land within their limits on which
water at any time becomes stagnant, to be filled up or drained
in such manner and within such time as may be directed by res-
olution of the Council. Service of a copy of said resolution
shall be made upon the owner of such lot, if residing in the
county where thesame is situated; otherwise publication of
such notice shall be made once each week for two consecutive
weeks in a daily or weekly newspaper published within such
city or town, or, if there be no such newspaper, then by publica-
tion of the same in a newspaper published in said county. On
the failure of such owner to comply with such directions within
the time fixed, it may be done by said city or town, and the
costs and expenses thereof assessed against said lot, which
shall be a debt due to said corporation from the owner of said
lot, and shall moreover, from the time of the adoption of such
resolution, be a lien thereon as provided in case of special
assessments.
Sec. 699. DRAINAGE PRESERVED. —They shall have
power to require the owner or lessee of anylot or tract of ground
LAWS OF IOWA. 21
within their limits, extending into, across or bordering upon
any hollow or ravine wkiich constitutes a drain for surface
water, or a watercourse of any kind, who shall, by grading or
filling such lot or tract of ground, obstruct the flow of water
through such watercourse, to construct through such lot or
land a sufficient drain or passageway for water, within such
time as the Council may designate, notice of which action shall
be given as in the preceding section. Upon the failure of such
owner or lessee to construct such drain or passageway within
the time so fixed, the city or town may construct the same,
and assess the costs and expenses thereof on such lot or
tract of ground, and the same shall be a lien thereon as pro-
vided in cases of special assessment.
Sec. 700. REGULATIONS —LICENSES. —They shall
have power to regulate, license and tax hotels, restaurants and
eating houses ; to define by ordinance who shall be considered
transient merchants ; to regulate, license, 'and tax their sales
and those of auctioneers, bankrupt and dollar stores, and the
like, but the exercise of such power shall not interfere with
sales made by sheriffs, constables, coroners; marshals, execu-
tors, guardians, assignees of insolvent debtors or bankrupts, or
any other person required by law to sell real or personal prop-
erty; to regulate, license and tax peddlers, plumbers, bill post-
ers, itinerent doctors, itinerent physicians and surgeons, junk
dealers, scavengers, pawnbrokers, and persons receiving actual
possession of personal property as security for loans, without
a mortgage or bill of sale thereon.
Sec. 7oi. PAWNBROKERS —SECOND HAND
DEALERS. —They shall have power to prohibit pawnbrokers
and junk or second hand dealers purchasing or receiving from
minors any property, without the written consent of their pa-
rents or guardians, and provide for the examination of the
premises of such persons for the purpose of discovering stolen
property.
Sec. 702. BILLIARD SALOONS —GAMING. —They,
shall have power to regulate, license, tax or prohibit billiard sa-
loons, billiard tables, pool tables, and all other tables, kept for
hire ; howling alleys and shooting galleries or places ; to sup-
press, restrain or prohibit all gambling garnes or devices ; to
authorize the destruction of all instruments or devices used for
the purpose of gaming or gambling, and to punish gambling.
Sec. 703. CIRCUSES, THEATRES, SHOWS. —They
shall have power to regulate, license or prohibit circuses, men-
ageries, theatres, theatrical exhibitions, shows and exhibitions
of all kinds ; but lectures on scientific, historical or literary sub-
jects shall not come within the provisions of this section.
22 LAWS OF IOWA. LAWS OF IOWA. 23
Sec. 704. DISORDERLY HOUSES. —They shall have
power to suppress, restrain and prohibit gambling houses, dis-
orderly houses, houses of ill fame, opium or hop joints, or places
resorted to for the use of opium or hasheesh, and punish the
keepers thereof, and persons resorting thereto.
Sec. 705. DISTURBANCES —PARADES. —They shall
have power to prevent and suppress any riots, noise, disturb-
ances or disorderly assemblies, and to provide that, before any
association, company, society, order, exhibition or aggregation
of persons shall parade or march upon the streets of any city,
they shall first obtain from the Mayor of such city a permit,
when issued to be without charge, and the same shall state the
time, manner and condition of such parade or march, and to
punish any person engaged in riotous, noisy or disorderly con-
duct.
Sec. 706. ANIMALS RUNNING AT LARGE. —They
shall have power to restrain and regulate the running at large
of cattle, horses, swine, sheep and other animals or fowl, within
the limits of the corporation, and to authorize the distraining,
impounding and sale of the same for the penalty incurred and
the cost of the proceeding. -
Sec. 707. DOGS. —They shall have power to regulate,
restrain, license or prohibit the running at large of dogs within
their limits, and to require them to be kept upon the premises
of the owners thereof, unless licensed to run at large, and to
provide for the destruction thereof when found at large con-
trary to and in violation of the provisions of any ordinance or
by-laws passed pursuant to the power herein granted.
Sec. 708. AUCTION SALE OF ANIMALS. —They shall
have power to regulate, license or prohibit the sale of horses or
other domestic animals at auction in the streets, avenues, high-
ways, alleys or public places thereof.
Sec. log. NUMBERING OF BUILDINGS. —They shall
have power to require all buildings to be numbered by the own-
ers or lessees thereof, and, in case of failure, to comply with such
requirements, to cause the same to be done, and to assess the
cost thereof against the property or premises numbered.
Sec. 71o. DANGEROUS BUILDINGS —They shall have
power to provide by ordinance for repair,removal or destruction
of any building which is dangerous, or which may be liable to
fall, and to levy and collect a special tax against the property
and owner thereof for the expense thereof, as other special
taxes are levied and collected.
Sec. 711. FIRES —ELECTRIC APPARATUS —FIRE
LIMITS. —They shall have power to make regulations against
danger from accidents by fire or electrical apparatus, to estab-
lish fire limits, and to prohibit within such limits the erection
of any building or addition thereto, unless the outer walls be
made of brick, iron, stone, mortar, or other non-combustible
material, with fireproof roofs, and to provide for the removal of
any structure erected contrary to such prohibition.
Sec. 712. CHIMNEYS, MANUFACTORIES, FIRE-
WORKS, FIRE ESCAPES. —They shall have power to regu-
late and control the building, construction or erection of
chimneys, stacks, flues, fire places, hearths, stovepipes, ovens,
boilers, and all apparatus used for heating purposes,
and the use of lights in stables, shops and • other places ;
to regulate manufactories by providing against danger
from fire ; to regulate or prohibit bonfires, and the
tine of fireworks, fire -crackers, torpedoes, Roman candles,
sky rockets, and other pyrotechnic displays ; to prevent the
deposit of ashes and combustible matter in unsafe places ; to
require the construction of fire escapes to buildings, and regu-
late and control the same ; to cause all buildings, structures and
inclosures that may be in such condition as to cause danger
from falling to be fixed, or from .fire to be immediately made
safe or removed, and to provide for the collection of the costs
and expenses incurred in any of the matters provided for in this
or the preceding section, in the manner authorized for the
collection of special assessments.
Sec 713. INSPECTION OF STEAM BOILERS AND
MAGAZINES. —They shall have power to provide for the
inspection of steam boilers, and all places used for the storage
of explosives or inflammable substances or materials, and to
prescribe the necessary means and regulations to secure the
public against accidents and injuries therefrom, and to assess
the costs and expenses of such proceedings against the prop-
erty and owners thereof in the manner provided for special
assessments.
Sec. 714. KEEPING GUNPOWDER —COMBUSTI-
BLES. —They shall have power to regulate•the transportation
and keeping of gunpowder, inflammable oils or other combusti-
bles, and to provide or license magazines for storing the same,
and prohibit their location or maintenance within a given dis-
tance of the corporate limits of such cities or towns.
Sec. 715. WOOD OR LUMBER YARDS. —They shall
have power to prohibit or regulate the piling or depositing of
any kind or wood, lumber or timber upon any lot or property
within a distance of one hundred yards of any dwelling house:
Sec. 716. FIRE DEPARTMENT —They shall have pow-
er to organize, keep and maintain a fire department and fire
24 LAWS OF IOWA.
companies ; to purchase or lease necessary ground and con-
struct or lease buildings therefor; provide engines, apparatus,
and such other instruments as may be necessary ; 'pay for
services rendered by members of the fire department at anv
fire ; and cities having a population of five thousand or more
may maintain a paid fire department.
Sec. 717. MARKETS —They shall have power to •establish
and regulate markets and scales, to build market houses and
establish and regulate the same; to provide for the measuring
or weighing of merchandise offered for sale, to prevent fore-
stalling, and regulate or prohibit huckstering in the markets ;
to prescribe the kind and description of articles which may be
sold in the markets, and the stands or places to be occupied
by the venders ; to authorize the immediate arrest of any person
violating its regulations, and the seizure and removal from the
market of any article of produce in his possession. But no
charge or assessment of any kind shall be made or levied on any
wagon, or other vehicle, or the horses attached thereto, or the
owner thereof, bringing produce or provisions to any of the
markets in the city, or through the streets contiguous thereto,
for standing in or occupying a place in any of the market
spaces, or in the streets contiguous thereto, on market days and
evenings previous thereto.
Sec. 718. WHARFS, DOCKS, PIERS —They shall have
power to establish, construct and regulate landing places,
wharfs, docks, piers and basins; to use for such purposes any
public building or any property belonging to or under the con-
trol of the city, and the shore or bank of any lake or river not
the property of individuals, to the extent and in any manner
that the state can grant such use or control, and fix the rates for
landing, wharfage and dockage.
Sec. 719. FERRIES. —They shall have exclusive power
to establish, regulate and license ferries from any landing place
in such city; to impose reasonable terms and restrictions in re-
lation to the keeping thereof, the time, manner, and rates of the
carriage and transportation of persons and property thereon; to
provide for the revocation of any license and for the punish-
ment by fines and penalties of the violation of any ordinance
prohibiting unlicensed ferries, or regulating those established
and licensed.
Sec. 722. CONDEMNING LAND —They shall have the
power to condemn and appropriate so much private property
as shall be necessary for the construction and operation of said
works or plants, as provided for the condemnation of land for
city purposes ; to issue bonds for the payment of the cost of
LAWS OF IOWA. 25
establishing the same, including the cost of land condemned on
which to locate them, and to confer by ordinance the power to
appropriate and condemn private property for such purpose
upon any individual or corporation authorized to construct and
operate such works or plants. (See Section 955.)
Sec. 723. PROTECTION —For the purpose of maintaining
and protecting such works or plants from injury, and protect-
ing the water of such water works from pollution, the juris-
diction of such city or town shall extend over the territory
occupied by such works, and all reservoirs, mains, filters,
streets, trenches, pipes, drains, poles, wires, burners, machin-
ery, apparatus, and other requisites of such works or plants
used in or necessary for the construction, maintenance and
operation of the same, and over the stream or source from
which the water is taken for five miles above the point from
which it is taken.
Sec. 724. RATES, TAXES —They shall have power when
operating such works or plants, to assess from time to time, in
such manner as they shall deem equitable, upon each tenement
or other place supplied with water, gas, light or power, reason-
able rents or rates fixed by ordinance, and to levya tax, as
hereafter provided, to pay or aid in paying the expenses of
running, operating and repairing such works or plants owned
and operated by such city or town, and the interest on any
bonds issued to pay all or any part of the cost of their con-
struction.
Sec. 725. REDUCTION OF RATES AND SERVICE.
-They shall have power to require every individual or private
corporation operating suchworks or plant, subject to reason-
able rules and regulations, to furnish any person applying there-
for, along the line of its pipes, mains, wires, or other conduits,
with gas, water, light or power, and to supply said city or town
with water for fire protection, and with gas, water, light or pow-
er for other necessary public purposes, and to regulate and fix
the rent or rates of water, gas and electric light or power.
Sec. 726. BONDS —Bonds issued under the provisions of
this chapter shall mature in not more than twenty years, be
in sums of not less than one hundred nor more than one thou-
sand dollars each, and bear interest at a rate not exceeding six
per cent per annum, payable annually or semi-annually.
Sec. 727. PUBLIC LIBRARY —Cities and towns shall
have power to provide for formation and maintenance of a free
public library, open to the use of all the inhabitants, under
proper regulations, and may purchase land and erect buildings,,.
26 LAWS OF IOWA.
or hire buildings or rooms, suitable for that purpose, and pro-
vide for the compensation of the necessary employes ; may re
ceive, hold or dispose of any and all gifts, donations, devises
and bequests that may be made to them for the purpose of es-
tablishing, increasing or improving any such library ; and the
Council may apply the profits, proceeds, interest and rents
accruing therefrom in such manner as will best promote the
prosperity and utility of such library ; but no money can be ap-
propriated for such purpose until the electors of such city or
town shall, at a general or special election, have voted for the
establishment of such library.
Sec. 728. LIBRARY TRUSTEES —In any city or town in
which a free library has been established there shall be a board of
library trustees, consisting of nine members, to be appointed
by the Mayor, by and with the approval of the Council. Of
said trustees first appointed, one-third shall hold office for two,
one-third for four, and one-third for six years, from the first day
of July following their appointment ; and, at their .first meet-
ing, shall cast lots for the respective terms, reporting the result
of such lot to the Council. Biennially thereafter, before the
first day of July, the Mayor shall appoint, by and with the
approval of the Council, three trustees to succeed the trustees
retiring on the following first day of July, each of whom shall
hold office for six years from such first day of July, and until
his successor is appointed and qualified. Vacancies occurring
in the board shall be filled by appointment by the Mayor, such
appointees to fill out the unexpired term for which the appoint-
ment is made. Bona fide citizens and residents of the city or
town, male or female, over the age of twenty-one years, are
alone eligible to membership. The removal of any trustee per-
manently from the city shall render his office as trustee vacant.
Members of said board shall receive no compensation for their
services.
Sec. 729. POWERS —Said board of library trustees shall
have and exercise the following powers : To meet and organize
by the election of one of their number as president of the hoard,
and by the election of a secretary and such other officers as the
board may deem necessary ; to have charge, control and super-
vision of the public library, its appurtenances and fixtures, and
rooms containing the same, directing and controlling all the
affairs of such library ; to employ a librarian, such assistants
and employes as may be necessary for the proper management
of said library, and fix their compensation ; but, prior to such
employment, the compensation of such librarian, assistants and
employes shall be fixed for the term of employment bya ma-
jority of the members of said board voting in favor thereof ;"to
LAWS OF IOWA.
91
remove such librarian, assistants or employes by a vote of two-
thirds of such board for misdemeanor, incompetency, or inatten-
tion to the duties of such employment; to select and make
purchases of books, pamphlets, magazines, periodicals, papers,
maps, journals, furniture, fixtures, stationery and supplies for
such library ; to make and adopt, - amend, modify, or appeal
by-laws, rules and regulations, not inconsistent with laws, for
the care, use, government, and management of such library and
the business of said board, fixing and enforcing penalties for
the violation thereof ; and to have exclusive control of the ex-
penditure of all taxes levied for library purposes as provided
by law, and all moneys belonging to the library fund. Said
board shall keep a record of its proceedings.
Sec. 73o. LIBRARY FUND. —All moneys received and
set apart for the maintenance of such library shall be deposited
in the treasury of such city or town to the credit of the library
fund, and shall be kept by the treasurer separate and apart from
all other moneys, and paid out upon the orders of the board of
trustees, signed by its president and secretary.
Sec. 731. REPORT. —Said board of trustees shall each
year make to the Council a report for the year ending December
thirty-first, a statement of the condition of the library, the num-
ber of books added thereto, the number circulated, the number
not returned or lost, the amount of fines collected, and the
amount of money expended in the maintenance thereof during
such year, together with such further information as it may
deem important.
Sec. 732. LIBRARY TAX. —The board of trustees shall
oetore the first day of August in each year, determine and fix the
amount or rate, not exceeding one mill on the dollar in cities
of the first class having a population of twenty-five thousand or
over, and not exceeding two mills on the dollar in cities of the
second class and in towns, of the taxable valuation of such city
or town, to be levied, collected and appropriated for the en-
suing year for the maintenance of such library ; and in cities of
the first class, having a population of twenty-five thousand or
over, . also the amount or rate, not exceeding three mills on
the dollar of the taxable- valuation of such city, to be levied,
collected and appropriated for the purchase of real estate and
the erection of a building or buildings thereon for a public
library, or for the payment of interest on any indebtedness in-
curred for that purpose, and for the creation of a sinking fund
for the extinguishment of such indebtedness ; and shall cause
the same to be certified to the City Council, which shall levy
such tax or so much thereof as it may deem necessary to pro-
i�
28
LAWS OF IOWA.
mote library interests, for each of said purposes so determined
and fixed and certify the per cent thereof to the County Auditor
with the other taxes for said year.
Sec. 953. LIBRARY TAX —The board of library trustees
before the first day of August in each year, shall determine
and fix the amount or rate, not exceeding one mill on the
dollar, in any one year, of the taxable valuation of such city,.
to be levied, collected and appropriated for the ensuing year
for the maintenance of such library, and shall cause the same
to be certified to the Council, which shall levy the tax with the
other taxes for such year.
Sec. 954. EVIDENCES OF ORDINANCE —The printed
copies of ordinances published by authority, and transcripts
thereof; or of any official act or proceeding recorded in any book
or entries on any minutes of journal, and certified by the Clerk
or Recorder, shall be received in evidence for any purpose for
which the originals would be received, and with the same effect.
The Clerk or Recorder shall furnish such manuscript, and be
entitled to charge therefor the same fees as the Clerk of the
District Court for like services.
Sec. 955. WATER AND GAS —ELECTRIC LIGHT
AND POWER PLANTS —STREET RAILWAY AND
TELEPHONE FRANCHISES. —Such cities shall have
the power to establish, erect, purchase, lease, maintain
or operate, within or, without the corporate limits, water
works, gas works, electric light or electric power plants,
with all the necessary reservoirs, mains, filters, steams, trenches,
pipes, drains, poles, wires, burners, machinery, apparatus, and
other requisites of said works or plants ; but no such works or
plants shall be thus established, erected, purchased or leased
unless a majority of the electors voting on such proposition
shall vote in favor of the same, at a general or special election.
They may also grant individuals or private corporations the au-
thority .to erect, maintain or purchase such works or plants, or
railways, street railways or telephone systems, for the term of
not more than twenty-five years, and may renew or extend the
term of such grants for a period not exceeding twenty-five
years ; but no exclusive franchise shall be granted, extended or
renewed, and no franchise shall be granted or authorized, until
after notice of the application therefor has been published once
each week for four consecutive weeks in some newspaper pub-
lished in such city.
Sec. 956. QUESTION SUBMITTED —The Council may
order any of the questions, including granting to individuals or
corporations authority to erect, maintain or purchase water or
LAWS OF IOWA. 29
gas works, electric light or power plants, or street railway or
telephone systems, provided in the preceding section, sub-
mitted to a vote at a general election, or at one especially called
for that purpose ; or the Mayor shall submit said question to
such vote upon the petition of twenty-five property owners of
each ward in the city. Notice of such election shall be given
in
two newspapers published in said city, if there are two, if
not, then in one, once each week for at least four consecutive
weeks. The party asking for a renewal or extension of such
franchise shall pay the cost incurred in holding such election.
Sec. 957. INFIRMARY —OUTDOOR RELIEF, AND
BATH HOUSES. —The Council shall have the power,
by two-thirds vote of the whole Council, to establish
and maintain, either within or without the limits of the
city, an infirmary for the accommodation of the poor of
the city, and to provide for the distribution of outdoor
relief and a public bath house or natatorium when declared by
the Board of Health of such city to be essential to the preser-
vation of the public health, and to regulate by ordinance the
use of such baths and the conduct and maintenance of the same.
The appropriation for the construction and maintenance of such
bath house or natatorium shall be paid from the general current
revenues of said city not appropriated to other purposes.
Sec. 734. HOUSE OF REFUGE —WORKHOUSE. —
Cities shall have the power to establish and maintain,
either within their limits or within the county in which
they are situated, a house of refuge, or a house of
correction and a workhouse, or either of them, and
place the same under the management and control of
such doctors, superintendents and other officers as the Council
may by ordinance provide. Persons sentenced for violation of
any ordinance, if children under sixteen years of age, may be
committed to the city house of refuge, if there be one ; if over
sixteen years of age, to the house of correction and workhouse.
Sec. 735. JAIL —STATION HOUSE. —Cities and towns
shall have power to erect, establish and maintain city jail, which
shall be in the keeping of the Marshal, under such rules and
regulations as the Council shall provide. Any city or town
shall have the right to use the jail of the county for the confine-
ment of such persons as may be liable to imprisonment under
the ordinance of such city or town, but it shall be liable to the
county for the cost of keeping such prisoners. Cities of the
first class shall have power to erect, lease, establish and main-
tain station houses forthe detention of persons arrested, which
shall be under control of the Marshal.
30 LAWS OF IOWA. LAWS OF IOWA. 31
Sec. 736. CONTRACTS FOR PUBLIC WORKS
PROTECTION OF SUB -CONTRACTORS. — Cities or
towns shall have the power to provide by ordinance,
or by provisions in contracts for any work of public
improvements that the contractor shall, before receiving certifi-
cates or payment therefor, furnish the Council, or Board of
Public Works, as the case may be, vouchers showing that all
contractors and workmen who have furnished materials for, or
performed labor upon such improvement, have been fully paid
for such materials or labor.
Sec. 737. PLUMBING INSPECTOR —They shall have
power by ordinance to prescribe rules and regulations for all
plumbing connecting any building with sewers, and may pre-
scribe the kind and size of materials to be used in such plumbing
and manner in which same shall be done; and to appoint an in-
spector thereof, and define his duties and powers ; and to pre-
scribe penalties for the violation of such ordinance. Nothing
herein shall be construed as authorizing the annulment of any
rules or regulations relating to such plumbing made by the local
or state board of health, but such ordinance shall conform to
and enforce the same.
Sec. 738. SEWERS IN TOWNS AND CITIES. —Cities
having less than five thousand population, and incorporated
towns, shall have power to construct sewers or tile drains along
streets and alleys therein, and to levy special taxes for the same
against abutting property and the owners thereof, whenever
the resident owners of a majority linear front feet of the prop-
erty subject to' such assessment petition therefor. If the assess-
ment is made against property on one side of the street or alley
only, the sewer or drain shall be built on that side, and such
property shall be entitled to the benefits thereof, but if made
against property on both sides of the street or alley the same
shall be so built and located as to be of the greatest benefit to
all the property assessed therefor.
Sec. 739. REGULATIONS AS TO CONSTRUCTION
AND USE. —All owners of property assessed for such
sewers or drains shall have the free use thereof, under
reasonable rules and regulations adopted by the city or
town. Such city or town shall have the power to
regulate by ordinance, the size, kind and manner of
construction of any such sewer or drain, and to provide the
terms and conditions under which the property not taxed there-
for may have the benefit of the same. The method of assess-
ment, levy, collection and payment of such special faxes -shall
be the same as in cities of over five thousand population, ex-
cept that such tax shall not exceed one dollar per linear foot.
The cost of constructing sewers and drains in excess of one
dollar per linear foot, and across intersecting streets and alleys.
shall be paid from the general fund.
Sec. 74o. TAKING PROPERTY BY GIFT OR
BEQUEST. —Counties, cities, towns and other municipalities
are authorized to take and hold property, real and
personal, derived by gifts and bequests ; and when
made for the establishing of institutions of learning
or benevolence, and there is no provision made in the gift or
bequest for the execution of the trust, the court having charge
of the probate proceedings in the county shall appoint three
trustees, residents of said county, who shall have charge and
ontrol the same, and who shall continue to act until removed
by the court, and they shall give bond as required in case of
executors to be approved in the same manner as in case of
executors' bonds, and said trustees shall be subject to the order
of said court.
Sec. 74i. USE OF BARBED WIRE —Cities and towns
may, by ordinance, prohibit the use of barbed wire to inclose in
whole or in part any lot or lots within the incorporate limits
thereof, and to provide for the removal of such wires.
'Sec. 742. TAX SINKING FUND —Cities of first class
shall have power to levy, in addition to the regular water tax
authorized by law, a tax of two mills upon the dollar upon all
the property within the corporate limits of said cities, except-
ing lots greater than ten acres in area, used for horticultural or
agricultural purposes, for the purpose of creating a sinking
fund to be used as provided in this chapter for the purchase
or erection of water works in such cities. The proceeds of such
two mill levy shall be deposited in one or more solvent banks
or trust companies of the city making such levy, at a rate of
interest not less than three per cent per annum, compounded
semi-annually, and payable, principal and interest, on demand,
after sixty days' notice in writing. The City Treasurer de-
positing the proceeds of such tax shall exact from the hank
or trust company wherein such money is deposited a satis-
factory bond, payable to the city, to be approved by the Treas-
urer and Mayor of such city, and to be filed in the office of the
City Treasurer.
Sec. 743. DIVERSION OF FUND —Any member of the
City Council, or any officer of any city levying and collecting
taxes under provisions of this chapter, who shall in any manner
participate in or advise to the diversion of any part of said tax
to any other purpose than that provided for in this chapter,
32
LAWS OF IOW A.
shall be deemed guilty of the crime of embezzlement and shall
be punished accordingly.
Sec. 744. PURCHASE OR ERECTION —Cities of first
class are hereby authorized to purchase or erect water works,
under provisions of this chapter, for the purpose of supplying
said cities and the inhabitants thereof with water, and are au-
thorized to continue the levy of the two mill tax herein provided
for until the purchase price, principal and interest; or the cost
incurred in the erection of said works, is fully paid and dis-
charged. This section and Nos. 745 and 747 are amended by
chapter 23 of the 27th General Assembly, but not made appli-
cable to cities under special charters.
Sec. 745. CONTRACTS —BONDS —Cities levying such a
sinking fund tax are hereby authorized to contract for the pur-
chase or erection of water works, and, upon the approval and
adoption of such contract, as hereinafter • provided, to apply
such sinking fund upon the cost thereof, and are authorized to
pledge the proceeds of the continuing two mill levy provided
for in this chapter, and the regular water levy, and net reve-
nues derived from the operation of the water works, andshall
have the right to mortgage or bond such works, to secure the
payment of the purchase price or the cost of constructing such
water works; but no part of the general fund of such city shall
be applied upon such contracts, bonds or mortgage. In the
payment thereof, the city and holders of said contracts, bonds,
or mortgages shall be restricted to the proceeds of the said
taxes and the net revenue of the said water works, hereinbe-
fore provided; and such contract or bonds shall not bear a
higher rate of interest than five per cent per annum, payable
semi-annually. See note to Sec. 744.
Sec. 746. QUESTION SUBMITTED —Said contract shall
not be binding upon said city until same shall have been 'ap-
proved by the City Council at a regular meeting, or a special
meeting called for such purpose, and shall have been adopted
by a majority of the electors of said city voting at special elec-
tion, which shall have been duly called after thirty days' notice
by said city. The proposition to be submitted at said election,
and the form of. ballot shall be : "Shall the contract approved
by the City Council in relation to water works be adopted?"
The proposition shall be printed and placed on the ballots, and
the voter shall designate his choice, and the election shall be
conducted in the manner provided in the chapter on elections.
Sec. 747. TRUSTEES —The water works purchased or
erected by such city shall be managed and operated by a board
of waterworks trustees, which shall be composed of three
LAWS OF IOWA. ;3
electors, appointed for the term of six years by the District
Court of the County wherein such city is located. Upon the
approval of the contract for the purchase or erection of water
works by such city, the Mayor of the city shall apply, within
ten days thereafter, to the said District Court for the appoint-
ment of such board of water works trustees, the first appointees
thereto to hold office for the following terms, namely: One
for two years, one for four years, and one for six years. All
vacancies occurring on such board, occasioned by expiration of
term, by death, resignation, or removal, shall be filled by ap-
pointment of the District Court, upon application made by the
Mayor of such city. The appointment of such board shall be
approved by a majority of the judges presiding over such
District Court. The compensation of the members of such
board of trustees shall be fixed, upon application of such board,
by said District Court, in such amounts as the court may deem
reasonable and proper, and shall not be changed more frequent-
ly than once in two years. The District Court .shall require
such trustees to execute to said city good and sufficient bonds,
to be approved by said court, and, when executed and approved
to be filed and kept with the City Treasurer. All such trustees
shall be subjected to removal by the District Court for mal-
feasance in office'. See note to Section 744.
Sec. 748. POWERS —The said board of trustees shall have
power to carry into execution the contract for the purchase
or erection of such water works, and to employ a superin-
tendent and such other employes as may be necessary and
proper for the operation of such works, for the collection of
water rentals, and for the conduct of the business incident to
the operation thereof. The said board of trustees shall require
of the superintendent, and of the other employes as they may
deem proper, good and sufficient bonds, the amount thereof to
be fixed and approved by said board, for the faithful perform-
ance of their duty, such bonds to run in the name of the city
treasurer and kept in his office.
Sec. 749. FIXING RATES —Said board of water works
trustees shall from time to time fix the water rentals or rates to
be charged for the furnishing of water, and such rates shall be
sufficient, together with the proceeds of the five -mill water levy
and the sinking fund levy of two mills, for the maintenance and
operation of such works, the proper and necessary extension
thereof, for all repairs, and for the payment of the purchase
money or cost, principal and interest, incurred in the purchase
or erection of such works, as the same falls, due, according to
the tenor of the mortgage and bonds given to secure the pay-
ment of such purchase price or cost. The said board of water
11
34 LAWS OF IOWA.
works trustees shall make out and file in the office of the City
Clerk quarterly statements, giving full and complete reports
of the receipts and disbursement; handled and disbursed by
them in the administration of their trust; such reports to be
fled on the second Monday of lanuarv, April, July anci
October for the quarter s preceeding the first days of said
months. Such reports shall be audited by the board of public
works of such city. In the event, however, that said city
may not have a board of public works, such reports shall be
audited by the City Council.
Sec. 750. ADDITIONAL —The powers conferred by this
chapter are in addition to the powers elsewhere granted in this
Code in respect to water works.
Sec. 751. ESTABLISHMENT AND IMPROVEMENT.
Cities and towns shall have power to establish, lay off, open
widen, straighten, narrow, vacate, extend, improve and repair
streets, highways, avenues, alleys, public grounds, wharfs, land-
ings and market places within their limits ; but no street, avenue,
highway, or alley which shall hereafter be dedicated to public
use by the proprietor of the ground in any municipal corpora-
tion shall be deemed a public street, avenue, highway, or alley,
or be under the use or control of such municipality, unless the
dedication shall be accepted and confirmed by an ordinance or
resolution specially passed for such purpose. The expenses
of such repairs and improvements may be paid from the gen-
eral fund, or -from the highway or poll taxes of such cities or
towns, or partly from each of such funds.
Sec. 752. WIDTH OF STREET —They shall have power
to provide that the width of all streets, highways, avenues and
alleys of all additions to any city or town shall conform to the
width of the existing streets, highways, avenues and alleys of
such cities and towns.
Sec. 753. SUPERVISION —REPAIR —They shall have
care, supervision and control of all public highways, streets,
avenues, alleys, public squares and commons within the city, and
shall cause the same to be kept open and in repair and free from
nuisances.
Sec. 754. REGULATION OF CONVEYANCES
AND TRANSPORTATION —They shall have the power
to regulate, license and tax all carts, wagons, street
sprinklers, drays, coaches, hacks, omnibuses, and every
description of conveyance kept for hire ; fix the rate and
prices for the transporation of persons and property from one
part of the city to another in the vehicles above named, and to
LAWS OF IOWA. 35
require such persons to keep exposed to view, in or upon such
vehicle, a printed table of the rates and prices so fixed ; to
establish stands for hackney coaches, cabs, omnibuses, drays,
and express wagons, and to enforce the observance and use
thereof ; to prescribe the width of the tires of all vehicles,
habitually used in the transportation of persons or articles from
one part of the city to another, and require vehicles and bicycles
to carry lamps giving sufficient light.
Sec. 755. REGULATION OF DRIVING OR RIDING.
—They shall have power to restrain and regulate the riding and
driving of horses, live stock, vehicles and bicycles, within the
limits of the corporation, and prevent and punish fast or im-
moderate riding or driving within such limits.
Sec. 756. LIGHTING. —They shall have power to light
streets, avenues, alleys, highways, public places, grounds,
buildings, landings, market places and wharfs.
SEC. 757. CARE, CONSTRUCTION AND REPAIR
OF BRIDGES. —Cities shall have the care, supervision and
control of all public bridges and culverts within the corporate
limits thereof ; shall cause the same to be kept open and free
from nuisances; and shall construct and keep in repair all public
culverts within the limits of said corporation. They may aid
in the construction of any county bridges within the limits of
said city, or in the construction of any bridge contiguous to
said city, on a highway leading to the same, or in the con-
struction of any bridge across any unnavigable river which
divides the county in which said city is located from . another
state, by appropriating a sum not exceeding ten dollars per
linear foot therefor.
Sec. 758. BRIDGE FUND —Cities of the first class shall
have full control of the bridge fund levied and collected as pro-
vided by law, and shall have the right to use the same, for the
construction of bridges, culverts, and approaches thereto, and
failure to maintain the same in safe condition as counties now
are with reference to county bridges ; and no county shall be
liable for any such bridge or injuries caused thereby.
Sec. 759. AIDING COUNTY BRIDGE —Cities and towns
may vote to aid in the construction of any county bridge when
the estimated cost of same is not less than ten thousand dollars,
to the extent of one-half the estimated cost thereof, as fixed by
the Board of Supervisors ; and a city having a population . of
five thousand or more may vote a tax, not to exceed two per
centum of the assessed value of the taxable property in such
city, to construct, or aid any company which is or may be in-
36 LAWS OF IOWA.
corporated under the laws of this state in the construction of 'a
highway or combination bridge across any navigable boundary
river of thisstate, commencing or terminating in such city,
suitable for use as highway, or for both highway and railway
and street railway purposes.
Sec. 76o. QUESTION SUBMITTED —Whenever a peti-
tion shall be presented to the Council, signed by a majority of
resident freeholder taxpayers thereof, asking that the question
of constructing or aiding in the construction of a bridge, as
provided in the preceding section, be submitted to the qualified
electors, it shall be its duty to immediately give notice of a
special election, by publication in some newspaper published
therein, and also by posting copies of such notice in five public
places therein, at least ten days before such election.
Sec. 761. NOTICE —CONDITIONS —Such notice shall
specify time and place of holding election, the proposed location
of the bridge to be aided, the rate per cent of tax to be ipvied,
the amount which the Board of Supervisors is authorized to
cause to be collected each year, and all the conditions in the
petition. In case of proposed aid to a private corporation, the
notice shall also state its name, the amount of work required to
be done on such bridge, and any other conditions which are to
be performed before said tax or any part thereof shall become
due and payable. Such notice may also contain terms and con-
ditions to be performed by said corporation receiving such aid
after the completion of such bridge, which terms and conditions
shall be obligatory and binding upon it, its successors and
assigns.
Sec. 762. CERTIFICATE —At such election the question
of taxation shall be submitted to the electors thereof. If a ma-
jority of the voters be for taxation, the clerk of such city or town
shall forthwith certify to the County Auditor of the proper
county the result, the rate per cent of the tax voted, the year or
years during which the same is to be collected, the amount to be
collected each year, and the terms and conditions upon which
the same when collected is to be paid, and, if aid is voted to a
private corporation, its name, together with a copy of the
notice under which the election was held. The certificate shall
be filed with the County Auditor, who shall cause the same to
be recorded in the office of the Recorder of Deeds. The ex-
penses of the giving of the notice and holding the election shall
be audited and paid out of the County Treasury as other
claims against the county.
Sec. 763. TAX LEVIED —After such certificate shall have
been filed and recorded, the Board of Supervisors shall, at the
LAWS OF IOWA. 37
time of levying the ordinary taxes, levy each year, on the tax-
able property of such city or town, the taxes voted as shown by
said certificate.
Sec. 764. COLLECTION -PAYMENT —Said taxes shall
be collected in same manner, subject to the same penalties for
non-payment after delinquent, and to the same laws after they
are collected or collectable, as other taxes, in conformity with
the terms and conditions of the notice of election ; when col-
lected they shall be paid by the County Treasurer, on the order
of the Board of Supervisors, specifying the special bridge fund
from which each order is payable ; but in no case shall said
board make such order until the conditions specified in the
petition and notice have been complied with. Such taxes, when
payable to the city or town, shall be paid over as other city or
town taxes. When payable to a private corporation, they shall
be paid over by the County Treasurer to such corporation,
upon the order of the president or a majority of the directors
thereof, after said council shall have certified to the County
Treasurer that the conditions required, as set forth in the notice
for the special election at which the tax was voted, have Veen
compiled with, and the council, or a majority of its members,
shall make such certificate whenever such conditions shall have
been so performed.
Sec. 765. FORFEITURE —Should any taxes levied under
the provisions of the foregoing sections remain in the County
Treasury more than one year after the same shall have been
collected, the right to them shall be forfeited, and they shall be
refunded to the taxpayers, and the Board of Supervisors shall
cause any remaining levy to be cancelled and stricken from the
tax books, which cancellation shall remove all liens created
thereby, and it shall make no further levies under said certifi-
cate.
Sec. 766. CONTRACT FOR USE OF BRIDGE —Cities
situated on a river wholly in the state, or one forming its bound-
ary line, and from which to the opposite shore a bridge has been
or may be constructed by any railroad company, corporation or
person, shall have power to contract with the railroad com-
pany, corporation or person owning such bridge for the use of
the same as a public highway ; which contract may be for the
joint use of such bridge, or for the sole use of such portion
thereof as may be devoted or adopted to highway travel ; and
may assume the sole liability, or any portion thereof, for
damages to persons or property by reason of their being on any
portion of said bridge or approach to either end thereof, caused
by the running of cars or locomotives thereon by any corpora-
tion, company or person entitled to its use, whether the damage
38 LAWS OF IOWA. LAWS OF IOWA. 39
results from the negligence of the person engaged in running
said cars and locomotives or otherwise, and to indemnify the
owners of said bridge, and all others entitled to use the same,
from liabilities or damage so caused, to the extent or propor-
tion thereof, and during the continuance of said contract, man-
age and control said bridge so far as necessary to regulate the
highway travel thereon, and may regulate the same as a free
or toll bridge, and prescribe such rates of toll as to it from
time to time shall seem proper, and make all necessary police
regulations for the government of the highway travel thereon,
and levy the necessary tax, not exceeding in any one year ten
mills on the dollar, for the purpose of carrying out the terms
of such contract.
Sec. 767. RAILWAY TRACKS —RAILWAYS —Cities
and towns shall have power to authorize and forbid construction
of street railways within their limits and may define the motive
power by which the cars thereon shall be propelled; and to
authorize and forbid the location and laying down of tracks
for railways and street railways on all streets, alleys and public
places ; but no railway track can thus be located and laid down
until after the injury to property abutting upon the street,
alley or public place upon which such railway track is proposed
to be located and laid down has been ascertained and compen-
sated for in the manner provided with reference to taking pri-
vate property for works of internal improvement.
Sec. 768. STREET CAR VESTIBULES —On and after
November 1, 1898, every person, partnership, company or cor-
poration owning or operating a street railway in this state shall,
from November first of each year to April first following, pro-
vide all cars, except trailers, used for the transportation of
passengers, with vestibules inclosing the front platform on at
least three sides, for the protection of employes operating such
cars. Any violation of this section shall be punished by a
fine of not less than fifty dollars nor more than one hundred
dollars for each day said cars are operated in violation hereof.
Sec. 769. RAILWAY CROSSINGS AND SPEED OF
TRAINS —Cities having a population of five thousand or more,
shall have power to compel railroad companies to erect, con-
struct, maintain and operate, under such regulations as may
from time to time be provided by the Council, suitable gates
upon public streets at railroad crossings ; and cities and towns
shall have power to regulate the speed of trains and locomotives
on railways running over the streets or through the limits of
the city or town.
Sec. 77o. VIADUCTS —WHEN REQUIRED —Cities
having a population of seven thousand or over shall have power
to require any railroad company, owning or operating any rail-
road tracks upon or across any public streets of such city, to
erect, construct, re -construct, complete, and maintain, to the extent hereinafter provided, any viaduct upon or along such
streets, and over or under such tracks, including the approaches
thereto, as may be declared by ordinances of such city neces-
sary for the safety and protection of the public. The ap-
proaches to any such viaduct shall not exceed a total distance
of eight hundred feet, but no such viaduct shall be required on
more than every fourth street running in the same direction,
and no railroad company shall - be required to build or con-
tribute to the building of more than one such viaduct, with its
approaches, in any one year; nor shall any viaduct be required
until the board of railroad commissioners shall, after examin-
ation, determine the same to be necessary for the public safety
and convenience, and the plans of said viaduct, prepared as
hereinafter provided, shall have been approved by said board.
Sec. 771. ASSESSMENT OF DAMAGES —When a via-
duct shall be by ordinance declared. necessary for the safety and
protection of the public, the Council shall provide for apprais-
ing,assessing and determining the damage which maybe caused
to any property by reason of the construction of same and its
approaches. The proceedings for such purpose shall be the
same as are provided in case of taking private property for
works of internal improvement, and the damages assessed shall
be paid by the city out of the general fund.
Sec. 772. SPECIFICATIONS —The width, height and
strength of any viaduct and approaches thereto,and the material
and manner of construction thereof, shall be such as may be
required by the Board of Public Works and approved by the
Mayor and Council, but if there is no Board of Public Works,
then such as may be required by the Council.
Sec. 773. APPORTIONMENT OF COST AND RE-
PAIRS —When two or more railroad companies own
or operate separate lines of track to be crossed by
a viaduct, the proportion thereof, and the approaches
thereto to be constructed by each, or the cost to be
borne by each, shall be determined by the Council. After
the completion thereof, any revenue derived therefrom by the
crossing thereon of street railway lines shall constitute a spec-
ial fund, and shall be applied in making repairs to such viaduct.
One-half of all ordinary repairs to such viaduct or its ap-
proaches shall be paid out of such fund, or be borne by the
city, and the remaining half by the railroad company; and if
the track of more than one company is crossed, the costs of
40
LAWS OF IOWA.
such repairs shall be borne by such companies in the same pro-
portion as was the original cost of construction.
Sec. 774. REFUSAL TO COMPLY —If any railroad com-
pany neglects or refuses, for more than thirty days after such
notice as may be prescribed by ordinance, to comply with the
requirements of any ordinance passed under the provisions of
this charter, the city may construct or repair the viaduct or ap-
proaches, or any portion thereof, which such railroad com-
pany was required to construct or maintain, and recover the
cost thereof from such company.
Sec. 777. TEMPORARY SIDEWALKS —They shall
have power to provide for laying, relaying and repairing tem-
porary sidewalks upon any street, avenue, public ground,
wharf, landing or market place within the limits of such city or
town, at a cost not exceeding 'forty cents a linear foot, to pre-
scribe a uniform width thereof, and to regulate the grade of
same and provide for the assessment of cost thereof on the
property in front of which the same shall be laid in proportion
to the special benefits conferred upon the property thereby and
not in excess thereof, and the city or town Clerk shall certify
the amount of such assessment to the County Auditor, and it
shall be collected the same as other taxes.
Sec. 778. IN FRONT OF AGRICULTURAL PROP-
ERTY. —Cities of the first class shall have the power
to provide by ordinance for the laying of temporary
sidewalks on public streets and highways, in front of
property abutting thereon and used for purposes of agri-
culture or horticulture, and not divided into lots, and to
assess a special tax, not to exceed forty cents per .linear
foot, upon said property to pay for same. Such assessment
and improvement shall not be made or ordered to be made until
three -fourths of the members of the Council shall, by vote
assent to the making thereof.
Sec. 779. PERMANENT SIDEWALKS —SPECIAL
TAX. —They shall have power to provide for the construction,
re -construction and repair of permanent sidewalks upon any
street, highway, avenue, public ground, wharf, landing or mar-
ket place within the limits of such city or town ; but the con-
struction of permanent sidewalks shall not be made until the bed
of same shall have been graded so that, when completed, such
sidewalks will be at the established grade ; and to assess the
cost thereof on the lots or parcels of land in front of which the
same shall be constructed. Towns shall have power to make
the street improvements provided for in Chapter Seven of this
LAWS OF IOWA. 4-
Title, and pay for the same, or any part thereof out of the gen-
eral fund, or to assess, levy and collect special taxes for the
cost, or any part thereof, against the abutting property, in the
manner provided in the said chapter. But unless the owners
of a majority of the linear feet of the property fronting on the
improvements referred to in this section petition the Council
therefor, the same shall not be made unless three -fourths of all
the members of the Council shall by vote order the making
thereof. Amended by Chapter 27, 28th General Assembly;
amendment not applicable to cities under special charters.
Sec. 780. REPAIR OF SIDEWALKS —Cities and towns
shall have power to repair sidewalks without notice to property
owner, and assess the expense thereof on the property in front
of which such repairs are made, and the same shall be certified
and colleted as other taxes.
Sec. 781. REMOVAL OF SNOW AND ICE —They shall
have power to remove snow, ice or accumulations from abutting
property from the sidewalk, without notice to the property
owner, if the same has remained upon the walk for the period
of ten hours, and assess the expense thereof on the property
from the front of which such snow, ice or accumulations shall
be removed; but the expense shall not exceed one and one-half
cents per foot of any lot, and the same shall be certified and
collected as other special taxes.
Sec. 782. GRADES AND GRADING —They shall have
power to establish grades and provide for grading any street,
highway, avenue, alley, wharf, landing or market place, the
expense thereof to be paid from the general or grading fund,
or from the highway or poll taxes of such city or town, or part=
ly from each such funds.
Sec. 783. UNIFORMITY OF GRADE —They shall have
power to provide that grading of all streets, highways, avenues.
alleys, public grounds, wharfs, landings or market places of all
additions to any city or town, shall be done in the same manner,
and conform to existing streets, avenues, highways and alleys
thereof.
Sec. 784. EMBANKMENTS AND FILLS —Cities of the
first class shall have power to construct embankments where
streets cross ravines, or where it is necessary that fills should be
made for the purpose of retaining the street at grade to the full
width of the remaining portion thereof. Such cities may pur-
chase and condemn lands suitable for such purposes in the man-
ner provided for condemning land by cities ; but when the abut-
ting property shall be brought to grade, such city shall re-
42
LAWS OF IOWA.
convey the land so taken to the owner from whom the same
was taken, or his grantees, upon the payment by him or th'em
of the price originally paid by said city at the time said prop-
erty was purchased or condemned.
Sec. 785. CHANGE OF GRADE —DAMAGES —When
any city or town shall have established the grade of any street or
alley, and any person shall have made improvements on the
same, or lots abutting thereon, according to the established
grade thereof, and such grade shall thereafter be altered in such
a manner as to damage, injure or diminish the value of such
property so improved, said city or town shall pay to the owner
of such property the amount of such damage or injury.
Sec. 786. APPRAISERS —The amount of such damage or
injury shall be determined and assessed by three disinterested
freeholders, one of whom shall be selected by the Mayor, one
by the owner of the property, and one by the two so appointed;
or, in case of their disagreement, by the Council. If the own-
ers fail to select an appraiser within ten days from the time of
receiving notice to select same, then the Council shall select
all such appraisers.
Sec. 787. NOTICE=The appraisers shall take an oath to
faithfully and impartially discharge their duties. They shall
give ten days' notice in writing to the owner of the property
affected, of the time and place of their meeting to view the
premises and make their assessment, if such owner resides in
the county ; which notice shall be served in the same manner as
original notices in the District Court. If the owner resides
in the county, or his residence is unknown, notice shall be given
by publication once a week for three weeks in some newspaper
published in the city or town where the property is located.
Sec. 788. ASSESSMENT —The appraisers shall view the
premises, and, in their discretion, receive evidence, and may ad-
journ from day to day. When the appraisement is completed,
the appraisers shall sign and return the same to the Council,
which shall be done within thirty days from the date of their
selection.
Sec. 789. CONFIRMATION —PAYMENT —The Coun-
cil may, in its discretion, confirm or annul the appraisement, and
if annulled, all proceedings shall be void and of no effect ; but, if
confirmed, an order of confirmation shall be entered by the
Clerk in the record of the proceedings of the Council. No
alteration of grade shall be made until the damages assessed
shall have been paid or tendered to the owner of the property
so injured or damaged.
1
LAWS OF IOWA. 43
Sec. 79o. APPEAL —COSTS —Any person interested may
appeal from the order of confirmation to the District Court of
the county in which such property is located, by giving written
notice thereof to the Mayor, within twenty days after the order
of confirmation is entered. On the trial of the appeal, all
questions -involved in the proceedings, including the amount
of damages, shall be open to investigation, and the burden of
proof shall, in all cases, be upon the city or town to show that
the proceedings are in accord with the provisions of this chap-
ter. The cost of such proceedings, incurred prior to the order
of confirmation or annulment of the appraisement, shall in all
cases be paid by the city or town. If the person appealing
recovers more damages than were awarded by the appraisers,
he shall recover the costs of the appeal ; if he recovers the same
or less than the award, the costs of the appeal shall be taxed
to him.
Sec. 791. SEWERS —They may provide for and authorize
the construction, re -construction, and repair of sewers, and
regulate their use, and pay therefor out of the general or sewer
fund.
Sec. 959. REGULATION OF ELECTRIC WIRES. —
Such Cities shall have the power to regulate telegraph,
district telegraph, telephone, street car, electric light
and power poles, subways and wires, and provide the
manner in which and the places where the same shall
be placed, including the right to construct subways and
erect poles upon and along the street, alleys and
public places ; to compel companies having wires on the same
street or alley to use the same poles or subways upon reason-
able terms ; to regulate the installation and connection of elec-
tric lights or power wires and apparatus in public or private
buildings, and forbid the use of such wires and apparatus for
the use or transmission of electric currents until the same have
been inspected and such installation approved by a competent
electrician appointed by such city; and to fix the compensation
or fees for such inspection and approval.
Sec. 96o. CHANGING WATER COURSES —They shall
have power to deepen, widen, straighten, wall, fill, cover, alter or
change the channel of any water course or part thereof flowing
through the city; to construct artificial channels or covered
drains sufficient to carry the water flowing in such water course
and divert it from the natural channel, and conduct the same
through such artificial channels or covered drains, and fill old
channels, and in doing such work, or in carrying off flowing
water, or building main or lateral sewers through ravines or
hollows, they shall have the right to pass through private
44 LAWS OF IOWA.
property and condemn the same for such purposes; and the
cost of such work, including the cost of the land condemned,
shall be paid for as provided herein for the payment of the
cost of constructing sewers.
Sec. 961. CONDEMNING PROPERTY —They shall
condemn and appropriate so much private property as shall be
necessary to carry into effect the provisions of this chapter
relating to the change of water courses, the construction of
sewers and of artificial channels in the manner provided for
condemning land for city purposes.
Sec. 792. ASSESSING COST OF IMPROVEMENTS
—Cities shall have power to improve any street, highway, ave-
nue, or alley, by grading, parking, curbing, paving, graveling,
macadamizing and guttering the same or any part thereof, and.
to provide for the making and re -construction of such street
improvements and to assess the costs on abutting prop-
erty, as provided in this chapter ; but the construc-
tion of permanent parking, curbing, paving, graveling,
macadamizing or guttering, shall not be done until after
the bed therefor shall have been graded, so that such
improvement, when fully completed, will bring the street, high-
way, avenue, or alley up to the established grade ; provided, that
only so much of the cost of the removal of the earth and other
material as lies between the sub -grade and the established grade
shall be assessed to abutting property.
CHAPTER XXIX.
TWENTY-EIGHTH GENERAL ASSEMBLY.
Section I. SPECIAL ASSESSMENT —RATE —When
any city or town Council or Board of Public Works levies any
special assessment for any public improvement 'against any lot
or tract of land, such special assessment shall be in proportion
to the special benefits conferred upon the property thereby and
not in excess of such benefits. Such assessment shall not ex-
ceed twenty-five percentum of the actual value of the lot or tract
at time of levy, and the last preceding assessment roll shall be
taken as prima facie evidence of such value.
Sec. 2. DEFICIENCIES —HOW PAID —If the special
assessment which may be levied against any lot or tract of land
shall be insufficient to pay the cost of the improvement, the: de-
ficiency shall be paid out of the general fund, or for sewers out of
sewer fund provided for in Section Eight Hundred and Thir-
LAWS OF IOWA. 45
ty-One, or Subdivision Three of Section Eight Hundred and
Ninety-four, or Section Nine Hundred and Seventy-eight, or
Sub -division Three of Section Ten Hundred and Five, or for
other improvements out of the improvement fund provided
for in Section Eight Hundred and Thirty, or Sub -division Two
of Section Eight Hundred and Ninety-four, or Section Nine
Hundred and Seventy-seven, or Sub -division Two of Section
Ten Hundred and Five of the Code, and Acts amendatory
thereof as the case may be. If there be property against which
no special assessment can be levied the proportion of the cost
of the improvement which might otherwise be assessed against
such property shall be paid in like manner.
Sec. 3. WHAT STATUTES GOVERN —So far as appli-
cable, Sections Eight Hundred and Twenty-one, Eight Hundred
and Twenty-two, Eight Hundred and Twenty-three, Eight Hun-
dred and Twenty-four, Eight Hundred and Twenty-nine, and
Eight Hundred and Thirty-nine of the Code shall govern all
special assessments made in cities and towns unless otherwise
specially provided. Upon appeal the court shall determine all
questions, including that of benefits to the property assessed.
Sec. 4. ENFORCEMENT OF CERTAIN STATUTES
NOT AFFECTED. —Nothing in this act shall be construed to
interfere with the enforcement of the provisions of Sections
Eight Hundred and Thirty-four and Eight Hundred and Thirty-
five of the Code.
Sec. 5. SPECIAL CHARTER CITIES —This act shall
apply to cities acting under special charter.
Sec. 793. HOW ORDERED —The construction or re-
construction of such improvement shall not be ordered made
until three -fourths of all members of the Council shall by vote
assent thereto, unless the same be petitioned for by the owners
of the majority of the linear front feet of the property abutting
thereon; but a majority of the Council may provide for repair-
ing said improvement.
Sec. 794. SEWERS —They shall have power to provide
for the making, construction and repair of sewers and catch
basins in any street, highway, avenue, alley, public ground or
market place within the limits of said city, and may by ordi-
nance divide such city into such sewer districts as the Council
may determine, numbering them consecutively, or the entire
city may be included in one district ; but such construction or
re -construction shall not be ordered made until three -fourths of
all the members of the Council shall by vote assent thereto, un-
less the same shall be petitioned for by the owners of a major-
46
LAWS OF IOWA.
ity of the linear front feet of the property abutting on such
sewer, and majority of the owners of adjacent property bene-
fitted thereby and liable to assessment therefor; but a majority
of the Council may provide for their repair. Any city in which
any state building may be situated shall permit the officers in
charge thereof, or of their construction, to construct sewers
therefor through or under any of the streets, highways, avenues,
alleys, or public places of said city, or to connect the same
with the city sewer system, under the same regulations that are
provided for private property owners.
Sec. 796. CROSS SEWERS —They shall have power to
provide, by ordinance or resolution, terms and conditions on
which cross sewers may be attached to or connected with main
sewers; and, in cases where sewers have been constructed in
whole or in part by special assessment, may pay to the parties
who have been so assessed the money, or a part thereof,
charged and collected for the privilege of attaching such cross
sewers.
Sec. 809. GAS AND WATER CONNECTIONS. —They
shall have power to require the connection from gas, water and
steam heating pipes, sewer and underground electric connec-
tions, to the curb line of adjacent property, to be made before
the permanent improvement of the street, highway, avenue, al-
ley, public ground or place whereon they are located; and where
such improvements have already been made, to regulate the
making of such connections, and fix the charges therefor, and
make all needful rules and regulations in relation to such con-
nections and the use thereof. In case the owners of property
on such streets shall fail to make such connections in the man-
ner and within the time fixed by the Council, it may cause the
same to be made, and assess against the property in front of
which they are made the cost and expense thereof.
Sec. 963. ASSESSING COST OF NEW CHANNEL
FOR WATER COURSE. —If a covered or new channel
of a water course shall be constructed along any street
or alley, and used by the city as a sanitary or storm way,
the Council shall have the power to assess upon the lots or
lands adjacent to the line of such covered drain or new channels
the whole or a portion of the cost thereof, not exceeding two
dollars per linear feet, in the manner provided for 'the assess-
ment of the cost of sewers.
Sec. 964. RAILWAYS AND STREET RAILWAYS TO
MAINTAIN CULVERTS AND DRAINS —Such cities shall
have the power to order any railway or street railway
to construct and maintain under the direction and subject
LAWS OF IOWA. 47
to the approval of the city engineer, culverts and drains
across its right of way on any street, alley, highway or
other place as such Council may deem necessary, and if
any railway or street railway company neglect or refuse,
for more than thirty days after such notice as may be pre-
scribed by resolution, to comply with the requirements of any
such order, the city may construct such culvert or drain and
recover the cost thereof from such company.
Sec. 965. STREET IMPROVEMENTS AND SEWERS
—Before the Council orders any street improved or sewer con-
structed, it shall direct the Engineer to prepare a plat, showing
the location and general nature of the improvement, the
extent thereof, ,the kind, or, in case of sewers, the size
and kind, of material to be used, and an estimate of
the cost thereof, and the amount assessable upon any
railway or street railway, and upon each lot or parcel
of land adjacent to or abutting on such improvement
per front foot or square foot in area, and file such plat and
estimate in the office of the Clerk or Recorder. Notice of its
intention to make such improvement shall be published in three
consecutive issues of a newspaper of such city, stating that such
plat is on file, and, generally, the nature of the improvement,
its location, kind of material to be used, and the estimate of its
cost, and fixing the time before which objections thereto can be
filed, which time shall be not less than five days after the last
publication of such notice. The Council, after considering such
objections, shall determine what changes, if any, shall be made
in the plan shown by said plat, and may, by resolution, order
such improvement, prescribing generally the extent of the
work, the kind, and, in case of sewers, the size and kind, of the
materials to be used, when the work shall be completed, the
terms of payment, and provide for the publication of notice
asking proposals for doing such work, and the time the same
will be acted upon.
Sec. 812. CONTRACT —When the making or re -con-
struction of any such street improvement or sewer is ordered
the Council or Board of Public Works, where such board exists,
shall contract for furnishing labor andmaterial, and for the
making or re -construction, either of the entire work in one con-
tract, or for parts thereof in separate and specified section ; but
no work shall be done under any such contract until a certified
copy thereof shall have been filed in the office of the Clerk.
Sec. 813. BIDS —All contracts for the making or re-
construction of street improvements and sewers shall be let in
the name of the city, to the lowest bidder, by sealed proposals,
48
LAWS OF IOWA.
upon giving notice for at least ten days by two publications in
a newspaper published in said city, which notice shall state
as nearly as practicable the extent of the work and the kind of
material for which bids will be received, when the work shall
be done, the terms of payment fixed, and the time the proposals
shall be acted upon; but all bids may be rejected and new bids
ordered. All bids must be accompanied, in a separate envelope
with a certified check, payable to the order of the Treasurer, in
a sum to be named in the notice for bids, as security that the
bidder will enter into a contract for the doing of the work and
will give the bond required in the following section. All such
checks, where the bid has not been accepted, shall be returned
to the respective bidders.
Sec. 815. BOND TO PERFORM —Each contractor for
street improvements and sewers shall give bonds to city, with
sureties to be approved by the Council, or Board of Public
Works where such board exists, for the faithful performance
of the contract, and suit on such bond may be brought in the
county in which the Council may hold its sessions.
Sec. 819. COST OF SEWERS —The cost, or any part
thereof, of making or re -constructing sewers, including that
provided in preceding sections, may be paid from the district
sewer fund of the sewer district in which the same is situated,
or from the city sewer fund, or from the general revenue, and
the portion thereof not so paid, and not in excess of three dol-
lars per linear foot of sewer, shall be assessed against the
property abutting on such sewer in proportion to the number
of linear front feet of each parcel thereof, and upon adjacent
property in proportion to the benefit thereto; but in estimating
the benefits to result therefrom to adjacent property, no ac-
count shall be taken of improvements, and each lot or parcel
of land shall be considered as wholly unimproved. The city
may combine any or all of said methods of assessment.
Sec. 82o. ASSESSMENT OF COST —When the making
or re -construction of any street improvement or sewer shall
have been completed, or such part thereof shall have been com-
pleted as, under the contract, is to be paid for when done, the
Council, or Board of Public Works, where such board exists,
shall ascertain the costs thereof, including the cost of estimates,
notices, inspection, and preparing the assessment and plat and
shall also ascertain what portion of such cost, shall be by law
and the ordinance or resolution of the council under which such
street improvement was made or sewer constructed, assess-
able upon abutting property; and, in case of sewers, also
upon adjacent property, and what portion shall be assessed up -
LAWS OF IOWA.
49
on such abutting property, and in case of sewers upon such
abutting and adjacent property, for intersections and spaces
opposite property owned by the city or the, United States ; and
the council shall then assess such portions upon and against
such property as provided by law.
Sec. 821. PLAT AND SCHEDULE —In assessing that
part of the cost of making or re -construction of any street im-
provement or sewer, or completed part thereof, which is asses-
sible against the lots or parcels of ground abutting thereon, or,
in case of sewers, adjacent thereto, the council, or Board of
Public Works where such board exists, shall cause to be pre-
pared a plat of the streets, avenues, highways, alleys, or the
part thereof on which the same shall have been made or re -con-
structed, showing the separate lots or parcels of ground, or
specified portion thereof, subject to assessment for such im-
provement, the names of the owners thereof as far as practic-
able, and the amount to be assessed against each lot or parcel
of ground, and against any railway or street railway, and shall
file said plat and schedule in the office of the clerk, which shall
be subject to public inspection.
Sec. 822. ESTIMATES —CITY ENGINEER —The City
Engineer, or other person employed by the Council to discharge
the duties of such office, shall, under its direction, or that of the
Board of Public Works where such board exists, make or assist
in making all estimates for street improvements and sewers,
furnish the necessary grades and lines, see that the work 'con-
forms thereto and is in accordance with the ordinance or reso-
lution of the Council, and make or assist in making each re-
quired assessment, plat and schedule.
Sec. 824. OBJECTIONS —All objections to errors, irreg-
ularities or inequalities in the making of said special assess-
ments, or -in any of the prior proceedings or notices, not made
before the Council at the time and,in the manner herein pro-
vided for shall be waived except where fraud is shown.
Sec. 967. COST AT STREET INTERSECTIONS —The
cost of any street improvement or sewer at the intersection of
streets, and half of the cost of same at spaces opposite streets
intersecting, but not crossing, and at spaces opposite property
owned by the city or state or any part thereof, may be paid, in
case of sewers, from the city sewer fiend, or general fund, or
assessed against the property abutting or adjacent thereto; and
in case of street improvements, from city improvement or gen-
eral fund, or assessed against the property abutting or adjacent
thereto, except that part to be constructed by, paid
or
assessed to railways and street railways.
masa
50
LAWS OF IOWA.
Sec. 968. ABUTTING AND ADJACENT PROPERTY
DEFINED —The terms, "abutting or adjacent property,"
and "property abutting on," as used in this chapter, shall be
held to include the easement and right of any railway company
located along any street or on lands abutting on or adjacent
thereto, in all cases where no property of any person, firm or
corporation, except a municipal corporation, intervenes between
such easement or right of way and the traveled portion of such
street or highway.
Sec. 969. COST OF OPENING AND GRADING —The
cost of opening, widening, extending or grading any street or
market place shall be paid from the grading fund. The cost of
making or re -constructing any street improvement not ordered
to be paid from city improvement or grading fund, or by any
railway or street railway, shall be assessed as a special tax
against the property abutting thereon, in proportion to the
linear front feet thereof. The term "street," whenever used in
this chapter, shall be held to include avenue, highway, alley and
public ground.
Sec. 97o. ROAD DISTRICTS -COST AT INTERSEC-
TIONS. —The Council shall divide the city into not less
than three road districts, or may make each ward a separate
road district for the purpose of cleaning, sprinkling
and repairing the streets, or for any of said purposes,
and provide for the manner of doing the same, and
for the payment of the cost thereof out of the Dis-
trict Road Fund, and shall determine the amount necessary for
such purposes in each district and make appropriations therefor
at the time and in the manner in this chapter provided for
making appropriations for other purposes; but the cost of
making, re -constructing and repairing streets at the intersection
of streets, and one-half of the space opposite streets intersect-
ing and not crossing, and opposite city property in any district
shall be paid from the city improvement fund.
Sec. 971. NOTICE AND LEVY OF SPECIAL, AS-
SESSMENTS —After filing the plat and schedule referred to
in Section Eight Hundred and Twenty-one, Chapter Seven, of
this Title, the Council shall direct the Clerk or Recorder to give
ten days' notice, by publishing same three times in a newspaper
published in said city, that such plat and schedule are on file in
the office of the Clerk, fixing time within which all objections
thereto or to the prior proceedings must be made in writing;
and the Council, having heard the objections and made neces-
sary corrections, shall levy the special assessment asshown in
such plat and schedule.
LAWS OF IOWA.
51
Sec. 972. PAYMENT. —The special assessments made in
said plat and schedule, as corrected and approved, shall be
levied at one time, by resolution against the property abutting
upon or adjacent to such street or sewer, and, when levied and
certified, shall be payable as ordinary city taxes. If the owner
of any lot or parcel of land or railroad or street railway, the
assessment against which is embraced in any bond or certificate
provided for in Chapter Eight, of this title, shall, within thirty
days from the date of such assessment, promise and agree in
writing, indorsed on such bond or certificate, or in a separate
agreement, that; in consideration of having the right to pay his
assessments in installments, he will not make any objections of
illegality or irregularity, or to the assessment or levy of such
tax upon and against his property, and will pay said assess-
ment, with interest at a rate not exceeding six per cent per
annum, as shall by ordinance or resolution of the Council be
prescribed, then such tax so levied against the lot or parcel of
land or railroad or street railway shall be payable in not less
than .five nor, more than ten equal installments, the first of
which may become due and payable, with interest on the whole
amount, at a time fixed in the year in which the levy is made,
or in the following year, and the other installments shall be
due and payable, with interest on the whole amount unpaid, at
intervals of one or two years, as fixed by the resolution making
the levy, and all of such installments, with interest, shall mature
in ten years of less from the time fixed for the payment of the
first installment ;; but where no such agreement is made, then
the whole of such assessment so levied shall mature at one time
and be due and payable, with interest, from the date of such
levy, as hereinafter provided.
Sec. 973. COLLECTION. —Such assessments shall be
duly entered on the tax books of the city, and shall be then due
and payable at the office of the Collector, or other officer au-
thorized to collect city taxes, and shall be collected, like other
special taxes, as provided by ordinance.
Sec. 974. INTEREST. —Such assessments shall bear in-
terest from the date of levy at _six per cent per annum. Inter-
est ott the whole assessment shall become due and payable at
the time fixed by resolution or ordinance for the payment of
each installment.
Sec. 975. WHEN DELINQUENT —LIEN. —Such as-
sessment, and each installment with the interest thereon, shall
be paid with accrued costs, at the office of the collector or treas-
urer, by the owner of the property upon which it is levied at or
before the time said property is sold for taxes or interest or
52 - LAWS OF IOWA.
both, and each installment, and all interest due and unpaid shall
become delinquent at the time fixed by ordinance or resolution,
and shall bear such interest from the time of becoming delin-
quent as ordinary taxes. All special assessments shall be a
lien upon the property against which the same are assessed,
from the date of the resolutions of the Council ordering the
construction or re -construction of the street improvement, or
sewer, or other improvement, or work for which the assess-
ment and levy are made, and shall be prior and superior to all
other liens except ordinary taxes, and shall not be divested by
any judicial sale of the property.
Sec. 976. SALE FOR. —Property against which any
special assessment has been levied for street improvements or
sewers may be sold for any part of the principal or interest, due
and delinquent, at any regular, adjourned or special tax sale,
in the same manner and under the same forfeiture, penalty and
right of redemption ; and certificates and deeds of such sale
shall be made in the same manner and with like effect as in
sales of property for non-payment of ordinary taxes, at which
sale the city may be a purchaser; and be entitled to. all the
rights of purchasers at tax sales, with the right to sell and dis-
pose of the same by the Council. The purchaser at any such
tax sale shall have the same rights as purchasers at ordinary
tax sales but shall take the property charged with the lien of the
remaining unpaid installments and interest.
Sec. 977. STREET IMPROVEMENT FUND. —When
the whole or any part of the cost of the making or re -construc-
tion of any street improvement shall be ordered paid from the
city improvement or grading fund, it shall have power, after the
completion of the work, by resolution, to levy at one time the
whole or any part of the cost of said improvement upon all the
taxable property within such city, and determine the whole
percentage of taxes necessary to pay the same, and the per-
centage to be paid each year, not exceeding the maximum an-
nual limit of said taxes, and the number of years, not exceed-
ing ten, given for the maturity of each installment thereof ; but
no part of such cost shall be levied against any property owned
by the city, county or state. Certificates of such levies shall
be filed by the Collector or Treasurer, settng forth the amount,
percentage and maturity of said taxes 'and each installment
thereof upon, the assessed valuation of all the property in the
city, certified as correct by the Clerk or Recorder, and there-
upon slid taxes shall be placed upon the tax books and collect-
ed, as provided for the collection of other special taxes.
Sec. 978. SEWER FUND. —When the whole or any part
of the cost of the making or re -construction of any sewer shall
LAWS OF IOWA.
53
be ordered paid from the district or city sewer fund, the Coun-
cil may, after the completion, by resolution, levy at one time
the whole or any part of the cost of such sewer upon all taxable
real property within such sewer district or within the city, and
determine the whole percentage of taxes necessary to pay the
same, and the percentage to be paid each year, not exceeding
the maximum annual limit of said taxes, and the number of
years, not exceeding ten, given for the maturity of each install-
ment; but no part of such cost shall be levied against the prop-
erty owned by the city, county or state. Certificates of such
levies shall be filed with the Collector or Treasurer, setting
forth the amount or percentage and maturity of said taxes and
each installment thereof, with a sufficient description of the
boundaries of the particular sewer district, and of the real prop-
erty of the sewer district or city upon which taxes are levied,
duly certified as correct by the Clerk or Recorder, and there-
upon said taxes shall be placed on the tax books of the city and
collected as provided for the collection of other special taxes.
Sec. 828: PAYMENT. —The owner of any property
against which a street improvement or sewer assessment has
been levied shall have the right to pay the same, or the unpaid
installments thereof, with all interest, as the case may be, up to
the time of said payment, with any penalties and the cost of any
proceedings for the sale of the property for such special assess-
ment or installments. No part of the line of any railway or
street railway shall be released from the lien for any part of
any unpaid assessment which has been made against it for street
improvements, until the whole assessment shall have been paid.
If any owner of property subject to special assessment shall so
divide the same that the feet fronting upon such street improve-
ment or sewer are contained in two or more lots or parcels, he
may discharge the lien in like manner upon any one or more of
them, by payment of the amount unpaid, calculated by the ratio
of square feet in area of such lot or lots or parcel or parcels to
the area of the whole lot.
Sec. 832. COST OF REPAIRS.—Thecost of repair of
any street improvement or sewer, or any part thereof, in case
of sewers, may be paid from the city sewer fund, or the district
sewer fund of the district in which said repair is made, or from
the general revenue of said city, or part from each of said
funds ; and in case of street improvements, may be paid from
the city improvement fund, or the general revenue of said city.
Sec. 833. ASSESSMENTS NOT TO BE DIVERTED. —
All special assessments levied against abutting property and rail-
ways and street railways, for the payment of the cost of mak-
ams
54 LAWS OF IOWA.
ing or re -construction of street improvements or sewers, shall
be used for or appropriated to no other purpose than the pay-
ment in whole or in part of the cost of such work, or in pay-
ment of bonds or certificates issued to pay such cost, with the
interest thereon.
Sec. 834. ASSESSMENTS ON RAILWAYS AND
STREET RAILWAYS. —All railway and street railway com-
panies shall be required to make, construct and repair all pav-
ing, graveling or macadamizing between the rails of their
tracks, and one foot outside thereof, at their own expense, un-
less by ordinance of the city, or by virtue of the provisions or
conditions of any ordinance of the city which said railway or
street railway may have been constructed or may be maintained,
it may be bound to pave, gravel or macadamize other portions
of said street, and in that case said railway or street railway
shall make, re -construct and repair the paving, graveling or
macadamizing of that part of the ,street specified by such ordi-
nance ; and such improvement, or the re-constructnon or re-
pair thereof, shall be of the material and character ordered by
said city, and shall be done at the same time that the remainder
of said improvement is made, re -constructed or repaired.
When the same is made or completed, said companies shall
lay, in the best approved manner, such rail as the Council may
require. They shall keep the paving, graveling or macadam-
izing between said rails, and one foot outside thereof, or such
other part as they are liable to construct or maintain, up to
grade and in good repair, using for such purpose the same
material as is used for the original paving, graveling or ma-
cadamizing, or such other original paving, graveling or macad-
amizing, or such other material as the Council may order. If
the owner of said railway or street railway shall fail or refuse
to comply with the order of the Council to make, re -construct
or repair such paving, graveling or macadamizing, such work
may be done by the city, and the cost and expense thereof shall
be assessed upon the real estate and personal property of said
railway or street railway company within the corporate limits
of said city, and against such railway or street railway com-
pany, in the manner hereinbefore provided for the assessment,
of such cost against abutting property and the owners thereof.
Sec. 835. COST OF PAVING ALREADY LAID. —Be-
fore any street railway company shall lay its track upon any
street that has been paved, and which at the time is not being
re -paved, it shall pay into the city treasury the value of all
paving between its tracks, and one foot outside thereof, which
value shall be determined by the City Council, but in no case
shall exceed the original cost of the paving, and the money thus
LAWS OF IOWA. 55
paid shall be refunded to the abutting property owners on said
street in proportion to the amount originally assessed against
the property abutting thereon.
Sec. 84o. ENFORCING ASSESSMENT AGAINST
RAILWAYS AND STREET RAILWAYS. —All special as-
sessments made under this chapter against any railway or street
railway shall be a debt due personally from such railway. Such
special assessment and each installment thereof, and certificates
issued therefor when due, may be collected in the district or
superior court by action at law, in the name of the city or town
against such railway or street railway, or the lien thereof en-
forced against the property of such railway or street railway,
on or against which the same has been levied, by action in
equity, at the election of the plaintiff ; and in any action at
law where pleadings are- required, it shall be sufficient to declare
generally for work and labor done, or materials furnished, on
the particular street, avenue, alley or highway, the levy of the
tax and non-payment of the same ; and in any action in equity,
it shall be sufficient to aver the same matters, together with a
particular description of the property, or parts thereof, against
which such lien is sought to be enforced. Such action may be
maintained in the name of the city or town, for the use of any
person entitled thereto or any part thereof, upon .filing a bond
conditioned to pay all costs adjudged against the plaintiff and
protect it from all liability therefrom or damages growing
out of the same ; the amount of the bond to be fixed, by the
court, or a judge thereof in vacation, and the sureties thereon
to be approved by the clerk of said court.
Sec. 980. RE -LEVY. —When by reason of non -conform-
ity to any law or ordinance, or by reason of any omission, in-
formality, or irregularity, any special tax or assessment is
invalid, or is adjudged irregular, the Council shall have power
to correct the same by resolution or ordinance, including the
re -ordering of the work, and the preliminary notice, and may
re -assess and re -levy the same with the same effect and force as
if done at the proper time, and in the manner provided by law
or by resolution or ordinance relating thereto ; and when so
corrected it shall be a lien upon the property from the same
time and in the same manner and to the same extent as if the
original assessment and levy had been in all respects legal.
Sec. 981. CORRECTION. —When, in making any special
assessment, any property is assessed too high or too low, the
same may be corrected and a re -assessment and re -levy made,
and any taxes collected in excess of the proper amount shall be
refunded. The corrected assessment shall be a lien on the lots
56 LAWS OF IOWA.
and parcels of land the same as the original, and shall be certi-
fied by the Clerk or Recorder to the Collector or Treasurer in
the same manner, and, so far as possible, be collected in the
same installments, draw interest at the same rates, be enforced
in the same manner as the original assessments. Any provis-
ions of law, resolution or ordinance, specifying a time when or
order in which acts shall be done in the proceedings which may
result in any special assessment shall be taken to be subject to
the qualification of this and the . preceding section.
Sec. 982. FURTHER PROVISIONS AS TO SPECIAL.
ASSESSMENTS. —All special assessments, where no other
provision is made, shall be levied by the Council, and a copy
filed with the Clerk or Recorder, and entered upon the tax
book of the Collector or Treasurer, and be a lien upon the
property against which the same is assessed from the date of
the levy of such assessment, and shall be prior to all other liens
except ordinary taxes, and shall not be divested by any judicial
or tax sale. The lien of different special assessments shall
take priority in the order of their levy. Special assessments
shall take priority in the order of their levy. Special asses,-
ments shall bear interest at the rate of six per cent per annum
from the date of the levy, unless otherwise provided, and shall
become delinquent thirty days after the levy, and be collected in
the same manner, and, when delinquent, they shall bear the
same interest, with the same penalties, as ordinary taxes.
Sec. 983. SALE FOR. —The property upon which any
special assessment is a lien, where not otherwise provided, shall
be sold for delinquent assessments and interest in the same
manner, and with the same force and effect, as property sold
for ordinary delinquent city taxes; and tax sale certificates, cer-
tificates of redemption from tax sales, and tax deeds, shall be
made in the same way and with the same force and effect as in
sales for ordinary taxes.
Sec. 984. PERSONAL DEBT —ACTION TO EN-
FORCE. —All special assessments shall be a debt due person-
ally from the owner of the property against which the same are
levied. Such assessments, and each installment thereof, and
certificates issued therefor, when due, may be collected in the
district or superior court by action at law in the name of the
city against such owner, or the lien thereof enforced against the
real estate against which the same has been levied, by action in
equity at the election of the plaintiff ; and in any action at law
where pleadings are required, it shall be sufficient to declare
generally for work and labor done or materials furnished on
the particular street ; and in any action in equity it shall be
LAWS OF IOWA. 57
sufficient to aver the same matters, together with a particular
description of the property, or parts thereof, against which such
lien is sought to be enforced.
Sec. 985. PROCEEDINGS —Such action may be brought
against any or all of the owners of such property or land, but
may be severed, in the discretion of the court, for the purpose
of trial, review or appeal, and the judgment or decree shall be
rendered separately for the amount properly charged against
each. Such action may be maintained in the name of the city
or town, for the .use of any person entitled thereto or any part
thereof, upon filing a bond, approved by the Clerk of the court,
conditioned to pay all costs adjudged against the city, and to
protect it from all liability therefrom or damages growing out
of the same, in an amount to be fixed by the court or a judge
thereof.
Sec. 986. JUDGMENT. —The judgment or decree shall
be rendered for all work done and material furnished, properly
chargeable upon the property, or any part thereof, notwith-
standing any informality, irregularity, defect or omission on '
the part df the city or its. officers.
Sec. 987. STREET IMPROVEMENTS OR SEWER
BONDS OR CERTIFICATES. —For the purpose of providing
for the payment of the assessed cost of any street improvement
or sewer which has been, or is to be, assessed upon the prop-
erty abutting thereon or adjacent thereto, including railways
or street railways liable for the payment thereof, the Council
is authorized from time to time, as the work progresses or is.
completed, to make requisition on the Mayor for the issuance of
bonds or certificates, as herein provided, in such denominations.
as shall be deemed best, in anticipation of the deferred payment
of the taxes, levied or to be levied for such improvement. It
shall be the duty of the Mayor to make and execute bonds or
certificates accordingly, to an amount not exceeding the cost
and expense of such improvement to be actually assessed on the
property liable for the payment of the same. The bonds shall
bear the name of the street, place or district improved, or in
which any sewer is constructed, which street or place shall be
particularly described in the resolution authorizing such issue,
and such bonds shall be signed by the Mayor, countersigned by
the Clerk or Recorder, and sealed with the corporation seal,
and shall bear the same date and be payable at the time fixed
in said resolution, and be redeemable at any time at the option
of the city, and shall bearesemi annually. not
The bonds shall
per cent per annnumm, payable
be substantially in the following form:
58 LAWS OF IOWA.
The City of , in the State of Iowa, promises
to pay, as hereinafter stated, to the bearer hereof, on the
day of , or at any time before that date, the sum
of Dollars, with the interest thereon at the rate of
per cent per annum, payable on the presentation and sur-
render of the interest coupons hereto attached. Both principal
and interest of this bond are payable at the
Bank in the City of , State of . This
bond is issued by the City of , pursuant to and by
virtue of the laws of the State of Iowa, and the ordinance of
said city passed in accordance therewith, and in accordance with
a resolution of the Council of said City, duly passed on the -
day of A. D.,
This bond is one of a series of bonds of like tenor, date
and amount, numbered from to and issued
for the purpose of defraying the cost of improving, curbing and
paving a portion of street or streets in said
city.(or constructing a sewer on Street) as de-
scribed in said resolution, which cost is assessable to and levied
on the property along said improvements, and is made by said
law a lien on all abutting or adjacent property, and payable in
annual installments, with interest on all deferred payments at
the rate of six per cent per annum, and this bond is payable
only out of the money derived from the collection of said
special tax, and said money can be used for no other pur-
pose. And it is hereby certified and recited that all the acts,
conditions and things required to be done, precedent to and in
the issuing of this series of bonds, have been done, happened
and performed, in regular and due form, as required by said law
and ordinance; and for the assessment, collection and payment
hereon of said special tax, the full faith and diligence of said city
of are hereby irrevocably pledged.
In testimony whereof, the City of , by its
City Council, has caused this bond to be signed by its Mayor
and countersigned by its City Clerk, with the seal of said city
affixed, this day of , A. D., i
No
On the
City Clerk.
COUPON.
Mayor.
day of the City of
Iowa, promises to pay to bearer, as provided in said bond,
the sum of Dollars, at the Bank,
tot
LAWS OF IOWA. 59
in the City of , being-- ------
interest due that day on its improvement bond No
dated A. D., i
Countersigned:
months'
Mayor.
City Clerk.
It shall be the duty of the city, its council and officers, to
comply with the requirements of this chapter in the issuance of
said bonds or certificates, and to assess and levy upon the
property liable therefor the cost and expenses of such improve-
ment or improvements, and to collect the same, and to apply the
proceeds to the redemption of such bonds and certificates, and
to no other purpose; and they shall be payable only out of the
fund derived from such assessment. The city shall not be
obliged to appropriate money from any other part found
tohe the
pay-
ment of such bonds or certificates or any
e.
Sec. 988. APPROPRIATION OF PROCEEDS. —No
money received from the sale of street improvement or sewer
bonds or certificates shall be paid out except upon the resolu-
tion of the Council ordering the same, and no resolution for the
delivery of any bonds or certificates shall be made until the
certificate of the Engineer, or other person selected therefor,
has been filed, showing that work has been done or material
furnished to the amount of such order.
Sec. 989. LIMITATION OF ACTION QUESTION-
ING. —No action shall be brought, questioning the legality
of any street improvement or sewer certificates or bonds, from
and after three months from the time the issuance of such cer-
tificates or bonds is ordered by the proper authority.
Sec. 841. CERTIFICATES ISSUED —The Council may
provide by ordinance or resolution, for the issuance of street
improvement and sewer certificates, payable to bearer, or to the
contractors who have constructed any street improvement or
sewer, or completed part thereof, within the meaning of chap-
ter Seven of this title, in payment or part payment therefor,
each of which certificates shall state the amount of one or more
assessments, or .a part thereof, made against the property, des-
ignating it, including railways and street railways, and the
owners thereof liable to assessment for the cost of the same.
and may negotiate the same. Such certificate shall transfer to
the bearer, contractor or assigns, all the right and interest of
the city in every assessment or part thereof described therein,
and shall authorize such bearer, contractor, or assigns to collect
60
LAWS OF IOWA.
and receive every assessment embraced in such certificate, by
or through any of the methods provided by law for their col-
lection, as the same mature. Said certificates shall bear in-
terest at a rate not exceeding six per cent per annum, payable
annually or semi-annually as fixed by said Council, and may be
paid by the taxpayer to the County Treasurer, who shall re-
ceipt for the same and cause the amount paid to be applied to
the payment of the certificate issued therefor. No certificate
shall be issued or negotiated by the city for less than its par
value, with accrued interest up to the date of the delivery br
transfer thereof.
Sec. 844. HOW ISSUED. —When such bonds have been
issued they shall be delivered to the Clerk, who shall register
them in a book or books to be kept for that purpose, counter-
sign them, and then deliver the same to the City Treasurer or
some bank selected by the Council, which may require of the
Treasurer or bank such security or such additional security as
it may think necessary to secure the payment in full of the
proceeds thereof. The City Treasurer shall report to the
Clerk the number of bonds delivered by him, and the amount
received therefor, or for which credit has been given by the
contractor.
Sec. 845. SALE. —The bonds may be sold at public or
private sale, but shall not be sold or negotiated for less th?an
their par value with accrued interest from date to the time of
delivery thereof. All the proceeds of bonds and of certificates
negotiated shall be paid to the City Treasurer, and shall be used
only to pay for the cost of street improvements or sewers in-
cluded in the assessment or assessments pledged to the pay-
ment thereof. All money received by said Treasurer as pro-
ceeds of said bonds or certificates shall be kept in the same
manner and subject to all the regulations regarding other
money of the city, except that he shall keep an account of each
levy of such special assessments and all interest received and
paid shall be credited and charged to such fund.
Sec. 847. BONDS PAID. —Such street improvement and
sewer certificates, bonds and coupons shall be payable out of
funds derived from the special taxes and interest thereon
pledged to the payment of the same, and such certificates or
bonds shall not be delivered in excess of the special taxes lev-
ied; but such certificates, bonds and coupons shall not make
the city liable in any 'way, except for the proper application of
said special taxes. If any interest shall become due on any of
said bonds when there is no fund from which to pay the same,
the Council may make a temporary loan for the payment there -
LAWS OF IOWA.
61
of, which loan shall be repaid fromthe
special
se axes as purcdin the
est pledged to secure said bonds, tax is
city at tax sale of the property on which suchimprovement fund.levied, it
shall then be repaid from the city
Sec. 848. REFUNDING BONDS. —Refunding bonds
may be issued to pay off and take up bonds issued in payment
for street improvements and sewers made under prior laws, or
to refund any part thereof. Bonds thus issued shall substan-
tially conform to the provisions of this chapter, and the face
amount thereof shall be limited to the amount ofthe to unpaid
special assessments, with the interest thereon, applicable
the
d
payment prbonds
refund refunding bonds thus issuedlmusobe k npt
street improvement
separate. Said refunding bonds or their proceeds shall be used
only to pay street improvement or sewer bonds so taken up.
Sec. 849. HOW PAID. —When refunding bonds shall be
issued to pay street improvement or sewer bonds issued under
prior laws, 'all special assessments, taxes and ssinking sued shall
funds ap-
plicable to the payment of such bonds previously
be applicable in the same manner and to the same extent to the
payment of the refunding bonds issued eadss er, ndaal and
the
powers and duties to levy and collect special
taxes, to create liens upon property, and to establish sinking
funds in respect of the bonds previously issued shall continue
until all refunding bonds shall be paid. The city shall collect
the special assessments out of which the said bonds are payable,
and hold the same
bonds, but ate and
t shall beapart en not for the way liable payment
of said refunding for the proper application of said assessments;
o assessmentsbuhe oprovis-
ions of this section shall not apply
s
adjudicated to be void.
Sec. 991. PARK COMMISSIONERS. —Such cities
may
provide by ordinance for the election of three p
arksioners and their compensation, and the terms thereof shall be
three, four, and five years, respectively, and their successors and such park
shall be elected for the full term of five years,
commissioners shall reside in the city. The
and csommissioners
shall have exclusive control of all city p
improve, and supervise the same.
Sec. 992. PARK TAX. —The Council may, by resolution,
submit to the electors of such city, at a regular or special elec-
tion, the question whether there shall be levied upon the assess-
able property thereof a tax, not exceeding two mills on the
dollar,lfor v the purpose
trof parksP orc fors eitherg forstate both.
Parks and
then
P o
6_'
LAWS OF IOWA.
Sec. 993 PARKS USED FOR LIBRARY BUILDING.
—Such cities shall have power to use any public park, square
or plat of ground located within their corporate limits for erect-
ing thereon a free public library building or buildings.
Sec. 994. PARK FUND. —The Council, in the resolution
ordering such election, shall specify rate of taxation proposed,
and the number of years the same shall be levied, and, if a ma-
jority of the votes cast on such question shall be in favor of
such taxation, the Council shall levy the tax so authorized
which shall be collected and paid over to the Treasurer, and
shall be known as the "park fund," and shall be paid out on
the order of the commissioners, and expended only for the pur-
poses herein provided.
Sec. 995. POWERS AND DUTIES OF COMMIS-
SIONERS. —The commissioners may use such fund for im-
proving the parks, for purchasing additional grounds, or laying
out and improving avenues leading thereto, and do all things
necessary to preserve such parks; and they may appoint one
or more park policemen and may pay such police force out of
said fund. They shall keep an account of their disbursements,
and orders drawn on said fund shall be signed by at least two
of the commissioners.
Sec. 996. BOND. —They shall each give a bond to the
city in the sum of five thousand dollars before they shall be
permitted to enter upon their duties, which shall be approved
by the Council, and be retained in the office of the Clerk or
Recorder.
Sec. 997. PROTECTION OF PARKS. —It shall be
deemed a misdemeanor for any person to cut, break or deface
any tree or shrub growing in any such park, or street leading
thereto.
Sec. 998. BOARD OF PUBLIC WORKS. —Such cities
shall have power to establish a board of public works, con-
sisting of not more than three members. The members of the
board shall consist of one commissioner appointed by the
Mayor with the approval of the Council; when the board con-
sists of two members, the associate member shall be the City
Engineer; when the board consists of three members, the asso-
ciate members shall be the City Engineer and Street Commis-
sioner, and shall be appointed for such length of time, possess
such qualifications, receive such compensation, be removed for
such causes, possess such powers, perform such duties, be gov-
erned by such rules and regulations, as may be prescribed by
ordinance.
LAWS OF IOWA, 63
Sec. 999. CONDEMNATION OF LAND. --They shall
have power to purchase and provide for the condemnation of,.
and pay out of the general or grading fund, or assess and levy
the whole or part of the cost thereof upon the property
ene-
fitted thereby, and enter upon and take any lands withinor
without the territorial limits of such city, for the followingp ur-
poses : First —For parks, commons, cemeteries, crematories,
hospital grounds, natatoriums or public baths. Second —For
establishing, laying out, widening, straightening, narrowing, ex-
tending and lighting streets, avenues, highways, alleys, land-
ing places, public squares, public grounds, public markets or
market places and public slaughter houses. Third. —For any
other purpose, where such purchase or condemnation is here-
in, or in the charters of such cities, or may hereafter be author-
ized.
Sec. i000. PURCHASE OF REAL ESTATE ON EXE-
CUTION. —They shall have power to acquire real estate, or
any interest therein, as a purchaser at an execution sale, when
judgment is entered in favor of the city, or when it has a lien
thereon, or is otherwise interested therein.
Sec. iooi. CONVEYANCE OF LAND. —They shall
have power, by a three -fourths vote of all members of the Coun-
cil, to dispose of and convey lands unsuitable, insufficient or
unnecessary for the purposes for which they were originally ac-
quired ; but when such lands are disposed of, enough shall be
reserved for streets to accommodate adjacent property own-
ers ; and to dispose of the title or interest of such city and real
estate, or any lien thereon, or share or certificate therefor,
owned or held by it, including any street or portion thereof
vacated or discontinued, however acquired or held, upon
h
terms as the Council shall direct. Conveyance executed in
accordance with this section shall extinguish all the rights and
claims of the city existing prior thereto.
Sec. 1002. PROCEEDINGS TO CONDEMN. —Pro-
ceedings for condemnation of land as contemplated in this
chapter shall be in accordance with the provisions of this code
relating to taking private property for works of internal im-
provement, except that the jurors shall have the additional
qualification of being freeholders of the city, or as provided in
the charters of said cities.
Sec. ioo3. TAXES —LEVY OF. —The Council shall levy
a tax for the year then ensuing for the purpose of defraying its
general or incidental expenses, which shall not exceed eight
mills on the dollar of the assessed valuation of all taxable prop-
erty in the city, but the aggregate of such levy, together with
64 LAWS OF IOWA.
all the levies for special purposes as hereinafter authorized,
shall not exceed in any city in any one year sixteen mills, and in
cities having a population of over twenty thousand as shown by
the last state census, not exceeding twelve mills on the dollar,
excluding city and district sewer tax, road district tax, and any
tax levied to pay the principal or interest on any bonds issued
by such city, or tax levied to pay judgments, or taxes author-
ized by vote of the people for library, park or bridge purposes.
Sec. 888. CITY BRIDGE FUND. —Cities of the first
class may annually levy a tax not exceeding three mills on the
dollar, to be known as a city bridge fund.
Sec. 889. TAXING DOGS AND OTHER ANIMALS.
—The Council of any city or town shall have power to levy and
collect a tax on dogs and other domestic animals not included
in the list of taxable property for state and county purposes.
Sec. 89o. ROAD TAXES ON AGRICULTURAL
LAND. —All property subject to taxation in any city or town
which by law is not subject to taxation for general municipal
purposes, and all personal property necessary for the use and
cultivation of agricultural or horticultural lands, shall never-
theless be liable to taxation for road purposes, as may be pro-
vided by the Council, not exceeding the rate of five mills upon
the dollar of the assessed valuation thereof, but it shall not be
liable for any other city tax.
Sec. 891. LABOR ON HIGHWAYS. Any city o'r town
shall have power to provide that all able-bodied male residents
of the corporation between the ages of twenty-one and forty-
five years, between the first day of January and the first day of
November of each year, either by themselves or satisfactory
substitute, shall perform two days' labor of eight hours each
upon the streets, avenues, alleys, highways or public grounds
within such corporation, at such times and places as the proper
officer may direct, upon three days' notice in writing given, or
pay in lieu thereof in money a sum to be fixed by such Council,
not exceeding one and a half dollars for each of such day's
labor. For each day's failure to attend and perform the labor,
or pay said sum of money, as required, at the time and place
specified, unless excused by the supervisor of highways or
NOTE. —Wherever the words " Board of Supervisors," " County Auditor"
or " Recorder of Deeds " and " County Treasurer," are used in any section
made applicable by Chap. 14 of Title V of the Code to Cities acting under
Special Charters, the words "City Council," "City Clerk or Recorder" and
" City Collector or Treasurer," shall be respectively substituted, ( Chap. 28,
27th G. A., Sec. 4.)
LAWS OF IOWA. 65
street commissioner, the delinquent shall forfeit and pay the
sum of two dollars, not, exceeding four dollars in all. Any
person excused shall be again notified to perform such labor or
pay said 'sum of money in lieu thereof, at any time prior to No-
vember first of said year. All persons claiming to be exempt
from labor under this section shall, within three days after re-
ceiving notice to perform such labor, furnish the Mayor or other
proper officer with an affidavit showing the extent 'and nature
of the disabilities entitling him to such exemption. If he fails
to do so he shall be liable to perform such labor or pay the
penalty provided herein.
Sec. 892. ENFORCEMENT OF ROAD TAX. —In case
of failure to pay said sum of money in lieu of said labor, to-
gether with said forfeit, to the supervisors of highways, street
commissioner, or other officer of said corporation authorized
to receive the same, within ten days from the expiration of the
time fixed for the performance of such labor, said corporation
may recover the same by action brought in the name of such
city or town before the Mayor of said corporation, or before
any Justice of the Peace in the proper township. No property
or wages belonging to said person shall be exempt to the de-
fendant on an execution issued for said judgment and costs.
The tax and forfeit money so collected shall be expended upon
the streets, avenues, highways, alleys or public grounds of said
corporation. All of such tax and forfeit money remaining un-
paid on the first day of November in each year may be certified
to the City Auditor at any time before the following first day
of December, and shall be entered by him upon the tax list of
said city, and treated and collected as ordinary city taxes,
and shall be a lien on all the real property of the delinquent.
Sec. 893. ACTION. —But the entry of such tax and pen-
alty upon the tax list shall not prevent an action being brought
therefor as hereinbefore authorized. Such action, however,
must be commenced within one year from the first day of
October following the giving of notice to perform the labor.
In event of judgment being rendered therefor and paid in whole
or part after the same has been certified to the City Auditor,
the court receiving such payment shall execute duplicate re-
ceipts, exclusive of cost, if so requested, and upon filing such
receipt or duplicate with the City Auditor he shall make the
proper entries on the tax lists, showing the full payment of such
tax and penalty or part thereof, as the case may be.
Sec. roo5. They shall have power to levy annually the
following taxes for 'special purposes
1. GRADING FUND. —A tax not exceeding three mills
on the dollar for a grading fund, to be used for the purpose of
n4
66 LAWS OF IOWA.
opening, widening, extending or grading any street, public
ground or market place.
2. IMPROVEMENT FUND. -A tax not exceeding
three mills on the dollar for the city improvement fund, to be
used for the purpose of paying the cost of the making, re -con-
struction and repair of any street improvement at the inter-
section of streets, and spaces opposite streets interesecting but
not crossing, and the spaces opposite property owned by the
city or state.
3. SEWER FUND. —A tax not exceeding three mills on
the dollar on the assessed valuation of all the property therein,
for the city sewer fund, to be used to pay the cost of making,
re -constructing or repairing any sewer at the intersection. of
streets, .and all spaces opposite streets intersecting but not
crossing, and at spaces opposite property owned by the city
or state, or to pay the whole or any part of the cost of making,
re -constructing or repairing any sewer within the limits of such
city. When the city has been divided into sewer districts, a
tax not exceeding five mills on the taxable real property in the
sewer district, for the district sewer fund, to be used to pay,
in whole or in part, the cost of the making, re-donstruction or
repair of any sewer located or laid in that particular district;
provided that, on petition of the owners of two-thirds in value
of all the taxable real estate within such sewer district for the
construction of a sewer in such district, then the maximum per-
centage of taxes that can be levied in any one year shall not
be limited to five mills, but shall be such percentage of the valu-
ation of such property as will produce at least one -tenth of the
whole cost of such sewer assessable upon the real property in
such district.
4. FIRE FUND. —A tax not exceeding three mills on
the dollar for the purpose of creating a city fire fund, to be used
for paying the expenses of organizing, keeping and maintain-
ing a fire department, including the expenses of constructing,
purchasing, leasing and maintaining the proper and necessary
buildings, grounds and apparatus therefor.
5. ROAD FUND. —When any city is divided into road
districts .a tax not exceeding two mills on the dollar on all tax-
able property in such road district, to be known as the district
road fund, and to be used only to pay the cost of cleaning,
sprinkling and repairing the streets and public places in such
district.
6. LIBRARY TAX. —In cities which have established,
or may establish, a free public library, a tax not exceeding one
mill on the dollar, to be used therefor, and to pay the interest
LAWS OF IOWA.
67
on any indebtedness for the purchase of the real estate, and
the erection of a building or buildings thereon, for free public
library purposes.
7. TAX FOR WATER AND GAS WORKS AND
ELECTRIC PLANTS. —A tax not exceeding five mills on the
dollar, which, with the -rates, rents or revenues derived there-
from, shall be sufficient to pay the expenses of running, ope-
rating and rep'airing, water and gas works, electric light and
power plants, owned and operated by such city, and the interest
on or principal of any bonds issued to pay the cost of the con-
struction of such works ; but such taxes shall not be levied upon
the property which lies wholly without the limits of the benefits
or protection of such works or plants, which limits shall be
fixed by the Council each year before making the levy.
8. TAX FOR WATER, GAS AND ELECTRIC LIGHT
OR POWER. —A tax, not exceeding five mills on the dollar
for the purpose of paying the amount due, or to become due,
to any individual or company operating water or gas works or
electric light and power plants, for water, light gas or power
supplied to the city, the levy to be limited to the property bene-
fitted thereby.
9. BOND FUND. —A tax for the purpose of creating a
bond fund sufficient to pay the interest, to accrue before the
next annual levy, on funding or refunding bonds outstanding,
and to pay the principal of such funding or refunding bonds.
In case of such bonds, the levy shall be so made that, dividing
the principal into as many parts as the bonds have years to run,
not less than one such part shall be levied each year, and shall
be made so that the fund derived therefrom shall be available
and sufficient to pay the bonds at their maturity.
io. WATER AND GAS OR ELECTRIC LIGHT AND
POWER BONDS. —A tax to be used exclusively in payment
of the principal and interest of bonds issued for the construction
of water and gas works, electric light and power plants, and
which shall be levied in the manner provided in the preceding
sub -division.
Ii. PARK TAX: A tax not exceeding two mills on the
dollar, as authorized by the vote of the electors, to purchase,
improve and maintain public parks in such city.
12. SPECIAL BRIDGE TAX. —A special tax to aid in
the construction of bridges, when such tax has been voted by
the electors of the city under the provisions of Section Seven
Hundred and Sixty of Chapter Six of this Title.
•
68
LAWS OF IOWA.
Sec. ioo6. EXCESS OF JUDGMENT OR BOND TAX
—When a tax has been levied to pay any judgment against any
such city, or the principal and interest of funding or refunding
bonds issued by such city, or for any other special purpose,
such tax shall not be held invalid if the amount received ex-
ceed the amount sought for such specific object, but the excess
shall go into the general fund. Money so raised is especially
appropriated for such purposes, and shall constitute a distinct
fund in the hands of the treasurer until the obligation is dis-
charged.
Sec. Ioo7. ANTICIPATING REVENUE. —Loans may
be negotiated or warrants issued by any such city in anticipa-
tion of its revenues for the fiscal year in which such loans are
negotiated or warrants issued, but the aggregate amount of
such loans and warrants shall not exceed one-half the estimated
revenue of such corporation for the fund or purpose for which
the taxes are to be collected for such fiscal year.
Sec. 899. HIGHWAYS OUTSIDE OF CORPORATE
LIMITS —QUESTION SUBMITTED —When a petition shall
be presented to the Council of any city or town, signed by one-
third of the resident taxpayers thereof, asking that the question
of aiding in construction or repair of any highway leading there-
to be submitted to voters thereof, the Council shall immediate-
ly give notice of a special election by posting a notice in five
public places in said city or town at least ten days before said
election, which shall give the time and place of holding the
election, the particular highway proposed to be aided, and the
proportion of the highway tax then levied and not expended, or
next thereafter to be levied, to be appropriated. At this elec-
tion a proposition for an appropriation of a portion of the
highway tax to aid in the construction or repair of the partic-
ular highway, and the proportion of such tax proposed to be
so appropriated, shall be submitted to the voters of such city
or town, and the Clerk shall cause the proposition to be printed
and placed upon the ballots and the election shall be conducted
in the same manner as provided with respect to like or similar
propositions in the chapters on elections, and if a majority of
the votes polled be for adoption of the proposition, then
the Council may aid in the construction or repair of said
highway to the extent of said appropriation, which shall not
exceed fifty per cent of such tax, in the same manner as they
otherwise would were said highway within the corporate limits
of said city or town. No part of such tax shall be used or ex-
pended more than five miles from the limits of such city or
town, and not more than twenty-five per cent thereof more
than two miles from such limits.
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LAWS OF IOWA.
6.9
Sec. 9o1. LIST OF WARRANTS. —The officer drawing
such warrants, on the first Monday of each month, shall 'furnish
the Council a sworn and complete list of all warrants,
and the
amount thereof, drawn by him during the preceding month,
which list shall state on whose account and the object and pur-
pose for which each warrant was drawn.
Sec. 904. DIVERSION OF FUNDS. —Any Councilman
or officer of a city or town who shall participate in, advise, con-
sent to, permit or allow any tax or assessment levied by such
city or town, or by other lawful authority, for city or town
purposes, to be diverted to any purpose other than
i theed on ne for
b-
which it was assessed and levied, except as p
division Seven, Section Eight Hundred and Ninety-four, of
Chapter Eleven of this Title, or shall in any way become a party
to such diversion, shall be guilty of embezzlement.
Sec. Ioo9. WARRANTS. —The Auditor, Clerk, or other
officer whose duty it is to draw warrants shall draw no warrant
except upon the vote of the Council, and no warrant for an
amount in excess of five hundred dollars.
Sec. IOIo. LEVY AND COLLECTION OF TAXES.—
•
The Council shall have power to levy and collect taxes for all
general and special purposes in this chapter authorized, upon
all property within the city not exempted from taxation by the
general law of the state, and to fix the number of mills to be
levied on the value thereof, which shall be ascertained by the
Assessor of said city, and the Council shall provide by ordi-
nance the time and manner of taking such assessment, when
the same shall be equalized and returned to the Auditor or Re-
corder, and for the assessing and placing upon the tax list all
property that may have been omitted, overlooked, brought into
the city before the levy of said tax, or otherwise not returned
by the Assessor, and to fix the same when such officer shall
make out and deliver a copy of the assessment and the taxes
levied thereon to the Collector or Treasurer. The Council
may provide by ordinance for certifying all taxes in Section nd ssess-
hine
ments to the City Auditor, as provided
Hundred and Two, Chapter Eleven of this Title, which shall be
applicable to the city adopting the provisions thereof, and the
taxes so certified shall be collected and paid over in the sane
way, with the same penalties, rights and liabilities, as in and
for other cities to which such Section is applicable.
Sec. IOIi. ASSESSMENT. —All the property of indi-
viduals, companies, co -partnerships and corporations, shall be
listed and returned by the Assessor for city taxation; and the
duty of the owner, officer, agent or individual having control of
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LAWS OF IOWA.
the same to assist the Assessor in listing the same, and the
penalties for hisneglect or refusal so to do, shall be as provided
in Title Seven of this Code, so far as the same may be applicable
and not in contravention of any of the provisions herein, or of
the charters of such cities ; but the equalization of all assess-
ments shall be made by the Council as provided by ordinance
or the charters of said cities.
Sec. 1012. SALE. —Such cities shall have power and
shall provide by ordinance when general or special taxes and
assessments shall become delinquent, and the rate of interest
which they thereafter bear, not exceeding ten per cent per an-
num on the whole amount thereof, including penalty ; and for
the sale of both real and personal property for the collection
ofgeneral and special delinquent taxes and assessments, on
such terms as the Council may determine ; and in the sale of
real property for taxes and assessments, the notice of the time
and place of such sale will be given by the Treasurer or Col-
lector, and shall contain the description of each separate tract
to be sold, as taken from the tax list; the amount of taxes for
which it is liable, delinquent for each year, and the amount of
penalty, interest and cost thereon, the name of the owner, if
known, or the person, if any, to whom it is taxable, by pub-
lication in some newspaper in the city once each week for three
consecutive weeks, the last of which shall be at least one week
before the date of such sale, and by posting a copy thereof 'at
the door of the office of the Collector or Treasurer one week
before the day of such sale. The compensation for such pub-
lication shall not exceed twenty cents for each description, and
shall be paid by the city. The amount paid therefor shall be
collected as a part of the costs of sale and paid into the treas-
ury, and no irregularity or informality in the advertisement shall
affect the legality of any sale or the title of any property con-
veyed, if it shall appear that said property was subject to tax-
ation for the year or years for which the same was sold, and
that the tax was due and unpaid at the time -of sale; and in all
cases such advertisement shall be sufficient notice to the own-
ers and persons having an interest in or claiming title to any
lot or parcel of real estate, of the sale of their property for de-
linquent taxes, and a failure of the Collector to make personal
demand of taxes shall not affect the validity of any sale or the
title of any property acquired under such sale.
Sec. 1428. SALE ADJOURNED. —When all the real es-
tate advertised for sale has been offered, and a part remains
unsold for the want of bidders, the Treasurer shall adjourn the
sale to some day not exceeding two months from adjournment,
due notice of which day shall be given at the time thereof, and
LAWS OF IOWA.
71
by keeping such notice posted in a conspicuous place in his
office, and no further notice shall be necessary. On the day
fixed by the adjournment, the same proceedings shall be had as
in the first instance. Further adjournment shall be made from
time to time, not exceeding two months, and the sales thus
continued until the next regular annual sale, or until all the
taxes are paid.
Sec. 2456. MANUFACTURE OF LIQUORS, GRANT-
ED ON STATEMENT OF CONSENT. —Whenever the
Council of any city containing a population of five thousand
or more shall, upon a written statement of consent of fifty per
cent of the legal voters who voted at the preceding general
election, grant its consent to manufacture within the limits of
such city, for sale, spirituous, malt and vinious liquors as here-
inafter provided ; or, whenever the Board of Supervisors of any
county shall, upon a written statement of consent of sixty-five
per cent of the legal voters who voted at the preceding general
election, residing in said county, and without the limits of any
such city, grant consent to manufacture, within the limits of any
city or town of less than five thousand population in such coun-
ty, spirituous, malt, or vinous liquors for sale as hereinafter
provided, any _person, partnership or corporation within such
city, containing a population of five thousand or more, or any
city or town containing a population of less than five thousand,
as the case may be, manufacturing or selling any spirituous,
malt, or vinous liquors at wholesale, and to dealers only, or any
carrier transporting the same, shall be exempt from all penal-
ties now provided by law for manufacturing, selling, or trans-
porting spirituous, malt, or vinous liquors ; but no spirituous
or malt liquors shall be sold or shipped in quantities of less than
four gallons or an eighth of a barrel, contained in a single case;
vessel, or package ; and no such vinous liquors shall be sold or
shipped in less quantities than two dozen pints or one dozen
quarts in any one case or package.
Sec. 2457. IN CITIES UNDER FIVE THOUSAND
OR TOWNS. —Manufacturing of liquors, mentioned in the
preceding section, shall not be carried on in any city or town
of less than five thousand inhabitants unless fifty per cent of
the legal voters who voted at the preceding election have signed
such statement of consent.
Sec. 2458. SUFFICIENCY OF STATEMENT —FIND-
ING —APPEAL. —Any City Council or Board of Supervisors
as the case may be, at any special or regular meeting, shall
determine the legality and sufficiency, as herein provided, of
any such written statement of consent to manufacture such
7/01.11.1
72
LAWS OF IOWA.
liquors, and from such determination such person, partnership
or corporation, or County Attorney, may appeal to the district
court, in which the matter shall be tried and disposed of as
an equitable action.
Sec. 2459. LIMITS —OBLIGATIONS ENFORCED. —
No establishment or building for manufacturing any of such
liquors herein contemplated shall be erected within three hun-
dred feet of any school house or any building commonly used
for school purposes, or academy, or college, or of any church
or usual place of worship of any religious organization, and all
obligations incurred by reason, of the manufacture, sale, or
transportation of any liquors as specified in the third preceding
section of this chapter shall be enforceable in the courts of this
state.
Sec. 246o. DRINKING AND RETAILING ON THE
PREMISES. —Any person, partnership or corporation operat-
ing any brewery, distillery or place where wine is manufac-
tured, permitting any drinking of such products or selling the
same at retail upon the premises of any such manufacturing
establishment, shall forfeit the exemption hereby contemplated
to be granted.
Sec. 2461. ONLY IN CITIES AND TOWNS WHERE
SELLING IS PERMITTED. -Such consent to manufacture
shall be granted only in such cities or towns as shall have
granted permit to sell spirituous, malt and vinous liquors under
the provisions of this chapter.
Sec. Io14. TAX LIST. All assessments and taxes levied
by the Council, except as otherwise provided by law, shall be
placed by the Auditor, Clerk or Recorder, as provided by or-
dinance, upon the proper tax book, to be known as the "tax
list," properly ruled and headed with distinct columns to cor-
respond with the assessment books, with a column for polls
and one for payments, and he shall complete the same by car-
rying out the consolidated tax and all other taxes levied, and
at the end of the list shall make an abstract thereof and appor-
tion the consolidated tax among the respective funds to which
it belongs, according to the number of mills levied for each,
and certify the same to the collector or treasurer at or before
the regular time for the collection and payment of taxes.
Sec. Io15. LIEN OF TAXES. Taxes upon real estate
shall be a lien thereon against all persons except the state.
Taxes due from any person upon personal property shall be a
lien upon any and all real estate owned by such person or to
which he may acquire title. As between vendor and vendee,
such lien shall attach to real estate on the thirty-first day of
LAWS OF IOWA.
73
December following the levy, unless otherwise provided in this
chapter. Taxes upon stocks of goods and merchandise shall
be a lien thereon, and shall continue a lien thereon u laser sold
in bulk, and may be collected from the owner, p
or
vendee, but the property of the seller thereof shall be first
exhausted for the payment ; and all of such taxes shall remain
a lien on the property aforesaid from and after the date of the
levy in each year. The collection of such taxes and the en-
forcement of such lien may be, in addition to the remedies here-
in provided, enforced by suit, as is authorized by Sections Nine
Hundred and Eighty-four, Nine Hundred and Eighty-five and
Nine Hundred and Eighty-six of this chapter.
Sec. Ioi6. TAX RECEIPT. —The Collector or Treasurer
shall in all cases make out and deliver to the taxpayer a receipt,
which receipt shall contain the description and the assessed
value of personal property, and in case the property has been
sold for taxes . and not redeemed, the date of such sale and to
whom sold, also the amount of taxes, interest and costs paid ;
and the Collector or Treasurer shall give separate receipts for
each year; whereupon he shall make proper entries of such
payments on the books of his office. The Council may provide
by ordinance that no person shall be permitted to pay taxes of
any one year until the taxes for the previous years shall be
first paid; and provide that the receipt herein contemplated
shall be conclusive evidence that all taxes, and costs of every
kind against the property described in such receipt, are paid to
the date of such receipt; and provide that for any failure or
neglect on the part of the Collector, or on the part of any one
acting as Collector, he and his bondsmen shall be liable to an
action on his official bond for damages sustained by any person
or the city for such neglect.
Sec. Io17. SALE. —The Treasurer or Collector of taxes,
or person authorized to act as Collector, shall make, sign and
deliver to the purchaser of any real property sold for the pay-
ment of any taxes or special assessments authorized by the
provisions of this chapter, or by any law applicable to such
cities, a certificate of purchase, which shall have the same force
and effect as certificates issued by county treasurers for the sale
of property for delinquent county taxes.
Sec. ioi8. REDEMPTION. —Real property sold under
the provisions of this chapter, or by virtue of any power hereto-•
fore given, may be redeemed before the time of redemption ex-
pires, as hereinafter provided, by payment to the Treasurer,
Collector, or person authorized to receive the same, to be held
by him subject to the order of the purchaser on surrender of
74'
LAWS OF IOWA.
the certificate, or in case the same is lost or destroyed, on his
making affidavit of such fact, and of the further fact that it
was not assigned, of the amount for which the same was sold,
and ten per cent of such amount immediately added as a pen-
alty, with eight per cent per annum of the whole amount thus
made from the dayof sale, and the amount of all taxes, either
general or special, with interest and costs, paid at any time by
the purchaser or his assignee subsequent to the sale, and a simi-
lar penalty of ten per cent added as before on the amount of the
payment made at any subsequent time, with eight per cent in-
terest per annum on the whole of such amount or amounts from
the day or days of payment; provided that such penalty for
the non-payment of the taxes at any subsequent time or times
shall not attach, unless such subsequent taxor taxes shall have
remained unpaid for thirty days after they became delinquent.
The Treasurer, Collector or person authorized to receive the
same, upon application of any party to redeem real property
sold as aforesaid, and being satisfied that such person has a
right to redeem the same, and on payment of the proper
amount, shall issue to such party a certificate of redemption,
in substance and form as provided for the redemption of prop-
erty sold for state nd county taxes, and shall make proper en-
try thereof in the sale book, which redemption shall thereupon
be deemed complete without further proceedings. The pro-
visions of Sections Fourteen Hundred and Thirty-nine, Four-
teen Hundred and Forty, and Fourteen Hundred and Forty-one
of Chapter Two, Title Seven, of this Code, shall, so far as the
same shall be applicable, and are not herein changed or modi-
fied, apply to sales of real estate for delinquent taxes herein
contemplated ; but where the words "City Clerk," "Recorder,"
"Auditor," or "person authorized to make out the tax list," and
"City Collector," or "City Treasurer or officer authorized to re-
ceive same" shall be substituted.
Sec. 1439 MINORS AND LUNATICS. —If real proper-
ty of any minor or lunatic or person of unsound mind is sold
for taxes, it may be redeemed at any time within one year after
such disability is removed, in the manner specified in the follow-
ing section, or redemptions may be made by the guardian or
legal representative under the third preceding section at any
time before the delivery of the deed. (This refers to Section
1437.)
Sec. 144o. EQUITABLE ACTION —Any person en-
titled to redeem lands sold for taxes after the delivery of the
deed shall do so by an equitable action in a court of record, in
which all persons claiming an interest in the land derived from
the tax sale, as shown by the record, shall be made defendants,
LAWS OF IOWA.
75
and the court 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. No person shall be allowed to redeem land sold
for taxes in any other manner after the service of the notice pro-
videdfor by the next section and the execution and delivery of
the Treasurer's deed.
Sec. 1441. NOTICE OF EXPIRATION OF RIGHT
OF REDEMPTION. —After two years and nine months from
the date of sale, the holder of the certificate of purchase may
cause to be served upon the person in possession of such real
estate and also upon the person in whose name the same is
taxed, if such person resides in the county where the land is
situated, in the manner provided for the service of original
notices, a notice signed by him, his agent or attorney, stating
the date of sale, the description of the property sold, the name
of the purchaser, and that the right of redemption will expire
and a deed for the land be made unless redemption is made
,within ninety days from the completed service thereof. Service
may be made upon non-residents of the county by publishing
the same three times in some newspaper of said county, or by
personal service thereof elsewhere in the same manner original
notices may be served; but any such non-resident may in writ-.
ing appoint a resident of the county in which said land is situ-
ated an agent, and file said appointment with the Treasurer of
said county, who shall forthwith record the same in a record
kept in his office therefor, and index the same, after which
personal service of said notice shall be made upon said agent.
Service shall be complete only after an affidavit has been filed
with the Treasurer, showing the making of the service, the
mariner thereof, the time when and place where , made, and
under whose direction the same was made ; such affidavit to be
made by the holder of the certificate or by hisagent or attor-
ney, and in either of the latter cases stating that such affiant is
the agent or attorney, as the case may be, of the holder of such
certificate ; which affidavit shall be filed by the Treasurer and
entered upon the sale book opposite the entry of the sale, and
said record or affidavit shall be presumptive evidence of the
completed service of said notice, and the right of redemp-
tion shall not expire until ninety days after service is complete.
Any person knowingly and wilfully swearing falsely to any
fact or statement contained in said affidavit shall be guilty of
perjury. The cost of serving the notice and affidavit of pub-
lication shall be added to the amount necessary to redeem.
The fee for serving the notice shall be the same as for service
of an original notice, including copy fee and mileage. The
Treasurer shall, upon the filing of proof of service and state-
76
LAWS OF IOWA.
ment of costs, forthwith report the same in writing to the
Auditor, who shall enter it in the sale book against the proper
tract of real estate. The holder of the certificate of sale or
his agent may report in writing to the County Auditor the
amount of costs incurred in giving such notice, and the Auditor
shall enter the same in the sale book as aforesaid, and no re-
demption shall be complete until such costs are paid.
Sec. 1oi9. DEED. —Immediately after the expiration of
ninety days from the date of service of the notice, as prescribed
by Sections Fourteen Hundred and Forty-one and Fourteen
Hundred and Forty-two of Chapter Two, Title Seven of this
Code, the Treasurer, Collector, or person authorized to act as
Collector of taxes, 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 purchase.
Any number of parcels of real estate bought by one person may
be included in one deed, if required by the purchaser. Deeds
executed by the City Treasurer, Collector, or person authorized
to act as collector, may be in form substantially as provided by
Section Fourteen Hundred and Forty-three of Chapter Two, Ti-
tle Seven of this Code, and shall be signed and acknowledged. by
Seven, of this Code, and shall be signed and acknowledged by
him in his official capacity; and all deeds and conveyances here-
after made and executed on account of any general or special
tax sale shall be of the same force and effect as deeds made by
the County Treasurer as provided in Section Fourteen Hundred
and Forty-four of Chapter Two, Title Seven, of this Code, for
delinquent county taxes ; and the purchaser as well as the owner
of any real property sold on account of such general or special
delinquent taxes or assessments shall be entitled to all the
rights and remedies which are granted and prescribed by Sec-
tion Fourteen Hundred and Forty-five to Fourteen Hundred
and Fifty-one inclusive, of Chapter Two, Title Seven of this
Code, but that wherever the words "county and county treas-
urer and auditor" are used, the word city, city treasurer, city
clerk, recorder, auditor, or collector or officer authorized to
act as collector," shall be substituted.
Sec. 1406. SALE OF PERSONAL PROPERTY. —If
any one neglects to pay his taxes at or before maturity, the
Treasurer may collect the same by distress and sale of his
personal property not exempt from taxation, and the tax list
alone shall be sufficient warrant therefor. When the Treas-
urer distrains goods, and the owner refuses to give a sufficient
bond for the delivery of the same on the day of sale, he mlay
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
LAWS OF IOWA.
77
taking, in the manner constables are required to give notice
of the sale of personal property under execution. The time
of sale shall not be more than twenty days from the days of
taking, but he may adjourn the sale from time to time, not ex-
ceeding five days in all, and shall adjourn at least once when
there are no bidders, and, in case of adjournment, he shall post
up a notice thereof at the place of sale, announcing the time
to which the adjournment is ordered. 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. 1407. COLLECTORS--SHERIFF.—Immediately
after the taxes become delinquent, each ,County Treasurer shall
proceed to collect the same by distress and sale of the per-
sonal property of the delinquent taxpayers, and for this
purpose he may appoint one or more collectors to assist him
in collecting the same. Each collector appointed shall receive
for his services and expenses the sum of five per cent on the
amount of all taxes collected and paid over by him, which per
centage he shall collect from the delinquent, together with the
whole amount of delinquent taxes and interest ; and pay the
same to the Treasurer at the end of each month, and in the
discharge of his duties as Collector, should it become necessary
to make the delinquent taxes by distress and sale, or should no
collector be appointed, or should the collector fail to institute
proceedings to collect said delinquent taxes, the Treasurer
shall place the same in the hands of the Sheriff, who shall
proceed to collect the same, and either shall be entitled to re-
ceive the same compensation, in addition to the five per cent
as Constables are entitled to receive for the sale of property
on execution.
Sec. 1408. RESISTANCE. —If the Treasurer, his deputy,
or collector is resisted or impeded in the u ion of
the
duties of his office, he may require any person
tohim
therein, and if such person refuses, he shall forfeit a sum not
exceeding ten dollars, to be recovered by civil action in the
name of the county, and the person resisting shall be punished
as in the case of resisting an officer in the execution of legal
process.
Sec. 1423. BID —PURCHASER. —The person ho offers
to pay the amount of taxes which are a lien on anyparcel
of
land or town lot for the smallest portion thereof shall be the
purchaser, and when such purchaser shall designate the portion
of any tract of land or town lot for which he will pay the whole
amount of taxes for which it may be sold, the portion thus
designated shall be an undivided portion.
78 LAWS OF IOWA.
Sec. 1434. PAYMENT OF SUBSEQUENT TAXES.—
The Treasurer shall also prepare, sign and deliver to the pur-
chaser of any real estate sold for taxes duplicate receipts for
taxes, interest and costs paid by him after the date of his
purchase for any subsequent year or years, one of which re-
ceipts shall be filed in the office of the Auditor and noted on
the register of sales therein. If such duplicate receipt is not
so filed before redemption, such tax shall not be a lien upon
the land, and the person paying the tax shall not be entitled
to recover it of the' owner of the real estate.
Sec. 905. OF BONDS —FUNDING. —Cities and towns
may settle, adjust, renew or extend the legal indebtedness they
may have, or any part thereof, in the sum of one thousand dol-
lars or upwards, Whether evidences by bonds, warrants or
judgments, and may fund or refund the same and issue coupon
bonds therefor, but no bonds shall be issued under this section
for any other purpose than is above authorized.
Sec. gob. FORM. —Such bond shall be issued in sums
of not less than one hundred nor more than one thousand dol-
lars each, running not more than twenty years, bearing inter-
est not exceeding six per cent per annum, payable annually or
semi-annually, and shall be substantially in the following form,
but subject to changes that will conform them to the ordinance
(or resolution) of the Council, to -wit :
The City (or town) of —, in the State of Iowa,
for value received, promises to pay the bearer
Dollars, lawful money of the United States of America, on
with interest on said sum from the date hereof
until paid, at the rate of per cent per annum, payable
annually on the the first day of and
in
each year, on presentation and surrender of the, interest coupon
hereto attached; both principal and interest payable at
This bond is issued by the City (or town) of ur-
suant to the provisions of Section p
Title ,Chapter
of the Code of Iowa, and in conformity to an or-
dinance (or resolution) of the Council of said city (or town) duly
passed. And it is hereby certified and recited that all acts, con-
ditions and things required by the laws and constitution of the
State of Iowa to be done precedent to and in the issue- of this
bond, have been properly done, happened and been performed
in regular and due form as required by law, and that the total
indebtedness of said city, including this bond, does not exceed
the constitutional or statutory limitations.
In testimony whereof said city (or town), by its Council,
has caused this bond to be signed by its Mayor and attested by
LAWS OF IOWA.
79
is Auditor (or clerk), with the seal of said city attached, this
day of
Attest :
Mayor of the City (or town) of --
Clerk of the City (or town) of
FORM OF COUPON.
The Treasurer of the City (or town) of
will pay to bearer Dollars, on --------at
for annual interest on its
No.
Attest :
, Iowa,
bond, dated
Mayor of the City (or town) of —
Clerk of the City (or town) of
Sec. 907. NUMBERED AND SIGNED. —Said bonds
shall be numbered consecutively, signed by the Mayor, and
attested by the Auditor or Clerk, as the case may be, with the
seal of the city affixed. The interest coupons attached thereto
shall be executed in the same manner.
Sec. 908. ISSUANCE.—A11 bonds issued under the pro-
visions of this chapter shall be issued pursuant to, and in con-
formity with, a resolution adopted by the Council of said city
or town, which shall specify the amount authorized to be is-
sued, the purpose for which issued, the rate of interest they
shall bear, and whether payable annually or semi-annually, the
place where the principal and interest shall be payable, and
when to become due, and such other provisions, not inconsist-
ent with law, in reference thereto, as the Council shall think
proper, which resolution shall be entered of record upon the
minutes of the proceedings of the Council, and a true and com-
plete copy thereof printed on the back of each bond, which
resolution shall constitute a contract between the city or town
and the purchasers or molders of said bonds.
Sec. 909. REGISTRATION. —When bonds have been
executed as aforesaid, they shall be delivered to the Treasurer
of the city or town, and his receipt taken therefor, who shall
register the same in a book provided for that purpose, which
shall show the number of each bond, its date, date of sale,
ratAitio
80
LAWS OF IOWA.
amount, date of maturity, and the name and address of the pur-
chaser, and, if exchanged, what evidences of debt were received
therefor, which record shall at all times be open to the inspec
tion of the citizens of said city or town. The Treasurer shall
thereupon certify upon the back of each bond as follows : "This
bond duly and properly registered in my office this day
of
Treasurer of the City (or town) of
and shall stand charged on his official bond with all bonds so
delivered to him, and the proceeds thereof. He shall report
under oath to the Council of said city or town, at each first reg-
ular session thereof in each month, a statement of all such bonds
sold or exchanged by him since his last report, and the date of
such sale and exchange, and, when exchanged, a description of
the indebtedness for which exchanged.
Sec. gio. SALE. —He shall, under a resolution and the
direction of the Council, sell the bonds for cash on the best
available terms, or exchange them on like terms for legal
indebtedness of the city or town evidenced by bonds, warrants
or judgments outstanding at the date of the passage of the reso-
lution authorizing the issue thereof, and the proceeds shall he
applied and exclusively used for the purpose of which said
bonds are issued. In no case shall they be sold or exchanged
for a less sum than their face value and all interest accrued at
the date of sale or exchange. After registration the Treasurer
shall deliver said bonds to the purchaser thereof, and, when ex-
changed for indebtedness of said city or town, he shall at once
cancel all warrants or bonds, or secure proper credits therefor
on judgments.
Sec. 911. TAXES TO PAY. —Cities and towns issuing
funding and refunding bonds under this chapter shall levy taxes
for the payment of the principal and interest thereof, in accord-
ance with the provisions of the chapter relating to taxation.
Sec. 913. LIMITATION OF ACTION QUESTION-
ING LEGALITY. —No action shall be brought questioning the
legality of any of the bonds authorized by this chapter, water
works bonds, gas works bonds, or electric light or power plant
bonds, from and after three months from the time the same
are ordered and issued by the proper authority.
Sec. 1022. CERTIFICATES AND BONDS FOR
SPECIAL ASSESSMENTS. —Any city may anticipate the col-
lection of taxes authorized to be levied for the grading fund,
LAWS OF IOWA.
81
district sewer fund, and for that purpose may issue certificates
on bonds with interest coupons, to be respectively denominated
city grading certificates or bonds, city improvement certifiates
or bonds, district sewer certificates or bonds of a particular
sewer district, and city sewer certificates- or bonds ; and all
provisions of Chapter Twelve, of this Title, shall apply to such
certificates or bonds and coupons, with such changes only as are
necessary to adapt them thereto. And said bonds and interest
thereon shall be secured by said assessment and levy, and shall
be payable out of the respective funds hereinbefore named,
pledged to the payment of the same, and no bonds shall be
issued in excess of taxes authorized and levied or to be levied
to secure the same. It shall be the duty of the collector or
Treasurer to collect said several funds, with interest thereon,
and to hold the same separate and apart, in trust, forthedsay-
-
ment of said bonds and interest, and to apply P
rocesaid funds pledged for that purpose to the payment of said
bonds and interest.
Sec. io23. LIMITATION OF ACTION QUESTION-
ING LEGALITY OF BONDS. —No action shall be brought
questioning the legality of the bonds or certificates authorized
by the preceding section, or Section Nine Hundred and Five,
and Chapter Twelve of this Title before mentioned, or of any
water works bonds, gas works bonds, or electric light or power
plant bonds, or any other bonds or certificates authorized by
this chapter, from and, after three months from the time the
same are ordered issued by the proper authority.
Sec. Io24. PLATS. —Chapter Thirteen of this Title, so
far as applicable, is -made applicable to cities acting under
special charter, except that in Section Nine Hundred and Fif-
teen thereof the word "treasurer" shall be held to mean "city
collector or city treasurer.
Sec. 914. FOR SUB -DIVISIONS OR ADDITIONS. —
Every original proprietor of any tract or parcel of land, who
has sub -divided, or shall hereafter sub -divide the same into
three or more parts, for the purpose of laying out a town or
city, or addition thereto, or part thereof, or suburban lots, shall
cause a plat of such sub -divisions, with
eferences to thenown and nor
permanent monuments, to be made, giving he bearing
tance from some corner of a lot or block in said town or city
to some corner of the congressional division of which said town,
city or addition is a part, which shall accuratelydescribe
all
sub-divisions thereof, numbering the same by progressive
dg
bers, giving their dimensions by length and breadth, and the
breadth and courses of all the streets and alleys established
82 LAWS OF IOWA. LAWS OF IOWA. 83
therein. Description of lots or parcels of land in such sub-
divisions according to the number and designation thereof on
said plat, in conveyances or for the purpose of taxation, shall
be valid. The duty to file for record a plat as provided herein
shall attach as a covenant of warranty, in all conveyances of any
part or parcel of such sub -divisions, by the original proprietors
against any and all assessments, costs and damages paid, lost
or incurred by any granteeor person claiming under him, in
,consequence of the omission on the part of said proprietor to
file such plat.
Sec. 915. ACKNOWLEDGMENT AND RECORDING.
—Every such plat shall be accompanied by a statement to the
effect that the sub -division of (here insert a correct description
of the land or parcel sub -divided), as appears on this plat, is
with the free consent and in accordance with the desire of the
proprietor, which shall be signed and acknowledged by him
before some officer authorized to take the acknowledgment
of deeds. Such proprietor shall also procure from the Treas-
urer of the county in which the land lies, and file with the Re-
corder, a certified statement thatthe land laid out into lots,
streets and alleys is free from taxes, and a certified statement
from the Recorder that the title in fee is in such proprietor,
and that it is free from incumbrance ; but if the parcel of land so
laid out shall be incumbered with a debt certain in amount, and
which the creditor will not accept with accrued interest to the
day of proffered payment if it draws interest, or with a rebate
of interest at the rate of six per cent per annum if it draws no
interest, or if the creditor cannot be found, then such proprie-
tor, and, if a corporation, its proper officer or agent, may file
with the Recorder of such county an affidavit, stating either
that such proprietor has offered to pay such creditor the full
amount of his debt, with interest, or with a rebate of interest,
as the case may be, and that he would not accept the same, or
that he cannot be found, whereupon such proprietor may exe-
cute and file with the Recorder a bond in double the amount
of such incumbrance, with three sureties who shall be free-
holders of the county, to be approved by the Recorder and
Clerk of the district court, which bond shall run to the county,
and shall be for the benefit of the purchasers of any lots, and
shall be conditioned for the payment of such incumbrance and
the cancellation thereof of record as soon as practicable after
the same becomes due, and for the holding of all purchasers
and those claiming under them forever harmless from such in -
cumbrance. When such affidavit and bond shall have been filed
with the Recorder, together with the certificate of approval of
the Council of the city or town in which such land is situated
or which is proposed to be made an addition thereto and a
certificate of the Recorder that said land is free from all in -
cumbrance except as secured by said bond, and that the title
in fee is in such proprietor, and that of the Treasurer that the
land is free from taxes, said plat shall be admitted to record,
and be as valid as if such proprietor had filed with the Recorder
the certificate of such officer that such land was free from
all incumbrance.
Sec. 916. APPROVED BY COUNCIL. —All plats of
additions to any city or town, or sub -divisions of any part or
parcels of lands lying within or adjacent to any city or town,
shall be divided by streets into blocks, with alleys separating
abutting lots, and such blocks, streets and alleys shall conform
as nearly as practicable to the size of blocks and the width
of streets and alleys in such city or town, and such streets and
alleys shall be extensions of the existing system of streets and
alleys thereof. All plats of such additions or sub -divisions, ex-
cept sub -divisions of less than one block, before being record*
ed, shall be filed with the Clerk of such city or town, and when
sa filed the Council, within a reasonable time, shall consider the
same, and, if it is found that such plat conforms to the provis-
ions hereof, the Council shall direct the Mayor and Clerk to
certify its resolution of approval, which shall be affixed to the
said plat before it shall be received for record by the County
Recorder.
Sec. 917. DEDICATION TO PUBLIC. —When the
statement and plat are accompanied with the certificates, affi-
davit and bond, when so required, and have been entered on
the plat books in the Auditor's office, they shall be admitted
to record, and not otherwise, and shall be of no validity until so
filed for record in the office of the Recorder, and such acknowl-
edgment and recording shall be equivalent to a deed in fee
simple for such portion of the premises platted as is set apart
for streets or other public use, or as is dedicated to charitable,
religious or educational purposes.
Sec. ,918. VACATION BY PROPRIETOR. —Any such
plat may be vacated by the proprietor thereof, at any time be-
fore the sale of any lots, by a written instrument declaring the
same to be vacated, executed, acknowledged and recorded in the
same office with the plat to be vacated, and the execution and
recording of such writing shall operate to annul the plat so va-
cated, and to divest all public rights in the streets, alleys and
public grounds described therein. In cases where any lots have
been sold, the plat may be vacated as in this chapter provided
by all the owners of lots joining in the execution of the writing
aforesaid.
JII
84 LAWS OF IOWA.
Sec. 919. PART OF PLAT VACATED. —Any part of a
plat may be thus vacated, provided it does not abridge or de-
stroy any right or privilege of any proprietor in said plat, but
nothing contained in this section shall authorize the closing
or obstruction of highways. When any part of a plat is vacated
the proprietors of the lots may inclose the streets, alleys, and
public ground adjoining them in equal proportion, except as
provided in the next section. The Recorder, in whose office
the plats are recorded, shall write across that part of the plat
so vacated, the word "vacated," and make a reference on the
same to the volume and page in which the instrument is record-
ed.
Sec. 92o. VACATION BY LOT OWNERS. —Whenever
the owners of any tract of land which has been platted into town
lots, and the plat of which has been recorded, shall desire to
vacate the lot or a part thereof, a petition, signed by all the
owners of it or the part to be vacated, shall be filed in the office
of the Clerk of the District Court of the county in which the
land is situated, returnable at the ensuing term, and notice
thereof given at least four weeks, by posting notices in three
conspicuous places in the town where the vacation is prayed,
and one upon the door of the court house of the county. At
the term of court next following the filing of the petition and
notice, the court shall fix a time for hearing the petition, and
notice of the day so fixed shall be given by the Clerk in some
newspaper published in the county one week before the day
appointed for the hearing. At the hearing of the petition, if it
shall appear that all the owners of lots in the plat or part
thereof to be vacated desire the vacation, and there is no valid
objection thereto, a decree shall be entered vacating such por-
tion of the plat, and the streets, alleys and avenues therein, and
for all purposes of assessment such portion of the town shall
be as if it had never been platted into lots; but if any street as
laid out on the plat shall be needed for public use, it Shall be
excepted from the order ,of vacation and shall remain a public
highway. Vacations made under this chapter shall not be con-
strued to affect any lands lying within any city or town which
have been dedicated or deeded to the public for parks or other
public purposes.
Sec. 921. RE -PLATTING. —The owner of any lots in a
plat vacated may cause the same and a proportionate part of
the adjacent streets and public grounds to be re -platted and
numbered by the County Surveyor in the same manner as re-
quired for platting in the first instance, and when such plat is
acknowledged by such owner, and is recorded in the Recorder's
office of the county, such lots may be conveyed and assessed by
the numbers given them on such plat.
LAWS OF IOWA. 85
Sec. 922. PLAT BY AUDITOR. —Whenever the original
proprietor of any sub -division of land has sold or conveyed any
part thereof, or invested the public with any rights therein, and
has failed and neglected to execute and file for record a plat as
provided in this chapter, the County Auditor shall by mail or
otherwise notify some or all of such owners, and demand its
execution. If such owners, whether so notified or not, fail and
neglect for thirty days after the issuance of such notice to
execute and file such plat for record, the Auditor shall cause one
to be made, making any survey necessary therefor. Said plat
shall be signed and acknowledged by the Auditor, who shall
certify that he executed it by reason of the failure of the
owners named to do so, an.d file it for record, and when so filed
it shall have the same effect as if executed, acknowledged and
recorded by the owners. A correct statement of the costs and
expenses of such plat, survey and record, verified by oath, shall
be by the Auditor laid before the first session of the Board of.
Supervisors, which shall allow the same and order them paid
out of the County Treasury, and he shall at the same time
assess the amount pro rata upon the several sub -divisions of
said tract, lot or parcel so sub -divided, and it shall be collected
in same manner as general taxes, shall go to the general
county fund ; or said board may direct suit to be brought in the
name of the county to recover from the original proprietor
such cost and expense.
Sec. 923. PLATTING FOR ASSESSMENT AND TAX-
ATION. —Whenever a congressional sub -division of land of
forty acres or less, or any lot or sub -division, is owned by two
or more persons in severalty and the description of one or more
of the different parts or parcels thereof cannot, in the judgment
of the County Auditor, be made sufficiently certain and accurate
for the purposes of assessment and taxation without noting the
metes and bounds of the same, he shall cause to be made and
recorded a plat of such tract or lot with its several sub -divisions
in accordance with the provisions of this chapter, proceeding
as directed in the preceding section, and all of its provision's,
shall govern.
Sec. 924. INSUFFICIENCY OF DESCRIPTION IN
DEED. —Every conveyance of land in this state shall be deemed
to be a warranty that the description therein contained is suf-
ficiently definite and accurate to enable the Auditor to enter
the same on the plat book required to be kept ; and when there
is presented for entry on the transfer book any conveyance in
which the description is not sufficiently definite and accurate,
the Auditor shall note such fact on the deed, with that of the
entry for transfer, and shall notify the person presenting it
86 LAWS OF IOWA.
that the land therein is not sufficiently described, and must be
platted within thirty days thereafter. Any person aggrieved
by the opinion of the Auditor may within said thirty days appeal
therefrom to the Board of Supervisors, by giving notice thereof
in writing, and thereupon no further proceeding shall be taken
by the Auditor. At its next session the Board of Supervisors
shall determine said matter, and direct whether the plat shall be
executed and filed, and within what time. If the grantor in
such conveyance shall neglect for thirty days thereafter to file
for record a plat thereof, and of the appropriate congressional
sub -division in which the same isfound, duly executed and
acknowledged as required by the Auditor, or, in case of appeal,
as directed by the Board of Supervisors, then the Auditor shall
proceed as is provided in this chapter, and cause such plat to be
made and recorded, and thereupon the same result shall follow
as provided in the preceding section. Such plat shall describe
said tract and any other sub -divisions of the smallest con;
gressional sub -division of which the same is part, numbering
them by progressive numbers, setting forth the courses and
distances, the number of acres, and such other memoranda as
is necessary; and description of such lots or sub -divisions ac-
cording to the number and designation thereon said plat shall
be deemed sufficient for all purposes.
Sec. 925. RE -SURVEY OF TOWN PLATS —In all cases
where the original plat of any city, town or village, or any addi-
tion thereto, has been or may be lost or destroyed after the
sale and conveyance of any sub -division, block or lot thereof
by the original proprietor and before the same shall have been
recorded, any three persons owning real . property within the
limits of such plat may have the same re -surveyed and re -
platted, and such plat recorded as hereinafter directed, but in
no case shall such re -plat be made and recorded without the
consent in writing, indorsed thereon, of the original proprietor,
if he be alive and his place of residence known.
Sec. 926. HOW MADE. —The County Surveyor of any
county in which is situated any city, town, village or addition
thereto, as contemplated in this chapter, may, and upon pay-
ment of his legal fees by any person desiring the same, must
make a re -survey of such city, town, village or addition, or any
portion, and plat thereof, which plat shall conform as near as
may be with the original lines of the parcel or tract so re -sur-
veyed, and be made in all respects in accordance with the pro-
visions of this chapter. In making a re -survey and plat the
Surveyor may summon witnesses, administer oaths, and take
and hear evidence touching the original plat lines and sub-
divisions, whether the original proprietor is dead, and any other
LAWS OF IOWA.
matter which may assist in arriving at and establishing the true
lines and boundaries ; but no re -survey shall be made except
upon four weeks' notice to be given by the Surveyor by a pub-
lication of the contemplated re -survey in some newspaper
printed in the county.
Sec. 927. PLAT CERTIFIED AND FILED. —When the
Surveyor has completed the plat, he shall attach his certificate
thereto, to the effect that it is a just, true and accurate plat of
said city, town, village or addition so surveyed by him; which
shall be filed for record in the office of the Recorder of the
proper county, and from the date of such filing it shall be
treated in all courts of this state as though the same had been
made, by the original proprietor thereof. .
Sec. 928. CONTESTING. —Any person may at any time
within six months from the date of its filing for record com-
mence an action in equity against the persons employing the
Surveyor, setting up his causes of complaint and asking that
such record be canceled. If it appear on the trial that the city,
town, village or addition was originally laid out and platted;
that the original proprietor had sold any or all of the lots
thereof, or that he intended to dedicate to the public the streets,
alleys or public squares therein; that the plat thereof has never
been recorded, but is lost; that, the proprietor is dead or hi.s
place of residence unknown; and the re -survey and plat filed
for record is a substantially accurate survey and plat of the
original plat of such city, town, village or addition, then the
action shall be dismissed at the costs of the complainants, other-
wise the court shall set aside said plat and cancel the same of
record at the cost of defendants.
•
Sec. 929. PLATS LEGALIZED. —None of the provisions
of this chapter shall be construed to require re -platting in any
case where plats have been made and recorded in pursuance
of law; and all plats heretofore filed for record and not subse-
quently vacated are hereby declared valid, notwithstanding ir-
regularities and omissions in the required statement or plat, or
in the manner or form of acknowledgment, or certificates
thereof.
Sec. 93o. PENALTY FOR FAILURE TO RECORD. —
Any person who shall dispose of or off er_for sale or lease any
lots in any town, or addition to any town or city, until the plat
thereof has been acknowledged and recorded as provided in
this chapter, shall forfeit and pay fifty dollars for each lot and
part of lot sold or disposed of, leased or offered for sale.
Sec. 931. PUBLIC SQUARES USED FOR SCHOOL
PURPOSES. —The people of any town located wholly within
ss LAWS OF IOWA.
an independent school district, wherein is situated a public
square or plat of ground deeded or dedicated to the town or
public, may transfer or re -dedicate to said school district such
square or plat for the purposes of a public school lot, to be used
for the erection thereon 'of a public school house, or play
grounds, in connection with such school house.
Sec. 932. MANNER 'OF TRANSFER. -When a plat or
lot of the character described in the preceding section is located
in such town, and one-half the resident voters thereof, accord-
ing to the last census, shall petition the Mayor and Council,
asking them to submit to the voters of the town, at a general
or special election, the question whether or not such publie plat
or lot shall be transferred to such independent district and dedi-
cated and used for school purposes, they shall submit the ques-
tion to the voters of the town, in accordance with the prayer of
said petition, after giving ten days' notice in writing or print-
ing thereof, in which the proposition submitted shall be clearly
set forth and signed by the Mayor, three of which notices sha11
be posted in public and conspicuous places in the town, and one
published in the last two issues preceding such election of a
weekly newspaper published therein, or if there be none, 'then
in the weekly newspaper published elsewhere in the county,
having thelargest circulation in said town. The notice shall
also state the manner of voting, which shall be by ballot. The
ballot shall contain the words : "Shall the proposition to trans-
fer lot (or block, or square, as the case may be, describing it),
for the purpose of a public school house -lot, be adopted?"
Such election shall be conducted as Ordinary town elections are,
under supervision of the town authorities, who shall canvass the
vote as provided in other cases. If it shall appear that two-
thirds of the votes cast at such election are in favor thereof,
then such transfer shall be complete, and the lot, block or
square may be appropriated and used for the purposes indicated
by said vote, and shall be no longer held for any other purpose.
Sec. Io25. BOARD OF HEALTH. —There shall be ap-
pointed in every such city,a local board of health consisting of
five members, a majority of whom, including the Mayor, shall
be members of the City Council. The Mayor of the city shall
be ex-officio one of said members and the chairman thereof.
The manner of appointment and duration of office of said board
shall be determined by ordinance of said city.
Sec. Io26. OFFICERS APPOINTED —QUORUM. —
The Board of Health shall appoint a physician to the Board,
who shall hold office during the pleasure of the Board. The
City Clerk or Recorder shall be clerk of the Board, unless some
LAWS OF IOWA. 89
other clerk may be provided by ordinance. The . Board of
Health shall appoint, with the consent of the Council, all officers
and agents necessary to carry their rules and orders into effect,
and shall recommend the compensation or salaries to be paid
such officers or agents, which shall be determined by the Coun-
cil. In cases of emergency, the Board of Health may employ
persons to aid in the execution of its orders, and fix the com-,
pensation of such employes. The majority of the members of.
the board shall constitute a quorum for the transaction of all
business and the exercise of powers conferred upon the board.
Sec. 1027. PHYSICIAN AND CLERK. —It shall be the
duty of such Clerk and Physician to report at least once a year
to the State Board of Health the proceedings of such Board,
and such other facts as may be required on blanks in accordance
with instructions received from the State Board. They shall
also make special reports whenever required so to do by the
State Board.
Sec. 1028. GENERAL POWERS. —The local Board of
Health shall make such rules and regulations and orders re-
specting the connection of buildings and tenements with sewers,
and the approval of plans for plumbing and the inspection there-
of; and the inspection of milk,provisionsand of all foodproducts
sold within such city, and the condemnation and destruction of
the same when impure or diseased ; the collection and disposi-
tion of garbage ; the condemnation of impure wells and cisterns ;
the prompt report of contagious or infectious diseases ; nuis-
ances, sources of filth and cases of sickness within their juris-
diction, and on all boats in its ports and harbors, or railroad'
cars passing through such city; and for the•prevention of nuis-
ances and the preservation of the public health, as said board
may judge necessary for the public. health and safety ; and shall,
from time to time, report to the City Council ordinances for
carrying such rules, regulations and .provisions into effect, and
for the appointment of the proper inspectors and officers
necessary to enforce the same.
Sec. Io29. VIOLATION OF REGULATIONS. —Such
cities shall have power and may provide by ordinance for the
punishment by fine and imprisonment of any person who shall
knowingly violate or fail to comply with any rule, regulation or
order of such local Board of Health, but the fine shall not ex-
ceed one hundred dollars, or the imprisonment thirty days.
The prosecution for the violation of any rule, regulation or
order of such Board of Health shall be in the name of the City
appointing such Board, and shall be conducted in the same
manner and before the same tribunals as other prosecutions for
the violation of ordinances of such city.
90
LAWS OF IOWA.
Sec. ioo. SEWER CONNECTIONS. —The Board of
Health shall have power to compel all property owners owning
property situated on streets along which sewers have been con-
Structed, or within two hundred and fifty feet of any sewer, to
make proper connections therewith, and to use the same for
proper purposes; and in case such owner shall fail to make such
connections within the time fixed by such Board, they may
cause such connections to be made, and report the cost and ex-
pense thereof to the City Council, which shall assess the same
against the property so connected, and such assessment shall be
lien on said property which the City Council can enforce by
the sale of same.
Sec. io3i. PLUMBING. —Such Board shall have power
to prescribe rules and regulations for all plumbing connections
of buildings or tenements with any sewer, and for all plumbing,
drainage and ventilation of any building or tenement, and may
prescribe the kind and size of materials to be used in any plumb-
ing, drainage and ventilation of buildings, and the manner in
which plumbing shall be done, and compel the plans and speci-
fications for the plumbing of any building to be submitted to
and approved by said Board before the same is installed, and
that such work be done by a competent licensed plumber, and
provide for the inspection of the work done under such plans
and specifications, and have the power to appoint, with the ap-
proval of the City Council, an inspector of such plumbing, and
define his duties and powers.
Sec. 'o32. NUISANCES. —Such Board may order the
Owner or occupant of any property, place or building at his
own expense to remove or abate any nuisance, source of filth or
cause of sickness, to dispose of garbage, to destroy diseased or
impure milk, provisions or food products, to purify, fill up, or
cease from using any impure well or cistern, to report to the
proper officer all contagious or infectious diseases found on his
property, or property over which he has control, to make sewer
connection, and to do such acts as may be required. The
Board may in its discretion specify in its notice the time and
manner of compliance with such order, and if such person
neglect to comply with such order he may be punished in ac-
cordance with the provisions hereof, and the Board may do or
cause to be done whatever is required by the order.
Sec. 1o33. ABATEMENT. —Whenever the owner, occu-
pant or person having the control or management of such
property shall not be found in the city, or whenever the Board
may deem immediate action necessary, it may, without notice
to such owner or occupant or person having the control or
f►
91
LAWS OF IOWA.
management of the same, immediately proceed to remove said
nuisance, source of filth, or other cause of sickness, and the ex-
pense ' thereof shall be reported to the Council and levied and
assessed against the property, place or building, and collected
as a special tax, and shall be a lien upon such property, place
and building-, or the same maybe enforced in any court having
jurisdiction, by the proper officer, in the name of the city.
Sec. To34. ENJOINING. —Whenever any person or per-
sons are engaged in a work, or doing things, or threatening
to do things, which, in the opinion of the Board, will result
in a nuisance or endanger the public health, the Board may
forbid the doing or continuance thereof, and in case any such
personshall fail to comply with any such order, after personal
service of a notice thereof, he may be proceeded against and
punished under the provisions hereof.
Sec. io35. HEALTH REGULATIONS, AND HOW
ADOPTED. —Whenever any such Board shall make or adopt
anygeneral rules and regulations for the public health, they
shall be signed by the Mayor or other presiding officer, and at-
tested by the Clerk of such Board, and when so signed and at-
tested, shall be published twice in the official newspaper of such
city. When such publication is completed, due proof thereof
ley affidavit shall be attached to said rules and regulations, and
the same shall then be recorded by the Clerk of such Board in
a book kept for such purpose, which record shall be certified
to by the Mayor or presiding officer and attested by the Clerk.
And such general rules and regulations shall be in force and
effect from and after the completion of such record.
Sec. 1o36. NOTICES. —Any notice from the Board may
be served by any city officer, or by any other person whom the
Board of Health may appoint or designate.
Sec. 1037. PREMISES UNFIT FOR HABITATION. —
The Board, when satisfied upon due examination that any cellar,
room, tenement, or building in said city, occupied as a dwelling
house, has become, by reason of the number of inhabitants or
want of cleanliness or other cause, unfit for such habitation,
and a cause of nuisance or sickness to the occupants thereof
or to the public, may issue a notice to the occupants thereof,
or any of them, requiring the premises to be put into a proper
condition as to cleanliness or health, or may require the occu-
pants to remove from the premises, within such time as the
Board deems reasonable. If the persons so notified neglect
or refuse to comply with the terms of the notice, the Board
May cause the premises to be properly cleaned at the expense
92
LAWS OF IOWA.
of the owners of the property, or the Board may remove the
occupants forcibly and close up the premises, and the same
shall not again be occupied as a dwelling place until put in a
sanitary condition to the satisfaction of the Board.
Sec. 1038. CONTAGIOUS DISEASES. —Whenever by
reason of the prevalence of smallpox or other contagious or in-
fectious disease, in any such city or the vicinity thereof, the
Board may deem it dangerous to permit the congregation to-
gether of people, the Board may, with the consent of the Coun
cil, by public proclamation published once in some newspaper
of general circulation in the city, prohibit the congregation of
people in schools, churches, theatres, and all other buildings
in said city,. and it shall thereupon become the duty of the
principals, teachers, and other persons in charge of such places
or building specified in said publication to keep the same closed,
and to prevent the congregation of the people therein; and
when smallpox is prevalent in said city or its vicinity, the said
Board of Health may, with the consent of the Council, by
notice served upon the teachers or persons in charge of any of
the public or private schools, prohibit the admission therein of
any pupil until such pupil shall have proved to the satisfaction
of the board or persons selected by it for that purpose, that
such pupils have been vaccinated within five years prior thereto,
or within such time as the Board may designate; and said
Board may in like manner prevent the admission of persons not
furnishing satisfactory proof of vaccination into churches, the-
atres or other buildings, by notifying the persons in charge
thereof not to admit such persons.
Sec. 1039. WARRANT. —Whenever the Board of Health
shall think it necessary for the preservation of the lives or the
health of the inhabitants to enter a place, building, or vessel
within its jurisdiction, for the purpose of examining into and
destroying, removing or preventing any nuisance, source of
filth, or cause of sickness, and shall be refused such entry, any
member of the Board may make complaint, under oath, before
any Justice of the Peace, or other judicial officer having juris-
diction to enforce the ordinance of such city, stating the facts
of the case so far as he has knowledge thereof. Such officer
shall thereupon issue a warrant, directed to the Sheriff or any
Constable of the county, Marshal or public officer, commanding
him to take sufficient aid, and, being accompanied by two or.
more members of the Board, between the hours of sunrise and
sunset, repair to the place where such nuisance, source of filth,
or cause of sickness may be, and destroy, remove or prevent
the same under the direction of such members of the Board.
LAWS OF IOWA.
93
Sec. io4o. REMOVAL OF DISEASED PERSON. —
When any person coming from abroad, or residing within such
city shall be infected, or lately shall have been infected, with
smallpox or other sickness dangerous to the public health, the
Board shall make provisions in the manner
by t e hdiek d
best for the safety of the inhabitants, by g
r
infected person to a separate house, if it can be done without
injury to his health, and by providing nurses and other assis-
tance and supplies, which shall be charged to the person him-
self, his parents, or other person liable for his support, if able,
otherwise to the county.
Sec. Io41. CARE OF SUCH PERSON. —If any afflicted
person can not be removed without danger to his health, the
Board shall make provision for him, as directed in the preced-
ing section, in the house in which he may be, and in such case
they may cause the persons in the neighborhool to beand take other means, as may be deemed necessary for rthe osafee-
ty of the inhabitants.
Sec. 1o42. WARRANT. —Any Justice of the Peace, or
tribunal having jurisdiction to enforce the ordinance of such
city, on appliction under oath, showing cause therefor, by
any member of said Board, shall issue his warrant, directed to
the Sheriff or Constable of the county, or Marshal or Police
Officer, commanding him, under the directions of the Board, to
remove any person infected with contagious disease, or to take
possession of condemned houses and lodgings, and to provide
nurses and attendants and other necessaries for the care, safety
and relief of the sick.
Sec. 1043. MEETINGS —REPORT. —Every such board
shall meet for the transaction of business at least once each
month, and at such other times as occasion may require, and
the clerk of the Board shall transmit his annual report to the
Secretary of the State Board within two weeks after the Octo-
ber meeting, and at such other time as may be required by the
State Board. Such report shall embrace a history of any epi-
demic disease which may have prevailed within the city. The
failure of the clerk to make such report shall be considered a
misdemeanor, for which he shall be subject to a fine of not
more than twenty-five dollars.
Sec. Io44. POWERS OF COUNCIL —ASSESSMENT
OF EXPENSES. —The foregoing provisions in regard to
boards of health shall not in any manner limit the powers of
cities acting under special charters in relation to matters affect-
ing the public health, and city councils of such cities shall pro-
•
94
LAWS OF IOWA.
vide by ordinance for the manner of the exercise of the powers
herein conferred upon such boards, and for the enforcementof
the orders, rules and regulations thereof, and punishment .for,
the violation of the same, as prescribed in this chapter, and shall
also have power to provide and shall provide for the assess-
ment of all expenses incurred by said board and by said cities;
in consequence of the failure or neglect of any owner or occu-
pant of property to comply with any order of such Board,
upon the real estate upon which such expenditures are made
or expenses incurred, and it shall be a lien thereon from the
time said work is done, and may be assessed, levied and col-
lected as other special assessments, and may be collected and
the lien enforced by civil action in any court of competent
jurisdiction.
Sec. 1045. PROCEEDINGS REPORTED TO COUN-
CIL. —Boards of Health shall report their doings and proceed-
ings to the Council from time to time as required by ordinance
or resolution, and the Council shall have supervision over the
orders and proceedings of said Board.
Sec. Io46. SPECIAL PROVISIONS NOT TO LIMIT
GENERAL POWERS. —The provisions of this chapter in re-
gard to the police powers, sanitary regulations, and regulations
for the prevention and spread of fires and of contagious dis-
eases, shall not be construed as a limitation of the general
powers of such cities.
Sec. Io47. AMENDMENT OF CHARTER. —On tlie'
presentation of a petition signed by one-fourth of the electors;
as shown by the vote of the next preceding city election, or any
city or town acting under a special charter pr act of incorpora-
tion, to the governing body thereof, asking that the question
of the amendment of such special charter or act of incorpora-
tion be submitted to the electors of such city, such governing
body shall immediately propose sections amendatory of said
charter or act of corporation, and shall submit the same, as
requested, at the first ensuing city or town election. At least
ten days before such election the mayor of such city or town
shall issue his proclamation setting forth the nature and char-
acter of such amendment, and shall cause such proclamation to
be published in a newspaper published therein, or, if there be
none, he shall cause the same to be posted in five public places
in such city. On the day specified, the proposition to adopt
the amendment shall be submitted to the electors, thereof for
adoption or rejection, in the manner provided by the general
election laws.
11.1111MPARRrEK mow
LAWS OF IOWA.
Sec. Io48. PROCLAMATION OF RESULT: —=-If a ma-
jority of the votes cast be in favor of adopting said
mendment
the mayor shall issue his proclamation accordinglyand the
amendment shall thereafter constitute a part of said charter.
Sec. 1049. SPECIAL ELECTION. —The legislative body
of said city may submit any amendment toed vote of the
people
the
as aforesaid at any special election, p proceed
the
ings shallsaforesaid be the sampeeasion for that at the general purpose,
election and the
g
Sec. Io5o. NOTICE OF UNLIQUIDATED CLAIM—
LIMITATION OF ACTION. —No suit shall be brought
against any such city for any unliquidated claim or demand
unless within three months from the time the same became
due or cause of action ac�enerdthereon, nor al nature, causenand amounless a tt of
verified statement of the a
same is filed with the Clerk or Recorder thirty days before the
commencement of such suit.
Sec. top. NOTICE OF CLAIM FOR PERSONAL
I or
JURY —LIMITATION. —In all cases of personal
damage to property resulting from defective streetsoo failurr e
walks, or from any cause originating in the neg their
of any municipal corporation or itany officers
to h cy performrthree
duties, no suit shall be brought againsty and not then
months from the time of the injury or damage,
unless a written verified statement of t eaamount,
d the timere and
d
cause of such injury or damage,
and the place where such injury occurred, and the par-
ticular defect or negligence of the city or its officers which it is
claimed caused or contributed to the injury or damage, shall be
presented to the Council or filed with the Clerk within thirty
days after said alleged injury or damage was sustained.
Sec. Io52. BUILDING PERMITS. —Such cities shall re-
quire plans and specifications for all buildings costing over two
thousand dollars, and all buildings to be erected the no such
hin the fire
limits of such cities, to be submitted for approval, by the
building shall be erected until such plans be approved
Board of Public Works, Chief of Fire Department orother
proper officer of such city. Such city shall require anyperson,
before erecting any building or improvement within drainage
city,
to submit plans and specifications for the plumbing,
and ventilation and electric wiring of such building, for ap-
proval, and provide for the inspection of the construction there-
of, and obtaining a permit for such erection or construction
which shall not be issued until such plans and specifications
95
96 LAWS OF IOWA.
have been approved by the Board of Health or Electrician, and
may make reasonable charges for such approval and inspection,
as provided by ordinance, and the money derived therefrom
shall be paid monthly to the Treasurer or Collector.
Sec. Io53. NOTICE TO PERSONS LIABLE OVER.
=In case any action is brought against any such city for dam-
ages for injury to person or property claimed to have been
caused by or through the negligence of said city, the city may
notify in writing any person or corporation, by or in conse-
quence of whose negligence it is claimed by said city the injury
occurred or was caused, of the pendency of said suit, the name
of the plaintiff and where pending, and the general nature of
the claim, and that the city claims that the person or corpora-
. tion so notified is liable to said city for any judgment obtained
against said city, and asking such person or corporation to ap-
pear and defend; thereupon any judgment obtained in such suit
shall be conclusive in any action by the city against any person
or corporation so notified as to the existence of the defect or
other cause of the injury or damage, and as to the liability of the
city to the plaintiff in the first named suit in consequence there-
of, and as to the amount of the damage or injury occasioned
thereby; and every such city is hereby empowered to maintain
an action against the person or corporation so notified to re-
cover the amount of any such judgment, together with all the
expenses incurred by such city in such suit.
Sec. io54. PUBLIC GROUNDS. —Any such cities situ-
ated on the Mississippi river, having within their limits public
grounds heretofore set apart or dedicated for levee, warehouse
or other public purposes, and in which the use of such ground
for such purposes has ceased or been abandoned in whole or in
part, may use or provide for the use of such grounds otherwise
than for levee and warehouse purposes, as said Council of such
cities may determine are for the public interests, and upon such
terms and conditions as may be fixed by said Council.
Sec. Io55. REPEAL. —All general acts and parts of acts
passed prior to the taking effect of this Code, relating to cities
acting under special charter, are hereby repealed, except so far
as the same are contained in this chapter or referred to herein ;
but the charters of such cities, or any provisions of the same,
are not hereby repealed, but shall continue in force and effect,
except as changed or modified by the provisions of this chapter.
Sec. Io56. SAVING CLAUSE. —All officers elected or
appointed in such cities prior to the taking effect of this Code
shall continue in office until the expiration of their term of
LAWS OF IOWA. 9 7
office, unless otherwise provided in this chapter, and all ordi-
nances in force in such cities, not inconsistent with the provis-
ions of this chapter, shall continue in force until repealed.
When the term of office of any elective officer shall expire after
the first city election after this Code takes effect and before the
next biennial city election, the Mayor, by and with the consent
of the Council, shall fill the office by appointment until such
election.
Sec. 631. ABANDONING SPECIAL CHARTER. —
Any city or town incorporated by special charter may abandon
its charter and organize under the provisions of the general
law, with the same territorial limits, by pursuing the course
hereinafter prescribed.
Sec. 632. PETITION —ELECTION ORDERED. —Up-
on a petition of legal voters, equaling ten per cent of the num-
ber voting at the last preceding municipal election in any such
city or town, to the Council, praying that the question of aban-
doning its charter be submitted to the legal voters, the Council
shall immediately direct a special election to be held at which
such question shall be decided, specifying at the same time the
time and place of holding the same, and appointing the judges
and clerks of the election.
Sec. 633. PROCLAMATION —NOTICE. —The Mayor,
or, in case there is no Mayor, the President of the Council, shall
at once issue a proclamation giving notice of such election, of
the question submitted to the electors, and of the time and
place of holding the election, which proclamation shall be pub-
lished for four consecutive weeks in some newspaper published
in such city or town, and, if there is none published therein,
then such proclamation shall be published by posting a copy
thereof in five public places within the corporate limits of such
city or town, one of which shall be on the door of the Mayor's
ffice.
Sec. 634. MANNER OF VOTING —RESULT. —At
such election the proposition to be submitted shall be : "Shall
the proposition to abandon the special charter of (naming city
or ,town) be adopted?" and the proposition shall be printed and
placed upon the ballots, and the election shall be conducted in
the same manner, as provided with respect to like or similar
propositions in the chapter on elections. The abstract of votes
shall be returned to the Council or. Board of Trustees, who
shall canvass the same and declare the result, which shall be
entered on the journal.
Sec. 635. OFFICERS ELECTED —ORDINANCES —
RE -SUBMISSION. —If a majority of •the votes cast be in
1
98 LAWS OF IOWA.
favor of the adoption of the proposition, the charter shall be
abandoned as herein provided. At the proper time prior to
holding the next succeeding municipal election, as provided in
the chapter on elections for cities and towns organized undei-
this title, the Mayor shall issue his proclamation, and an elee-
tion shall be held and officers chosen in such city or town under
the provisions of the chapter relatingto elections for cities and
towns of the class to which such corporation shall belong when
the charter shall be abandoned. On and after the election and
qualification of such officers, the charter of such city or town
shall be deemed abandoned, and such city or town shall be
considered organized under this title. All ordinances of such
city or town in force at the time of the abandonment of such
charter, not inconsistent or in conflict with the laws of the
state, shall remain in force until amended or repealed by the
Council. If a majority of the votes be against the proposition
for abandonment of the charter, the question cannot be again
submitted until after the expiration of one year from the time
of such election.
Sec. 636. DELINQUENT TAXES. —In special charter
cities or towns accepting the provisions of the general incor-
poration laws, all delinquent taxes remaining unpaid upon the
tax books thereof, except such as were levied to pay indebted-
ness created to take stock or aid in the building of railways,
shall be certified at the time, collected and paid over as provided
in the chapter relating to taxation.
Sec. 637. VESTED RIGHTS. —All rights and property
of every description which were vested in any such city or
town under its former organization shall vest in the same under
the organization herein contemplated, and no right or liability,
either in favor of or against it, existing at the time, and no suit
or prosecution of any kind, shall be affected by such change ;
but when a different remedy is given by this title, which can
be made properly applicable to any right existing at the time
such change is made, the same shall be cumulative to the reme-
dies before provided, and may be used. accordingly.
INDEX TO ORDINANCES.
ACCEPTING GRANT FROM STATE OF LANDS
for Parks
ADDITIONS TO CITY —Must be approved by Council
Plats of must be submitted by owner
Failure to comply —Penalty for
ALDERMEN —See Election.
Salary of
ALLEYS in Block 20, D. H. Imp. Co. vacated
ALLEYS, STREETS, ETC —Opening of (see streets,
alleys, etc.)
ALLEN, WM. L. AND T. O. SWINEY—
Franchise for Electric Street Railway granted to... 273-281
Location and Route of Railway
Kind of Power, Erection of Poles, etc., regulated
Kind of Cars Used, speed of, tracks laid to grade
Tracks in center of street, not to obstruct travel,
snow to be removed
Crossing of gutters, hours of running cars
Rates of fare, city may appoint electrician
Shall give transfer checks, regulation of
Shall be liable for damages and indemnify city
Acceptance of franchise, to continue 25 years
Subject to police regulations
AMERICAN DIST. TEL. CO. —Right to establish
and burglar system
AMUSEMENTS, PLACES OF —Regulated
Water Closets in
ANIMALS, CRUELTY TO —Defined, penalty for
ANIMALS —Restrained from running at large
Inspection of, when intended for human food
meat inspection.
APPEAL —From Special Assessment for street improve-
ments
From assessment of damagesby jury, for opening
streets..
From change of grade
From special assessments
APPRAISEMENT OF DAMAGES —
For taking ground for opening of streets, etc
For change of established grade
Page Section
fire
(see
164
162
162
162
58
297
273
274
274
274
275
275
276
277
278
278
326
69
141
139
155
100
1-2-3
1
2
3
15
24.
13
1-4
9
102 , 2't".
102 27
107 13'
98- 99
34-6
101-102 .20 to 26
II
INDEX TO ORDINANCES.
APPOINTMENTS —
Of Assistant Assessor
Of Assistant City Engineer
Of City Electrician
Of Harbor Master
Of Weighers
Of Health Physician (see Board of Health)
Of Inspector of Weights and Measures
Of Chief of Police
Of Market Master
Of Sewer Inspector
Of Sidewalk Commissioner
Of Street Commissioner
¶Of Wood Inspector
APPROPRIATIONS FOR EXPENSES MUST
made
When and how made
Auditor shall keep account of
Appropriations not to exceed revenue of city
Indebtedness not to exceed appropriation
Warrants to draw therefrom must specify fund....
ASSESSMENTS —For taxation (see taxes and assess-
ments.)
ASSESSMENTS, SPECIAL —For street improvements
705-5-106-7-107-8
130-131
116
BE
For construction of sewers
For laying and repairing sidewalks
ASSESSOR —Duties of (see taxes).
When term commences
Assistant Assessor
Assistant Assessor —Compensation of
ASHES —How to be kept
ATTORNEY, CITY —Duties
Who Eligible
To prosecute and defend all suits for city
To advise Council and committees
To keep a docket of city cases
Attend to all other legal business of the city
Make annual report to the Council
Salary of
AUCTIONEERS —Must obtain license
Amount of license, bond
AUDITOR, CITY —Preserve books and papers
Duties of
Duties of as to assessment and taxes (see taxes and
assessments.)
of
Page Section
172 1
44 4
90 2
50 1
57 16-17-18
61 5-11-22
54 1
c41 1
54 1
134 37
49 1
48 1
51 1
163
163 1-2
163 2
163 5
163 4
163 3
35
171 1
172 1
59 1
85 6
39 1
40 2
39 1
39 1
39 1
39 1
40 2
58 1
66 7
66 7
36 1
36 2
INDEX TO ORDINANCES.
To keep record of all claims against the city
To keep all accounts between city and other parties
To countersign and register all warrants
To deliver all warrants to parties entitled
To keep account in bill book of all bonds and other
obligations of city
To keep account between city and Treasurer
To keep separate accounts with different funds
To certify to Council balances due from any officer
To permit members of Council to examine books
To see that all officers make due report of collections
Office hours for business
Salary of
AWNINGS —To be elevated 7 feet above sidewalk
BARS, GATES AND VIADUCTS —City may require
Resolution shall specify crossings —Notice to R. R. Co
BASKET FACTORY —(See George Dee).
BATHING —Exposure of person, etc
BELL STREET —Vacation of between Blocks 8 and 9,
Dubuque Harbor Improvement Company's Addition
BETTING AND GAMING —Prohibited —Penalty
Keeping gambling house or room
BILLIARD TABLES AND BOWLING ALLEYS —
Licensed
Amount of license for
BIRTHS —Registration of —Physicians and midwives to
report
BLASTING WITHIN CITY LIMITS —Regulated
BOARD OF HEALTH —Established
Members, number of
Members —BY whom appointed
Members —Term of
Physician —Appointed by
Employees of —How appointed
Employees —Salaries of
Clerk of —Who is, and duties of
Make rules, regulations and orders
Rules of —To be published and proof of
Orders of —Entered on records of
Orders of —How served
Expense thereof —How paid
May prohibit congregation of people —When
May enter and examine building
May make complaint before Justice of Peace —When,
III
Page Section
36 2
37 2
37 2
37 2
37 2
37 2
37 3
37 4
37 4
37 5
38 6
59 1
120 16
161 1
161 2-3
140-30-137-6
165 4
142 28
142 29
68 12
69 12
157 1
141 22
61 1
61 2
61 3
61 4
61 5
62 6
62 6
62 7
62 8
62 10
63 11
63 11
63 11
63 13
64 13
64 13
0
IV
INDEX TO ORDINANCES.
Expense of persons cared for —How paid
Justice of the Peace may issue warrant for removal
ofinfected persons
Power of city not limited
Penalties for violation —Orders of
Shall have general supervision over cellars and build-
ings and renovate and remove occupants
To abate nuisances
In contagious diseases, shall provide hospital
Health Physician —Duties of
Compensation of members
BOATS, RAFTS AND BARGES —(See public landing,
wharfage.)
BOAT LANDING —For steamboats (see public landing).
BOARD OF EQUALIZATION —Appointment •of (see taxes.)
BOARDING HOUSES —License of 71 17
BONDS, OFFICIAL —Bond book, qualification of officers 27 2-3-4
BONDS —Issued to pay for street improvements (see
streets.)
BOOTH AND STOUT —Granted right of way for railway
track from Bridge Co.'s track to outer levee on
main river
BOOKS, OBSCENE —Selling of, giving or offering for
sale prohibited —penalty
BREAKING STREET LAMPS —Lamp posts
BRIDGES —Franchise to Dubuque Pontoon Bridge Com-
pany
Franchise to Dunleith and Dubuque Bridge Co
BROKERS —License of and Junk Dealers
BOUNDARIES —Of city (see charter of city, page
Of Wards
• Of Precincts
BUILDINGS—Prohobited (see fire district.)
BUILDINGS —Permits for erection of, plans to be filed.. 89 25
Fines violating chapter of
BUILDINGS, PUBLIC —Doors of, fire proof drop cur-
tains in theaters, etc 84 1-5
BUILDINGS IMPROVED —In streets without permit122
To be numbered 158-159
BUILDINGS, DANGEROUS —(See dangerous buildings).
BUILDING PERMITS
BURIAL PERMITS —Must be obtained before burial.... 157 4-3
Not issued by Recorder until filing of death certifi-
cate
BURCH, GEO. B.—Granted right to operate factory
on lot. No. 2
Page Section
64 14
64 16
64 17
65 19
63 12
63- 11
64 14-15
61 5
65 18
266
137
138
283
337
67
3 of laws.)
24- 25
25- 26
90
90
157
333
6
9
1
8
29
28
26
3
INDEX TO ORDINANCES.
BURNING OF STRAW, ETC., prohibited
BUTCHERING OF ANIMALS —Within city limits pro-
hibited
BICYLES—Regulated
CALABOOSE, CITY PRISON —Designated
CAMP STREET —Vacation •of
CAMPHENE—Manufacture and storage of (see inflam-
mable oils.)
CANAL STREET —Vacation of, from Iowa to Warren
street
CARR, RYDER & ENGLER—Granted authority to build
arch over alley
CARRIAGE, HACKS AND CAB FARES —Regulated
CATTLE —Restrained from running at large
Not slaughtered within city limits
CELLARS —Not allowed to extend into sidewalks
CEMETERIES —Sexton of, to require burial permit
CENTRAL MARKET —(See markets)
CESS POOLS —Owner to remove contents, when notified
by health officer
CHARGES AGAINST CITY OFFICERS —BY whom pre-
ferred
Shall be sworn to, and shall specify acts charged....
Council shall hear and determine
City Attorney shall conduct prosecution
If found guilty, officer may be removed or expelled
Who shall preside and vote
Removal will not exempt bond
Appointed officer removed without trial
V
Page Section
81 28
142
145
150
227
165
30
41
13
298
68 10
155-156
143 33
120 14
157 4
54 2
CHANGE OF GRADE —How made and damages as-
sessed
CHARGES FOR HAULING —Regulated
CHIEF OF FIRE DEPARTMENT —Duties of —(See Fire
Dept.)
CHIEF OF POLICE —Appointment of
Duties of
Substituted for City Marshal
CHIMNEYS AND FLUES —(See Fires)
CHARIVARIS PROHIBITED
CIRCUS, MENAGERIES, ETC. —License of
CITY ATTORNEY —Duties of. (See Attorney)
74 27
59 1
59 3
59 2
60 4
59 1
60 6
61 7
61 8
101 17 to 25
68 10
44 1
44 2
44 3
89 21
140 19
69 15
39
-CITY AUDITOR —Duties of. (See Auditor)
36
CITY ASSESSOR —Duties of. (See Assessor, taxes.) 40- 41 `
CITY ENGINEER —Duties of. (See Engineer)
VI
INDEX TO ORDINANCES.
CITY ELECTIONS —(See Elections.)
CITY MARSHAL —Duties of. (See Marshal)
CITY POLICE. (See Police)
CITY PROPERTY —Listed and Scheduled
CITY RECORDER —Duties of. (See Recorder)
CITY TREASURER —Duties of. (See Treasurer)
CITY SCALES —Regulated. (See Public Scales.)
COAL —Must be weighed before sale
COLLECTION OF TAXES. (See Taxes.)
COMMISSIONER —Street. (See Street Commissioner) .. 48
COMMISSIONER —Sidewalk. (See Sidewalk Commis-
sioner) 49
COMMISSIONERS —To assess damages for change of
grade
COMMERCIAL STREET —Vacation of
COMPENSATION OF OFFICERS. (See Salaries.)
CONCERTS —License of
CONDUCTORS TO EAVE SPOUTS —Regulated
CONNECTIONS —With gas, steam, sewer and water
pipes, excavations for
With sewers; Council may compel to be made
CONTESTED ELECTIONS AND TIE VOTES
CONTAGIOUS DISEASES —To be reported
CONTRACTS —Mayor to sign
How let for street improvements. (See Streets.)
Superintended by Street Commissioner
Superintended by City Engineer as to grade
CHICAGO, MILWAUKEE & ST. PAUL RAILROAD
Co. —Right of way granted
As successor of the C. C. Dubugae & Minnesota
R. R. Co., and Bellevue & Mississippi R. R. Co.;
route and location of line
Rights to us•e• part of Front Street for depot purposes
Vacating side walk for
Right to construct track on Twelfth Street
Right over Pine Street
CHICAGO, BURLINGTON & NORTHERN RY. CO. —
Right of way granted to
Additional right of way granted to, and cession of
ground for passenger depot
CORPORATE SEAL —Adopted
COWS —Restrained from running at large
CRUELTY TO ANIMALS —Defined, penalty for
CURB STONES —Top of to correspond to grade of street
CULVERTS —To be erected by railways
Page Section
411 43
. 44
30- 31
33
38- 39
56
101
294
69
117
117
133
1-6
12
15
40
1-13
28
29 30
158 6-7
154
48
105
235
235
236
237
238
239
243
249-254
2
43
23
155
139 13
105 4
167
INDEX TO ORDINANCES.
DAMAGES —For opening streets,
streets and alleys)
DAMAGE —To building by
Page
alleys, etc. (See
98
fire, estimated 80
Caused by change of grade. (See change of grade)101-102
DANCING HALLS —Regulation of —Water Closets in —
provided....
DANGEROUS BUILDINGS AND WALLS —To prevent
erection of
DANGEROUS BUILDINGS —Removal of and how
DEATHS —Registration of —Physician to report to Re-
corder
DEE, GEORGE—Lease of City real estate for basket
factory and lye works
DEEDS AND CONTRACTS —BY whom executed
DRAINS —To be maintained across right of way by
railroads
DISCHARGE OF FIRE ARMS AND CRACKERS —Pen-
alty for
DISTURBING LAWFUL ASSEMBLAGES —Penalty...
DISTURBING THE PEACE. (See offenses)
DISORDERLY CONDUCT. (See offenses)
DISTRICT, FIRE -Defined. (See Fire Limits.)
DISEASES, CONTAGIOUS —Attending physician re-
quired to report
DISEASED ANIMALS AND MEAT —Sale of for
food prohibited. (See offenses)
DOGS —Owner must obtain license for
DOGS —Keeping of —Regulated
DIAMOND JO LINE —Authority granted to
house and occupy part of levee therefor
DOCTORS —Traveling, license of regulated
DRAINS AND SEWERS —Obstruction of. (See Sewers.)
DRAYS, WAGONS, TRUCKS, ETC. —License of, regu-
lated
Must be numbered
Width of tires of wagon wheels, 'regulated
Rates of charges for hauling
DRUNKENNESS —In streets or public places
DRESSED HOGS —Weighing of, required and regulated
DRIVING —On sidewalks prohibited —penalty
DRIVING FAST —On streets and alleys —penalty
DRUGGISTS, APOTHECARIES, ETC —Sale by,
"Poisons" or poisonous drugs, without being labeled,
prohibited —penalty....
DUNLEITH & DUBUQUE BRIDGE CO. —Right of way
granted
human
erect ware -
of
69
84
166-167
157
292
154
167
VII
Section
139
137
137
137
158
140
75
75
288-290
69
68
68
137
68
137
57
120
138
139
337
24
15
1
2
14
2-4
4
3
6
16
30
13
9
11
10
3
18
20
11
lu
S
INDEX TO ORDINANCES.
Route of railway, speed of trains, Page Section
police regulations 338
Streets and crossings to be kept in repair
Amendment to franchise of 338
DUBUQUE & MINNESOTA RAILWAY CO. —Right of 338
way through city, conditions
DUBUQUE, BELLEVUE & MISSISSIPPI RAILWAY 231-234
Co., AND DUBUQUE & MINNESOTA RAILWAY
Co. —Right of way through city granted, Location
of line
DUBUQUE LUMBERMEN AND MANUFACTURERS'
RAILROAD CO. —Right of way for railway tracks
on Jackson and Washington streets
DUBUQUE STREET RAILWAY CO —Franchise 194-196
Tracks laid in center of street; to keepgranted 196
space be-
tween rails in repair
Rates of fare; city may take up rails to lay pipes
197
197
May lay single or double track except on Main street 197
City may make police regulations; shall not obstruct
streets
Running of cars regulated; grantees to repair dam-
ages
Other companies may cross tracks
Additional rights granted
May lay double tracks on portions of Main, Clay and
Couler avenue
May lay tracks on First or Second Streets, at its
option, and on Iowa, Third, Clay, Nineteenth and
Jackson, Lake and High streets to Eagle Point..
Kind of rail; gauge of tracks
Grantees shall pay one-half expenseoflowering Main
Street
Tracks in center of street; shall keep street in repair
between -rails
Right of renewal
Cars to be moved by electricity; steam or animal
power prohibited
Grantees may erect poles and wires
Kind of cars, speed, tracks laid to grade
Grantees shall keep in repair the space between rails
and one foot outside; tracks to conform to grade 203
Grantees shall remove snow from tracks, and haul
away from street
Kind of rails, and gauge of tracks
Grantees shall defray expense of macadamizing or
re -macadamizing between tracks, and one foot
outside
197
197
198
198
198
199
199
199
200
210
203
203
203
203
204
204
234
INDEX TO ORDINANCES.
DUBUQUE STREET RAILWAY CO. —(Continued.)
Shall conform to paving
Crossing of gutters
Time of running of
Grantees may use city fire alarm poles, and city use
poles of grantees
Rates of fare of
Other railways may cross tracks, cars of grantees
have right of way 205
Company liable for damages 206
Term of franchise, acceptance, police regulations206-207
Forfeiture clause, taking effect of ordinance 207
Additional right granted to gxtend line on Couler
Avenue to north boundary of city
Restrictions and conditions on other portion of the
line to apply to extension, hours of running
Rates of fare
Extension to be in operation by May 1, 1892
Acceptance....
Additional right for double track on Jones Street....
Conditions to' be same as on other portions of line
Authority to lay additional track on Clay Street
from Thirteenth to Fifteenth Streets 211-212
Conductors and other employes on Dubuque Street
Railway made special policemen
Conduct and language of persons on or about the
cars and buildings of company, regulated
Authorized to erect an Electric Light and Power
Plant
Poles and wires regulated —Grantees shall not ob-
struct streets
Additional conditions
Council may appoint Electrician
Extension of franchise for 33 years and company
to establish park and other conditions ,215 to 219-343
Grant for additional tracks in Ham's Addition.... 219-220
Extension of time to build lake and park 221
DUBUQUE PONTOON BRIDGE CO. —
Authority to build wagon bridge
Location of, designated
Bridge exempted from taxation —Limitation
City may fix rates of toll
City reserves right to purchase
Bridge shall not be diverted to other uses
Rates of tolls of bridge
DUBUQUE & NORTHWESTERN RAILWAY CO
Right of way on Pine Street
Ix
Page. Section
204
204
204
205
205
213 2-14
214
214
214
214
210
210
212
213
208 2-10
209
209
209
283-288
283
285.
285
285
286
288
239
239
Elections Contested —Tie Votes
ELECTION PRECINCTS —Wards divided into
First Ward
Second Ward
Third Ward
Fourth Ward
Fifth Ward
x INDEX TO ORDINANCES.
DUBUQUE & NORTHWESTERN RAILWAY —Addi-
tional rights granted
Conditions and reservations of franchise
Tracks to conform to grade, suitable culverts main-
tained
Page Section
240
241
Grantee shall idemnify city against damages....... 242
tained
DUBUQUE BUTCHERS' ASSOCIATION — (Union
Slaughter House.)
Right to erect a general slaughter house
Rates of charges for slaughtering
Council may impose further restrictions
DUBUQUE PROVISION AND PACKING CO. —Fran-
chise granted
Charges for slaughtering, for persons not members
of the company
Council may impose additional requirements 231
DUBUQUE ELECTRIC RAILWAY, LIGHT AND
POWER CO. —(See Franchise granted to Wm. Allen
and T. O. Swiney
EAGLE POINT FERRY CO. —Franchise for Ferry
EAVE SPOUTS —Conductors —How constructed
EATING HOUSES AND RESTAURANTS —Licensed —
Amount of
ELECTION OF OFFICERS
ELECTIONS —Judges and Clerks -Appointment —Com-
pensation
Appointment of place for holding
Manner of conducting
Registers of
Registers of Vacancies in
Officers -elect —Required to give bonds
Salaries of officers
Notice of Election
Appointive Officers —To hold during pleasure of
Council 28 6
Separate poll in each precinct
Electors prohibited from voting except in precinct
where they reside
241 3-I
241
224-225
225
225
230
231
273
193
117
70
27
26
26
26- 27
26
27
27
58
26
40
17
3
1
3-4
2
4
2
1
1
29- 30 1-6
25
25 1
25 2
25 3
26 4
26 5
26 5
26
5
INDEX TO ORDINANCES.
:ELECTRIC LIGHT FRANCHISES —To United States
Electric Light and Power Company
See Dubuque Electric Ry., Light and Power
See Dubuque Street Railway Company.
ELECTRIC STREET RAILWAYS —See David H. Og-
don (Hill Street and West Dubuque Street Rail-
way Company.)
See Wm. L. Allen and T. O. Swiney (Dubuque Elec-
tric Railway, Light and Power Company.)
See Dubuque Street Railway Company. (Original
Franchise.)
ELECTRICIAN, CITY —Appointment of —Duties of
Shall file a bond
Control of
How removed
Shall report monthly to Auditor number of miles
of poles and wires used by several companies...
In case of refusal to pay, poles to be removed
Salary of
ELECTRICAL CONSTRUCTIONS FOR LIGHT AND
POWER —Regulations concerning
Applications for and permits —Kind of poles
Poles —How placed —Deposit of amount sufficient to
restore street
Poles to be painted —Roofs not to be used without
consent of owners
Wires to be covered —Support and tie wires
insulated,
Stringing of wires regulated
Wires for lighting purposes, 1,nd arc lights and in-
candescent lights, regulated
Frames of arc lights and other exposed parts in-
sulated from circuit
Globes to be closed at :bottom to prevent falling
sparks
Tests for detecting ground connections to be provided 95
Standard of insulation resistance to be approved by
Council
Unused poles, wires, etc., to be removed
City Electrician to be notified of erection of any
outdoor construction
Linemen to wear badges —Fire gong in each electric
station
Council may authorize other companies to use same
poles
Penalty for violation of regulations
Co.
XI
Page Section
222
90- 91
91
91
91
91
91
59
90- 97
91- 92
2-3
5
4
6
1
7-8
92 9-10-11
92 12-13
to be
92- 93 14-15-16-17
93- 94 18-28
94 29-30
95
95
95
95
95
31
31
32
33
34
35
95 36-37
95 38
96 39
XII
INDEX TO ORDINANCES.
Page Section
Council may require wires to be put under ground.. 96 40
Electric companies shall furnish plans of wiring, etc 96 41
Electric wires, apparatus and appliances' used,
construed 96
Fees to be charged for inspection and certificate.... 43
Elevators —Inspection of 89
ELEVENTH STREET ELEVATOR —Granted right
of way
304
Conditions of grant 305
How operated 343
Waiting rooms and location of engine 305
City may make police regulations 305
ELEVATORS_ IN BUILDINGS=Inspected.. 89
ENGINEER, CITY —Duties of 40
To have charge of all records, books, plats, surveys,
etc
41 5
Surveys and plats of streets and alleys 40 2
Plats of grades 40 3
Appointment of assistants, when 41 4
Office hours of 41 4
Plans of buildings, approved by 89 25
Permits for 90 26
To have direction of construction of sidewalks.... 115 34
To contract for construction of sidewalks, when not
laid according to order of Council 116 35
Shall see that buildings are numbered 159 6
Shall inspect elevators 89
Shall inspect dangerous buildings S5
Shall prepare plans and specifications for sewers125 1
May grant permits for sewer connections 133 28
Shall make and file in Recorder's Office for public
inspection, plats of improvements of streets,
showing abutting property, names of owners and
amounts proposed to be assessed 103 _
Shall have power to prevent discharge of private
drain into a public sewer 134 ,6
Salary of 59
ENCROACHMENTS ON STREETS AND ALLEYS —
Prohibited. (See obstructions.)
ENCUMBERING OF STREETS —Without permit from
Mayor —penalty 121
EXHIBITIONS, SHOWS, ETC. —Must obtain license.... 61
EXCAVATION IN STREETS —Prohibited, unless permit
is obtained. (See obstructions of streets.) 117
EXPOSURE OF PERSON —Bathing in Mississippi
River
140
42
96
23
20
INDEX TO ORDINANCES. x[[[
EXPRESSMEN, HACKS, ETC. —License of
Charges for hauling
Must wear badge
Vehicle must be numbered
ESCAPES, FIRE AND STAND PIPES —Must be
vided
pro -
FACTORIES —Fire proof walls and flooring of
FALSE ALARM OF FIRE —Penalty for giving
FAST DRIVING —On streets and alleys
FEES —Of Marshal for impounding animals
FENDERS ON STREET CARS
FENELON ELEVATOR CO. —Franchise
FERRY —Eagle Point
FINES AND PENALTIES —Marshal shall pay over
monthly....
Mayor may remit
FINES AND COSTS —Persons committed to prison for
non-payment of, credited $3.33 1-3 each day of im-
prisonment
FIRE LIMITS —Defined
FILLING AND RAISING OF LOTS —Council may order
by resolution
Owner to be served with notice
If owner neglects to fill, city may . cause same to be
done
Mode of proceedure, special assessment ...
Special tax, how levied, collection of
FIRE ARMS —Discharge of —Penalty for
FIRE DEPARTMENT —What it shall consist of
How organized
How organized
Chief —How appointed
Chief —Duties of
Shall have control of fire department
Shall have supervision and control of buildings,
engines, etc
Shall keep roll of members, date of admission and
discharge, and amount due, make annual and
monthly report
Shall make recommendations
Shall have supervision of fire alarms, telegraph
wires, etc
Shall have control at all fires
May order, 'with the consent of the Mayor, Mar-
shal and one member of the committe on fire,
buildings, etc., removed during fire
Page .Section
68 9
68 9
68 10
68 10
81 31-33
89
137
138
156
163
313
193
43
150
151
79
135
136
135
135
136
139
76
77
79
79
76- 85
76
76
76
76
22
11
3
1-2
6
12
15
20
1
4
2
3-4
7
14
1
7
17
16
2-4
2
3
77 4
77 5
77 6
xIv
INDEX TO ORDINANCES.
May call upon persons to assist
Members of fire department, whom it shall con -
consist of
Assistant Chief —How appointed
Assistant Chief —Duties of
Chief to inspect buildings
Compensation of members of
Discharge of members of
Removal of Chief —How
Vacancy —How filled
No person shall injure fire apparatus, etc
No person shall hinder or interfere with the fire de-
partment
Marshal and police to attend fires —Duties of
Rules and regulations for fire department —How
made
Penalty for violating
FIRE DISTRICTS —Limits of
Frame buildings prohibited in
Certain low frame structures permitted
No wooden building to be raised, enlarged or moved
Not repaired or rebuilt if injured Fifty per cent of
its value
Extent of damage —How ascertained
Lumber yards in Fire District prohibited except by
permit of the Council
FIRES —To prevent, regulations therefor, stove pipes,
passage through roof, partition, etc
Burning of shavings, straw, etc., prohibited -
Stacking of hay, straw, etc
Trying or rendering lard, greese, or boiling oil,
varnish prohibited, exception when
Fine for violating chapter on fires
FIRE ESCAPES, STAND PIPES AND METALLIC
LADDERS —in buildings, except private resi-
dences, of three or more stories in height; must
be provided
Penalty for non-compliance.
Metallic stand pipes required in certain buildings..
Manufacture of kerosene, etc., within fire limits
prohibited
Keeping on hand quantities of, etc., prohibited
FLOORS AND ROOFS
FOUNDATIONS —Of buildings, regulated
FRAME BUILDINGS —Prohibited within fire district
Page Section
77 5
77 7
77 7
78 11
78- 85 12-4
77 8
78 9-10
79 18
79 19
78 13
78 13
78 14
78 15
82 34
79 20
79 21
80 22
80 23
81 25
80 24
80 26
81 27
81 28
81 29
81 30
82 34
81 31
82 32
82 33
83 6-7
84 8
88 18
86 7-8
79- 88 19-21
INDEX TO ORDINANCES.
Page
FRESH MEATS —Diseased or tainted, sale of prohibited 140
54-1-143
Subject to inspection
GAMBLING HOUSE —Keeping or frequenting
GAMING —Penalty for
GAS —For lighting City of Dubuque —Grant to Barker
& Spelman..
Franchise extended . November 5, 1877, for ten years
to Key City Gas Company
Price of gas to be subject to regulation by Council
yearly...,.....
Franchise extended for ten years from July 1, 1884
Prices for use of gas established
Franchise not to be exclusive
City not to be liable for damage by change of grade,
etc
Gas Company shall keep excavations guarded and
lighted
Shall restore excavated streets to good condition... 190
Franchise extended June 11, 1892, for twenty years
from July 1, 1894
Prices of gas to be subject to control of the City
Council 191-192
GATES, BARS AND VIADUCTS —At railway crossings 161
GEESE —Restrained from running at large 155 1.
GRAIN AND PORK MARKET —(See markets.)
GRANT PARK —(See Public Parks.)
100-101 15-16
100 15
xV
Section
16
32
GRADES —How established
Fixed, to be recorded
Application for change of —Engineer to prepare
profile
Notice to be • given
Personal notice to be given abutters
Change considered by Council
Council to appoint three commissioners to appraise
damages,— who shall take oath
Council •to approve or annul appraisement
Appraisers to view premises and return appraise-
ment to Council 102
Proceedings when no improvements have been made 101
102
102
169-171
102
141 26-29
142 28
187
188
189
190
192
189
190
190
190
Amount of appraisement to be set apart......
Appeals from —How taken
Grade of certain streets established
Amount of damages —How determined
GUARDS AT RAILWAY CROSSINGS —(See gates, bars, etc.)
GUNPOWDER —Keeping of, regulated, permits required 82
If greater quantity than 50 pounds must be 200
feet distant from any other building
101
102
102
101
101-102
102
82
17
22
22
18
21-22
25
24
19-20
26
27
23
IMF
XVI
INDEX TO ORDINANCES.
Shall not sell by fire, candle or lamp light
Penalty for keeping, etc
When fire occurs in building near where stored
Mayor to direct Marshal to investigate violations..
Permits for selling not to be granted to intemperate
or imprudent persons
HACKMEN—Must have number on vehicle
Must obtain license
Hack or carriage must have number
Rates of fare
HARBOR MASTER —Appointment of and duties
Shall collect wharfage and pay over same
Steamboat landing designated
Private wharfboats, etc
Wharfage on wood landed
Penalty for refusing to pay wharfage
Penalty for resisting Harbor Master
Compensation of
HAY, WOOD AND GRAIN MARKETS —Established,
location •of
Sale of hay elsewhere prohibited
Hay teams not to stand on streets
Hay must be weighed before sale
Falsification of weigher's certificate
Sale of wood elsewhere prohibited
Grain and pork market designated
Ptiblic Weigher to weigh grain, etc
HAY —Stacking of, prohibited
HEALTH OF CITY —(See Board of Health.)
HEALTH OFFICER —(See Board of Health.)
Salary of
HEALTH PHYSICIAN —Duties of
Salary of
HIGH BRIDGE —(See Dubuque Pontoon Bridge Co.)
HODGE, O. F.-Alley in Block 20, given to
HOGS, DRESSED —Appointment of weigher
Charges for weighing
Weighing of, regulated, charges for
Restrained from running at large
No hog dealer eligible for weigher
HORSES —Not driven onto sidewalks
Restrained from running at large
HOSPITAL FOR CONTAGIOUS DISEASES —(See Board
of Health.)
HOTELS AND BOARDING HOUSES —License of
Runners for, license of
Runners must wear badges —Conduct of
Page Section
82 2
84 9
83 3
83 4
83 5
68 11
68 9
68 11
68 10
50 1
50 2
50 3
50. 4
51 6
51 7
51 8
59 1
56 9
56 11
56 10
56 11
56 13
56 14
56 15
57 18
81 29
59 E
61 5
59 1
297
57 22
58 22
58 22
155 1
58 24
120 20
155 1
70 17
71 18
71 L8
INDEX TO ORDINANCES.
HOUSES OF ILL FAME —Penalty for keeping
HOUSE DRAINAGE —(See Sewers.)
HUCKSTER STANDS —(See Markets.)
HUFF STREET —Vacated
ILLINOIS CENTRAL RAILWAY CO. —Right
granted for tracks on alleys between Main and Iowa
Streets, south to Railroad Avenue
Authority granted to extend tracks on Jackson
Street to Tenth Street
Authority to lay sidetrack on Washington Street to
point opposite and along the Oat Meal Mill
Authority to lay track on the One -hundred foot
strip from point above Fifth Street south-
erly to and across Jones Street, and other con-
necting tracks
Right of way on Salina Street
... 262
263
264
xvIi
Page Section
140 18
314
Right of way for sidetrack
Right of way on Iowa Street
Right of way on Washington Street
ILL FAME, HOUSES OF —Penalty for keeping. (See
Offenses.)
IMPOUNDING ANIMALS —Found running at large.... 155-156
70
of
way
254
255
256
257
259-262
INN KEEPERS —License of
IMPROVEMENT OF STREETS AND ALLEYS —(See
Streets.)
INFLAMMABLE OILS —Manufacture and storage of..
INDECENT EXHIBITIONS OF ANIMALS
INSPECTION OF BOATS —(See Board of Health.)
INGRAM, KENNEDY & DAY —Granted right of way
for railroad track
INJURY —To property, penalty
INJURY —To !sidewalks —pavements
INJURY —To street lamps, lamp posts, telegraph poles
or wires, penalty
INJURY —To animals
INSPECTOR OF WOOD —Appointment of (See Wood
Measurer.)
INTOXICATION —In streets and public places, penalty
JACKSON SQUARE. (See Parks.)
JUDGMENTS —Satisfaction of. (See prosecution)
JURIES —For assessment of damages by opening streets,
venire, how summoned. (See Streets and Alleys:)
KEROSENE OIL —Manufacture and storage of. (See
Inflammable Oils.)
KNAPP, STOUT & CO. CO. —To fill certain lots and
streets to grade
140
17
103
83- 84 6-7-8
137
2
267
138 8
121 25
138 8
139 13
51 1
137 3
146 6
301
xvxii INDEX TO ORDINANCES.
May occupy and use streets filled by them
City may resume possession by giving one year's
notice
Granted right of way for railway tracks
Tracks to be on established grade, spaces to be
planked
KEY CITY GAS CO.—Orignal grant to Barker & Spel-
man
Renewal for ten years
Price of gas to be regulated by Council
Grant renewed for ten years from July 1, 1884
Price of gas established
Grant renewed for twenty years from July 1, 1894
Extended eight years after June, 1914
Price of gas for cooking, etc., to be regulated by the
Council
KEEPING GAMBLING HOUSE —Penalty
KEEPING HOUSE OF ILL FAME —Penalty
LAMPS, STREET —Penalty for breaking or injuring
LANDING, PUBLIC —(See public landing.)
LARD, ETC. —Rendering of prohibited except
LAYING OUT OF STREETS —(See Streets.)
LIBRARY PUBLIC —To be maintained
Vote therefor ordered
Tax therefor
LICENSES —By whom required
How paid
Not transferable
How issued, signed and numbered..
Period of
Recorder shall keep register of licenses
Marshal to enforce ordinance relating to same
May be revoked
Auctioneers
Brokers and Junk Dealers
Billiard tables and bowling alleys
Boarding Houses
Circus, theaters and shows
Drays
Dogs
Exhibitions
Expressmen
Hacks, Etc
Hotels and Inn Keepers
Hotel Runners
Merchants, transient
Page Section
302
302
302
302
187
188
188
189
189
190
191
192 4
142 29
140 18
138 8
81 30
168 1
169 2
169 2
65 1
65 2
65 3
65 3
65 3
66 5
66 6
66 4
66 7
67 8
68 12
71 17
69 15
68 9
75 30
69 15
68 9
68 9
70 17
71 1a
72 21.
1
4
5
1
2
1
INDEX TO ORDINANCES.
Peddlers
Physicians, traveling
Pigeon Hole Tables
Runners —Hotels, boarding houses
Restaurants
Skating and roller rinks
Street venders
Ten Pin Alleys
Theaters
Transient merchants
Traveling Physicians
Vault cleaners and scavenger
Wagons, drays, trucks, etc., to be numbered
Penalty for doing business without
Person includes firm and corporations
Expiration of license
LICENSE REGISTER -Recorder to keep
LIMITS —Of fire district defined
LOTS —Raising and Filling
LOADS —Rates for hauling
LOITERING —About streets, saloons, houses of ill fame,
etc., prohibited, penalty
About stairways, entrances, passage ways, etc,
penalty
LUMBER YARDS —Not established in fire district....
MALICIOUS MISCHIEF —Punishment for
MAPS AND PLAT —Of additions must • be approved
by the Council
MARKETS, CENTRAL —Established and regulated
Rent and sale of stalls
Market Master shall exercise general care of
When open
No watered, adulterated, tainted or unsound meats,
vegetables, or other articles of food permitted
to be sold at
Loafing, lounging, tobacco, smoking and dogs, pro-
hibited during market hours
Selling fresh meats, etc., outside of market, not
prohibited
Sale on streets, outside of market, of game, butter,
eggs, vegetables, fruit, prohibited except
Penalty for violation of market regulations
Public weighers of hogs and grain to be appointed
by the Council
Penalty for occupying stall without lease
Penalty for selling articles without weighing
xIx
Page Section
69 14
69 13
68 12
70 17
71 1'7
70 16
72 20
68 12
69 15
72 19
69 13
72 21
68 11
75 33
75 34
75 36
65 5
79 20
135 1-7
68 10
140 17
141 23
80 26
183 8
162 1
54 2
55 3
54 1
55 4
54 1
55 8
55 8
55 6
58 26
5'7 22
55 7
58 26
XX
INDEX TO ORDINANCES.
MARKETS, HAY, WOOD AND GRAIN —Location of..
MARKET MASTER —Appointment and duties of
Compensation of
Shall rent stalls
General duties of
Articles to be weighed by
MARSHAL, CITY —Duties of
Salary of
Arrest by —How made
Execute —Process
Deputies —Appointment of
May require aid from citizens to suppress riots or
prevent violation of law or ordinance; penalty
for refusing such • aid
Shall have charge of entire City Hall building
Serve all process and orders of mayor and council
Pay over moneys collected by him to Treasurer
Keep a book account of all moneys
Make annual settlement with Treasurer
Make statement under oath
Shall attend all sessions of the Council
Safely keep property of arrested persons
Notify City Attorney of all prosecutions brought
Penalty for neglect of duty
Shall attend all fires, duties at
To kill unlicensed dogs
Shall enforce ordinance restraining animals from
running at large
Shall enforce all ordinances in relation to licenses
Shall open streets and remove obstructions
Fees for impounding animals
Police shall be subject to orders of Marshal in day
time
Shall keep a register of all persons committed to
Calaboose
....................
Shall remove awnings and posts on and over side-
walk, etc
Shall attend trial in prosecutions
Report violation •of ordinance to Mayor
Report and abate all nuisances
MAYOR OF CITY —General duties of —Shall be chief
executive officer of the city and enforce therein the
• state laws, and ordinances of the city
Shall preside at meetings of City Council —Rule 4,
paragraph 19, charter, Sec. 11.
Special sessions of Council -When and in what man-
ner called
Page
56
54
58
54
54
57
41
58
42
43
43
Section
9-10
1
1
2
3
19
1
1
2
5
4
42 2
42 3
43 5
43 6
43 7
43 8
43 8
43 10
43 9
43 10
43 11
74 14
75 31
156 4
66 6
99 7
156 3
44 1
46 15
120 19
149 8
42 1
42 1
31 1
19
32 2
INDEX TO ORDINANCES.
Shall have general supervision of city officers and of
their books, papers and records, and their manner
of conducting their business
Shall report all violations, or neglect of duty by city
officers
Shall sign all contracts between city and other
parties
And sign all ordinances and resolutions
Shall be a conservator of the peace
Penalty for refusing such aid to
Office of Mayor at City Hall
Shall sign all deeds, releases and contracts
May appoint policemen
Salary of
MAYOR PROTEMPORE—(See Sec. 11 of City Charter.)
McDONALD & MORRISON MANUFACTURING CO. —
Vacation of streets and alleys to
MEASURES AND WEIGHTS —(See weights and meas-
ures.)
MEATS, DISEASED —Tainted or unsound, sale of,
penalty
MEAT —Inspection —(See inspection of meats, etc.)
MERCHANTS, TRANSIENT —Must obtain license
MIDWIVES Must report births to Recorder
NEGLECT OF DUTY —By city officers, Mayor to report
NORTH AMERICAN TELEGRAPH COMPANY —Fran-
chise granted to, to maintain telegraph line
NOTICES —Marshal to serve all process, and orders of
the Mayor and City Council
Marshal to notify the City Attorney of the viola-
tion of city ordinances
NON-RESIDENT PROPERTY OWNERS —How notified
of proposed taking of property for streets, etc. (See
Streets.)
How notified of special assessments for street im-
provements. (See Streets.)
NOTICE —Before tax deed executed. (See Taxes.)
In contested election
NUISANCES —Authority of Mayor and Marshal to abate
Slaughtering of animals, and use of buildings for
that .purpose within city limits, prohibited, pen-
alty
Casting or leaving the carcasses of dead animals, or
other filth or offensive matter in the streets,
alleys, or public places prohibited, penalty
xxI
Page Section
32
32
32
32
32
33
154
44
58
313
5
6
6
7
1
143 35
72 19
157 1
32 4
304 1
43 5
42 1
29
144 37
142 30
143 34
xXII
INDEX TO ORDINANCES.
Suffering any cellar, vault, privy, private drain,
sewer, or grounds to become. offensive or injuri-
ous to the public health forbidden, penalty for
Suffering any soap or other factory, butcher shop,
meat packing house, livery stable or barn, to
become nauseous, sour or offensive, penalty for
Mayor and Marshal to have authority to enter sus-
pected premises, and abate nuisances
City may remove or abate nuisance at expense of the
owner of the premises
Suffering offal, filth, manure, etc., to accumulate
or remain on streets or alleys abutting premises
of owner or occupant
No privy vault to be less than twelve feet in depth —
Penalty
OATH OF OFFICE
OBSTRUCTION OF STREETS, ALLEYS AND SIDE-
WALKS
Excavations in not allowed without permit
Engineer to issue permit in unpaved streets
Excavations and fillings done under direction of
Street Commissioner
Excavation —How replaced
Bond to be given by party making excavation
Excavation in paved streets require permit from
Recorder, and what to state
Deposit of money required before permit is granted
Contractors for sewers not required to make de-
posit
Certificate required of contractor for sewers that
excavation has been filled, otherwise expense of
to be deducted from amount due on contract....
Duty of city officers to take notice of excavations
and to arrest therefor persons having no permit..
Permits for excavations —How granted, signed and
recorded
Persons making excavations shall keep the same
protected by barriers and lights
Re -Filling of excavations in paved streets to be
done by the Street Commissioner
Re -Filling in unpaved streets when not done by
contractor to be done by Street Commissioner
at the expense of the contractor
Report of the expense of the same to be made to
the City Treasurer
Sprinkling not permitted without permit
Page Section
144 :48
144 36
144 37
144 38
143 34
144 36
28 4
117 1
117 1
117 1
117 1
117 1-2
117 3
118 5
118 6
119
119 11
119 10
118 7-9
119 13
11N 8
119 12
119 12
151-152
r
INDEX TO ORDINANCES.
Page Section
OBSTRUCTIONS IN STREETS AND ALLEYS—Pro-
120-124
hibited.......... 20 16
Awnings to be elevated seven feet .............. • • • 1.. 16
Builders not to encumber, except....... • • • • • • ..1220 20
Buildings removed along, how 122Cross walks to be kept open 121 28 21
Cellar openings not allowed to extend into.... • • • • 120 4
Driving t i ms on sidewalk prohibited..... • • • • •120 2120 20
Digging sand or gravel in prohibited......... • • • • • 123 31
Erections upon prohibited
Fastening teams so as •to obstruct sidewalk, pro -
Goods, merchandise not to be placed upon sidewalk hibited 120 17
Injuring or tearing up pavement or sidewalk pro-
........... .......... .
hibited....
Porches not to extend into or upon
Sign Posts not permitted, except
Snow and ice to be removed from sidewalks
Street Commissioner upon failure toremove the
same
Charges therefor
How paid
Sidewalk Commissioner to report failure to
move....
Notice of levy for, to be published
Council to pass on the same special assess -
Taxes therefor to be entered among sP 124 36
assess-
ments 26
Vaults under sidewalks to be laid of brick or stone, 122
Wagons, •carts, etc., with teams not attached, not
to stand on streets
Fine and penalty for violation of this chapter
re -
121
XXI II
22
121 25
120 14
120 15-18
123 32
123 33
123 33
123 33
OFFENSES
Animals abusing of, prohibited
Animals, slaughtering of, regulated
Blasting Rock
Bicycles, use of, regulated
Breaking or injuring public property, cemeteries
or monuments, prohibited
Barns, soap factories, etc., offensive punished
Bathing in the river regulated and punished
Cellars, vaults, drains, offensive, punished
Dancing halls etc., to have water closets
Discharge of fire arms prohibited
Disturbers of peace punished.
Driving immoderately
Diseased animals or fowls, sale of prohibited......
123 34
124 . 34
124 35
122 29
124 37
137
139 13
142 30
141 22
145 41
138 8
144 36
140 20
144 35
141 24
139 14
137 2
138 11
140 16
of
the street, pro -
Page
137
140
137
143
allowed....., , 144
Fastening of horses to fences or trees, 137
prohibited138
Gambling and gambling houses prohibited
Meat tainted, sellingof, 141-142
prohibited 142
Meeting of vehicles in highway how to turn out
Obstructing fire engines, etc., 139
punished 145
Playing ball in streets, etc., prohibited
Poison, selling of regulated 141
139
XXIV
INDEX TO ORDINANCES.
Disturbers of assemblies or public places punished,
Disorderly houses, maintaining and frequenting,
punished
Exposure, indecent of person, etc
Exposing or leaving dead animals in
hibited
Examination of offensive buildings
False alarm of fire, punished
Sabbath breaking, what is, and punished
Selling obscene books, pictures, etc., prohibited
Smoke, offensive from engines, etc. prohibited
Slaughtering houses regulated
Slaughtering diseased animals punished
Slot Machines prohibited and use punished
Street lamps and lights, extinguishing, of punished
Sex, disguising of punished
Weeds, obnoxious growth of prohibited
Weeds ordered to be cut, how
Weeds cut by city, tax for
OBSCENE Books, Pictures, etc. —Penalty for selling or
exhibiting. (See Offenses.)
OFFICIAL BONDS, and gaalification of officers
OFFICERS —Bonds of —Requisites and approval of
Charges against —How made and tried
Election and terms of
Incoming to give receipts to outgoing officers for city
property, and make schedule of same
Neglect of duty —How punished
Terms of office —When to commence
Vacancies —How filled
OFFICIAL RECORD —Of City Council, manner of keep-
ing regulated
OGDEN, DAVID H.—Franchise for electric street rail-
way
Streets occupied
Tracks to conform to grade, and to be kept in repair
City may remove rails to make repairs
Terms and conditions of grant
Nuisance to be abated, etc
144
Section
4
18
6
34
37
5
10
26-29
30-31
12
40
21
15
38-39
141 25-26-27
138
145
143
142
142
138
137
146
147
147
138
27
27- 28
59
27
30- 31
59
27-28
28
35- 36
267
268
269
270
271
6
42
33
30
28
'9
6
3
4
45
1
1
1 to 6
1
1-7
7
INDEX TO ORDINANCES.
Hours of running
To stop at crossings
OILS INFLAMMABLE —Manufacture and storage of
regulated
OPENING, ALTERATION —And vacation of streets and
alleys. (See Streets.)
ORDINANCES, REVISED —Of 1901, publication in book
form 20
ORDER —Rules of City Council
PACKING HOUSES —Right to maintain granted to Du-
buque Butchers' Association
Right to 'maintain granted to Dubuque Packing and 230
Provision Co 225-228
Right to maintain granted to S. D. Cyan
Right to maintain granted to J. H. Strobel229
PAGE, JOHN P.—Grant and release to John P. Page of
Lot 2a of subdivision of City Lot 304
PARKS, PUBLIC . . . . . . . . • ..etc. Rates
PASSENGERS —In carriages, hacks, cabs,
of fare regulated
PARTY WALLS —(See Buildings).... ..
PAWN BROKERS —(See License)
PEDDLARS—Prohibited from selling without license —
Penalty
XXV
Page Section
271
272
83- 84
PEACE —Disturbance of . . . . .
PERMITS FOR BUILDINGS
PERMIT FOR BURIAL —Undertakers and sextons must
obtain before burial
PERSON —Includes firm and corporation
PHYSICIANS, TRAVELING —License of
PHYSICIANS —Must certify deaths to. Recorder
Must certify births to City Recorder
Must report contagious diseases
PICTURES, OBSCENE —Penalty for selling or exhibiting
PIGEON HOLE TABLES —License and regulation of..
PLATS —(See Additions.) Engineer to prepare....
Of proposed street or alley —
Of grade proposed to be established
Of grade proposed to be changed
PLANS —Of proposed new buildings submitted to the
Engineer
POLICE, CITY —Appointment of
Qualifications for policeman
Control of
Oath of office
185
224
295
239
68
67
69
137
90
157
75
69
157
157
158
137
68
97
101
101
89
44
44
44
44
10
14
2-3
26
3
34
13
2
1
6
6
12
1-2
17
17
25
1
2
1
3
XXVI
INDEX TO ORDINANCES.
Peace Officers
Neglect of duty, or improper conduct
Powers of police officers
Conduct of, while on duty
Shall not accept presents, gratuities or reward
for services rendered
Shall not compound an offense, or withdraw com-
plaint
Shall not communicate information filed
Shall wear insignia of office
Shall not be absent from duty, or leave city without
consent of Mayor
Disposition of persons arrested
Shall not misuse prisoners
Marshal shall keep registry book of arrests and
commitments to calaboose
Prisoners in calaboose to be brought before court
Hackmen, omnibus drivers, runners, porters, etc.,
when about depots or landings to obey police....
Policemen shall obey marshal or chief of police and
report to him all violations of ordinances
Penalty for interfering with police in making arrests
Falsely assuming to be a policeman, penalty for
Duties of to remove obstructions
Uniform of police. (See Rules of)
POISONS —Sale of, regulated; register of sales
POOL TABLES —License for. (See License)
POLES —Electric light, regulated
Telegraph (See North American Telegraph Co.)
Telephone (See Western Telephone Co.)
PORCH —Not allowed over sidewalk
POUND MASTER
POWDER —Keeping of, regulated. (See gunpowder)...
PONTOON BRIDGE —(See Dubuque Pontoon Bridge Co.)
PRECINCTS —ELECTION —Established
Separate polls in each
PROPERTY OF CITY —(See city property)
PROFANE LANGUAGE —In streets and public places
penalty
PRIVY VAULTS —Regulated. (See License —Scavenger.)
PRISONERS IN CITY PRISON —Register of, kept......
Taken before Justice, maltreating of, penalty......
POLLS. —(See Elections.)
POSSE COMITATUS—Mayor may summon
Marshal may summon
Page Section
43 3
45 4
45 6
45 7
46 8
46 9
46 10
46 11
46 12
46 13
46 14
46 15
47 16
71 18
47 17
47 1,9
47 30
47 21
47 22
139 15
68 12
91 7
119 14
156 4
82 2
25- 26
26
30- 31
4
137
46 15
46 13-14
32 6
42 2
INDEX TO ORDINANCES.
PROSECUTIONS —By whom and how brought and man-
aged....
Defendant not entitled to jury
Defendant to be held in jail until payment of fine
and costs, not exceeding thirty days
Marshal to attend trials, make monthly statements
to Auditor
Court to report to Auditor monthly
Court, witness and officers' fees
Fines or costs received, paid to Treasurer
Warrants —How served
Action of court on conviction of offender
Mayor may remit penalty
Location of city prison
Mayor shall prescribe regulations for management
of prison
Marshal shall superintend prison
Prisoners committed at hard labor for non-payment
of fines and costs credited for each day of im-
prisonment
Officer to protect prisoner from annoyance while at
labor
Fine extent of where not otherwise fixed
Execution may issue for fine and costs
Suits for barred in one year
PUBLIC PLACES —Sprinkling of. (See Sprinkling.)
PUBLIC BUILDINGS —Doors, stairs
PUBLIC LANDING —(See Harbor Master.)
PUBLIC SQUARES AND PARKS Established
Park Custodian to have special charge of public
parks
Injury to or defacement of
Condemnation of lands for
PUBLIC BUILDINGS —Doors of, to open outwardly
Winding stairs in, declared a nuisance
Aisles to be kept unobstructed
Fire proof doors -and drop curtains in theaters
Engineer to inspect and report defects
Council may order Marshal to close building
Use of such building for public entertainments,
penalty for
PUBLIC SCALES —Appointment of weigher
Weighing of hay, and certificate of weight
Falsification of certificate
Weigher to remain in attendance and keep scales in
repair
XXVII
Page Section
148
148
148
140
149
150
149
148
150
150
150
150
150
151
157
149
148
148
1-6
3
4
9
10
9
2
11
12
13
14
14
15
16
7
4
5
84 1-2
50- 51
143-154
154
154
339
84
84
84
84
85
85
85
57
56
56
1
_2
2
3
4
4
:)
22
11
13
57 17
XXVIII
INDEX TO ORDINANCES.
Weigher shall weigh hay, cattle and hogs, keep Page Section
account of articles weighed and fees received,
and make report of same
Duties of Market Master at Central Market
QUALIFICATIONS OF OFFICERS
RAILROAD TRAINS -Speed of, regulated
Bell to be rung while in motion
Not to stand on crossings so as to obstruct travel
Penalties for violation of ordinance
Penalty for interference with railway property....
Getting on or off trains while in motion —penalty
for
Mayor may appoint as special policemen, watchmen
of companies
RAILWAYS AND STREET RAILWAYS to erect
culverts
RAILROAD CROSSINGS —Council may order bars,
gates or viaducts to be maintained
RAILROADS —Dubuque and Minnesota
To Dubuque, Bellevue and Mississippi R. R
To Dubuque and Northwestern
To Chicago, Milwaukee & St. Paul Ry. Co
To Illinois Central Railroad Co
To Lumbermen's & Manufacturers' Railroad Co
To Dubuque & Northwestern Railroad Co
To Chicago, Burlington & Northern Railroad Co243 to 254
To Ingram, Kennedy & Day
To Booth & Stout
.To Knapp, Stout & Co. Company
RAISING AND FILLING OF LOTS —(See filling of lots)
RECORDER, CITY —General duties of
Shall keep record of ordinances and proceedings
of Council and index same
Keep seal of the city, and attest deeds, contracts,
etc
Keep register of licenses
Draw all warrants on the treasury
Keep register of warrants
Report to Council an account of receipts of moneys
filed in his office
Keep all records, papers and official documents of
city
Keep list of all committees
57 18
57 19
27- 28
159 2-6
160 7
160 8
160 9
161 10
161 11
161 12
167
161-162 1-4
231
Co.. 234
239-243
235 to 240
254-265
194
239-240
267
266
301
135
33 1
33 2-3
34
34
34
34
34
34
35
4
5
6
7
8
9
10
INDEX TO ORDINANCES.
Shall furnish to officers or citizens certified copies
of official papers when necessary, or demanded..
Council may appoint Recorder pro tem
Shall cause journals of Council proceedings to
be printed in pamphlet form
Shall report births and deaths to City Council
Furnish copies of Journal to Mayor and Council
Shall sign and attest official journal
Official journal to contain all proceedings of Coun-
cil
Shall cause monthly., journal for each year to be
bound together in one volume, with index
Compensation of
RECORDS, OFFICIAL —Manner of keeping. (See official
records.)
RECORDER PRO TEM—Council may appoint
REDEMPTION FROM TAX SALES. —(See Taxes.)
RELEASES DEEDS, ETC. —How executed
REGISTER OF BONDS —Kept by City Auditor
REGISTER OF LICENSES —Recorder shall keep
REGISTER OF WARRANTS —Recorder shall keep
REGISTRATION. of births and deaths
REMOVAL OF OFFICERS —Manner of
REPAIRING OF SIDEWALKS. —(See Sidewalks.)
RESTAURANTS —License of
REIFSTECK & SCHEPPELE—Releasing and granting
certain property to
REMISSION OF FINES AND PENALTIES —Mayor
may remit
REPAIRING OF SIDEWALKS —Regulated
RESOLUTION ORDERING REVISION
ROLLER SKATING RINKS —License of, regulated
REVISED ORDINANCES OF 1901—Authorized and
Adopted 23
RIOTS AND UNLAWFUL ASSEMBLIES —Mayor may
summon posse
In case of, Marshal may summon posse
RULES OF ORDER -Of City Council
RUNNERS —For hotels, boarding houses, omnibuses,
etc., license of
Must wear badges
RUNNING OF RAILWAY TRAINS AND ENGINES —
Regulated
RYAN, S. D.—Authority to establish Packing House....
Authority to use part of levee in front of Block 27,
D. H. Co.'s Add
xx x
Page Section
35 11
35 12
35 1
158 7
36 2
36 4
36 3
36 4
58
35
35 12
154 1
37
66 5
34 6
157 1-2
59
70 17
290
150 12
116 36 to 39
23
70 16
-185-186
32 6
42 2
19 to 22
71 18
71 18
1
159
225
228
XXX
INDEX . TO ORDINANCES.
Right to improve and use Camp Street
Right to erect staging on levee
SABBATH—Observance of —Penalty for violating statute
SALARIES of officers fixed
SALARIES —Not to be increased, when
SANITARY SEWERS. —(See Sewers.)
SANITARY OFFICER —Compensation
SCALES, PUBLIC. —(See Markets and Public Weighers.)
SCAVENGER AND VAULT CLEANERS —Business of,
regulated
Duties of
Health officer, Marshal or members of Board of
Health may require contents of vaults to be re-
moved
The covering or contents of vaults with earth, pro-
hibited, penalty for
License of Scavenger may be revoked
Rates of charges regulated
SALES OF PROPERTY —For non-payment of taxes
(See taxes.)
SEAL OF CITY —Corporate —Adopted
SEWERAGE —General system of
Appeals from assessments
Assessments therefor —How made
Bids therefor —How made —Council may reject
Bond to be given by contractor
Bonds issued fox payment
Bonds for —Form of
Bonds —How sold
Bonds to be registered
Certificates therefor —How issued
Certificates —What to state
Certificates to be registered
Certificates not to be sold for less than par
Construction —Resolution for
Costs thereof —How paid
Contract for construction —How made
Council, vote of,when on petition -
Council, vote of, when no petition
Council to hear objections
Deficiency after assessment -How paid
Districts —City divided into
Examination of work of construction
Funds relating to —How keg -
General sewer tax —How ivied
Page Section
227
227
141 25
58 1
59 2
59 1
72 25
73 23-24
73 26-27
74 28
72 21
72 22
23
124
132 27
131 21
126 6
126 7
126 8
127 8
128 10
128 9
126 8
129 12
128 9
129 12
125 3
130 17-21
126 6
125 1
125 2
130 20
131 23
134 38
130 16
128 10-11
131 22
f
INDEX TO ORDINANCES.
Limitations of actions questioning bonds
Money received —How paid out
Notice of intention to construct
Notice to file objections
Notice to let contract
Notice of Treasurer of delinquency and sales
Objections to construction may be filed
Objections to be considered by the Council
Objections to proceedings made, when
Petition asking for construction
Petition referred to City Engineer
Plat made before vote for
Plat showing costs of after construction
Plat to be filed with Recorder
Sales for taxes —How made
Tax general for sewerage
Tax levy for special assessment
Temporary loan to pay interest
Sewers —Regulations of
Board of Health to control
Connections when required
Discharge of improper matter into prohibited
Failure of owner to connect city may
Expense of, how collected
Garbage not to be deposited in
Gutters not to be connected with
Injury to prohibited
Opening into public sewers prohibited
Privy vaults not to be opened or connected with
Penalty for violation of this chapter
Inspector of sewers may be appointed
Inspector —Salary of
SEXTONS OF CEMETERIES —To require permit before
burial
SHEEP —Restrained from running at large.
SIDEWALK COMMISSIONER —Appointment of, duties
Report defects in sidewalks
Remove obstructions
Shall give bond
How removed
SIDEWALKS —Construction of
Council may order by a majority vote, when..:.....
Council required to order by three -fourths vote when
Curbstones —How set
Engineer to examine petition and report
Engineer to bu.id in case of failure of abutter
XXXI
Page Section
130 15
129 14
125 4
130 19
126 6
132 24
125 4
125 5
132 26
125 1
125 1
125 3
130 18
130 18
132 24-25
131 22
130 20
129 13
133
133 28
133 28
134 34
133 31
133 31
134 34
133 • 32
134 34
133 -29
133 32
134 35
134 37
59 1
157 4
155 1
49 1-2
49 4
49 5
49 7
49 6
103
103 1
103 1
115 32
103 1
116 35
XXXII
INDEX TO ORDINANCES.
Engineer —How to proceed
Engineer to supervise laying of sidewalks
How laid
How paid for
Levy same as other special taxes
Material to be used in
Notice of order to build --
Notice of intention to levy
Obstructions of. (See obstructions in streets, etc.)
Proceedings to collect tax same as other special
taxes
Recorder to furnish Auditor with copy of resolution
levying tax
Rebuilding of sidewalks
How ordered
How proceedings are to be conducted
How paid for
Repairing of sidewalks
Commissioner of shall repair, when
Defects in notice of to be given
Expense of when built by city —How paid
How collected
Lien of, tax for
Notice to repair
Notice of levy
Temporary sidewalks —How built
Water to be conducted under sidewalks
SKATING RINKS, ROLLER —License of
SIGN POSTS —Prohibited on sidewalks
SLAUGHTERING IN CITY --prohibited
SNOW AND ICE —On sidewalks removal
obstructions.)
SHADE TEES —(See obstructions.)
SLEIGH BELLS —Driving sleighs, cutters, etc., without
bells prohibited
SNOW AND ICE —To be removed
SPECIAL TAXES —What are
SPRINKLING OF STREETS AND PUBLIC PLACES —
Permit required.........
Application for permit
Recorder to keep record of permits
Council may designate certain hours for sprinkling
Penalty for violations of ordinance
SQUARES, PUBLIC —(See public squares and parks.)
STAIRWAYS —Winding, not allowed
STANDARD LUMBER CO. —Streets granted to
of.
Page
116
115
115
116
116
115
115
109
116
110
116
116
116
116
116
116
116
116
116
116
116
109
117
117
70
120
142
(See
117-123
117-121
Section
35
34
34
35
35
31
33
16
35
20
39
39
39
39
36
36
36
36
38
38
36
16
39
40
16
15-18
33
138 11
123
182 49
151 1
152 2-3
152 4
152 5
152 6
89 20
294
INDEX TO ORDINANCES.
STANDING 'PLACES for licensed vehicles
STAGNANT WATER —(See Filling and Raising of Lots)
STRAW AND HAY —Stacking of within one hundred
feet of building prohibited —Penalty
STAND PIPES AND FIRE ESCAPES —Required —
Penalty for neglect
STOVEPIPES Use of regulated —To prevent fires
STAR ELECTRIC CO. —Franchise extended.....,-
STANDARD TELEPHONE CO. —Franchise granted to
STREET RAILWAYS —Rights of way granted to Du-
buque Street Railway Company •
D. St. R'y Co. —Additional rights
D. St. R'y Co. —Additional rights
D. St. R'y Co. —Additional rights
D. St. R'y Co. Additional rights
D. St. R'y Co. Additional rights
D. St. R'y Co. —Additional rights
To David H. Ogden (Hill street and West Dubuque) 267
To Allen & Swiney (Dubuque Electric Railway, Light
and Power Company) 273-281
Eleventh Street Elevator Company 304-342
STREET RAILWAY CROSSINGS —Cars approaching
the tracks of other street railways to be slacked
up to two miles an hour
The slowing up to be not less than fifteen nor more
than 100 feet from tracks to be crossed
Before starting to cross, gong or bell to be rung
Cars moving in easterly or westerly directions to
have precedence of those running northerly or
XXXIII
Page Section
153 1-4
81
81
81
282-334
306-312
196
198
202
208
210
211
212-213-215-219-221
southerly
No person in charge of ear to obstruct or hinder any
other car
Penalty for non -observance of regulations
STREET ROLLER ENGINEER —Compensation of
Assistant —Compensation of
STOCK, LIVE —Restrained from running at large
STREET COMMISSIONER —Appointment of; term of.
office
Duties of
Has control of streets and alleys
Highways; superintend all contracts or other work
thereon, shall report to Council condition thereof
Report plans and estimates of improvements
Enforce ordinance in relation to streets
Shall have authority to institute prosecutions for ob-
structions of streets an alleys
Salary of
159
160
160
160
160
160
59
59
155
48
48- 49
48
48
48
48
29
31
22
1
3
4
9-10-11
1
1
1
2
3
4
123 34
59 1
XXXIV
INDEX TO ORDINANCES.
STREETS —Opening and altering of —When deemed ad-
visable by the Council
Shan order Engineer to make survey and plat show-
ing proposed improvement, etc
Plat to be filed in Engineer's office
Engineer to notify owners in writing, and file evi-
dence of service in office of Recorder
Council may order Recorder to issue venire for jury
to appraise damages
Marshal shall give notice of time when
assemble —Qualifications of jurors
Assembling and empanneling of jury
Proceedings of jury and return of assessment
Interested party to deposit money to defray costs
Proceedings of Council on award of jury
jury
will
Procurement of deeds of relinquishment of right of
way
Setting aside of amount of damages awarded
Proposed street declared public highway
Plat placed on record
Marshal shall open street
Council may annul any street or alley by similar pro-
ceedings..,....
Land owner or city may have appeal to District
Court
Appeal shall not delay opening
Appeal estopped by acceptance of damages by owner
Trial of appeal...
If damages, on appeal, are increased, City shall set
aside additional sum
If decreased on appeal only the amount awarded set
aside
STREETS, ALLEYS —Improvement of
Appeals, When and how taken
Term streets —What it includes
Assessments for —How made
Bonds issued therefor —How
Bonds —How sold
fonds to be delivered to and registered by Recorder
Bonds —Form of
Bonds to be furnished by contractor
Certificates for improvement —How issued
Council to order improvement, how and when
Contracts and bids for —How made
Council may reject bids
Examination of work of contractor
Page Section
97 1
97 1
97 '1
97 2
98
98
98
98
98
99
99
99
99
99
99
99
100
100
100
100
100
100
103
107
108
106
L11
113
113
111-112
104
114
103-104
104
104
106
3
4
4
5
6
6
6
6
6
7
9
10
11
12
13
14
1
13
14
7
25
24
23
3
27
1-2
3
3
6
ik
INDEX TO ORDINANCES.
Errors waived
Funds received therefor —How kept and disposed of..
Grades therefor to be furnished by the City Engineer
Installments —How created and payment of
Levy for —How made
Lien on property
Limitation of action questioning legality
ceedings
Notice for improvement —How given
Notice of levy
Obstructions in —(See Obstructions.)
Petition for improvement referred to City Engineer
Plats and Plans showing estimate of costs furn-
ished by City Engineer
Plats and Plans showing costs of improvements
after made
Resolution of City Council ordering improvement,
what •to contain
Resolution to be served on railway company
Railway, street railway .to pay expense of paving
between tracks
Notice to be given to
On failure to construct assessment to be made against
Taxes and assessments, when payable
Sales therefor..
City may purchase at
Waiver of objections to assessment and levy filed
in writing entitles the payment of taxes in in-
stallments
STREETS, . EXCAVATION OF —Prohibited in unpaved
streets, except permit therefor shall be obtained
from City Engjneer
Refilling and replacing of pavements to be done
under supervision of and to the satisfaction of
Page
107
114
105
109
106-7-9-10
110
of pro -
115
104
110
103
xxxv
Section
12
26-29
4
18
8-9-17-20
19
103
109
104
105
108
108
108
111
107-111
111
Street Commissioner
All gas, water, steam heating, and cther connections
to be made before paving of streets
All persons and companies required to take notice
of order of Council
Application for permit to be in paved streets in writ-
ing to the Recorder
What application shall state
Recorder to grant permit on deposit of indemnity,
to be countersigned by the 1Vlayor
Recorder to keep record of permits, also blanks for
application and permits
30
2
21
1
2
16
15
15
15
22
10-11-22
22
109 18
117 1
117 1
117 4
117 4
118 5
118 6
118 6
116 9
175
175
175
176
176
176
176
176
176
176
177
xxxvi
•
INDEX TO ORDINANCES.
Marshal, Street Commissioner, Sewer Inspector and
all police officers to take notice of any excavations
and arrest persons making same unless permit
shall be exhibited
Contractors for sewers exempted from money deposit,
but money due on contract shall be retained
until production of certificate from Sewer In-
spector that street has been restored to proper
condition
Street Commissioner to have excavations refilled and
pavements replaced without delay
STREETS, SPRINKLING OF —Regulated.
ling of streets.)
STROBEL, J. H.—Grant to
SUB -DIVISIONS AND ADDITIONS to City must be
approved by the Council
SUMMONING OF JURORS. —(See Jurors.)
SURETIES —(See Official Bonds.)
SVENSON & OTT —Vacation of streets and alleys to
SURFACE AND STAGNANT WATER
SURFACE DRAIN
(See sprink-
TABLE FOR CONSTRUCTION OF WALLS
TAXES AND ASSESSMENTS
Assessor —Term of, when to commence
Assessor may appoint assistant
Assessment for taxes— Manner of
Assessor when to commence assessment
Assessment when to be completed
Assessment to be returned to City Council
Assessor to transcribe tax list
Assessment to be made by treasurer, when
Assessor to return tax list to Auditor
Assessor to administer oath to tax payers
Auditor to correct errors in list
Auditor to charge list to Treasurer
Auditor to keep account with Treasurer
Auditor to mark on list real estate sold
Auditor to be clerk of Board of Equalization
Auditor to enter warrant on tax book
Warrant —How signed
Board of Equalization, appointment of
Board —How to proceed
Board to make list of property raised
Board to cause notice of to be given
Notice to be given of meeting, the Board to consider
objections to raising
Page
119
119
119
229
162
314
135
136
Section
10
10
12
86- 87 9
171
171 1
172 1
172 1
172 1
172 1
172 2
173 6
174 11-17
173 7
172 1
173 7
173 7
176 23
173 8
172 3
173 8
173 8
172 3
172 3
172 3
173 3
173
3
INDEX TO ORDINANCES.
Page Section
,..,,,,,, 173
Board to hear objections ...................... • 173
Board to report to City .Council..............'........
Action of to be approved by City Council.......,.... 173
174
TAXES, COLLECTION OF —How made ..................
Treasurer to give notice of receiving tax list... ..... 174
Treasurer to notify tax payer of property previously
sold......................
Cancellation of tax by Council, Recorder to notify
Treasurer ..............
Treasurer when requested to state taxes
tdue.........
........
Treasurer to receive city
Teasurer to receive taxes after delinquent...........
Penalty when delinquent................................
Delinquent, when taxes become. ......................
Treasurer to deliver receipt for taxes .................
Receipt, what to state ..................................
aid.............•
Treasurer to make entries of taxes p
Treasurer to refund tax, when. • ..• . when and how
Treasurer to sell personal property,
Treasurer to enter delinquent personal tax in sep-
arate book .................... 174174
Treasurer resisted in collecting —fine for....... • • • • .. 176
Taxes on real estate when a lien ............. • • . • • • • . • . Taxes on personal property lien on real estate .......
6
177-117
Sales for taxes, when to be made• • • • • • • • • • ...• . • • . 180
Notice to be given and what to state ................. 178
How to be published... • • • • • • • • • • • ........... 178
Treasurer to offer, when and how .............. 178
Bids for —How made .....•••••••••••"• ................
Treasurer before sale to receive taxes if offered....17
9
Sale to b • continued from day to day..............:::79
Adjournment when may 1179
80
be ................... 180
Figures may be used when .................... • •
Treasurer to file copies, notice and affidavit of pub-
lication 179
............
.......... 179
.......... • •
F Records
of of sale t • b • e • Auditor and Treasurer
180
Records sale to be kept by 180
Treasurer or Auditor not to be interested in purchase .. .. 180
1
Treasurer shall make certificate to p 181
What to contain.........
........ ......... .., lsl
Certificates may tie asstgred.............. .........
Treasurer to make duplicate receipts for subsequent 181
.......,....
taxes paid by purchaser.........,.
181
Receipts to be presented to Auditor ............. • .... 181
TAX SALES, REDEMPTION ON • • • • • • .. ".. • ....... 181
..............
Whenand how made ...............
174
5
5
5
11
13
14
15
18
21
21
20
22
22
22
24
25-26
10
27
20
28
29-43
30
31
33
34
37
35
41
38
39
39
40
42
44
44
45
46
46
47
x XXVIII
INDEX TO ORDINANCES.
Redemption by minor or lunatic when can be made Page 184 Section
Wrongful sale —City to refund 55
Sales not invalidated on account of irregularity 184 57
184 57
Sales, assessments and redemptions not
by ordinance to be provided for
governed by state statute 184
Deed —When and how issued
Special taxes, what are
When special assessments commence to be a lien
Priority of lien
Recorder to make list of delivery to Auditor
Warrant for, how to be signed
Sales for not to be made when
law or ordinance
Demand for when and `low made
When sales for can be made
Sales for, how made
City may purchase on sales when
When city purchases certificate to
Recorder
Suit may be brought by city for special taxes
TAX ON DOGS —(See Dogs.)
TEAMS —Must be fastened
TELEPHONE EXCHANGES —Western Telephone Co..
Standard Telephone Company
TELEGRAPH POLES —(See City Electrician.)
TERMS OF OFFICE —Of appointive officers
THEATERS —License of
Doors to open outward
Fireproof drop curtain
Doors dividing stage from dressing rooms to be
fireproof
TEN PIN ALLEYS —License of
TIRES —Of wagons, trucks, etc., width of —(See wagon
tires.)
TRANSIENT MERCHANTS —Required to procure li-
cense
License refunded if party continues in business..,
TRAVELING PHYSICIANS -Must procure license
TREASURER, CITY —Execute receipts to Marshal for
money
Collect and keep money
Execute duplicate receipts
File monthly statements with Auditor
Keep account of receipts and disbursements
Submit accounts to Finance Committee
Pay out money only on order of Recorder
time extended
be
filed with
181-182
182
110
110
182
183
183
183
183
183
183
184
184
138
299
306
27
69
84
84
84
68
72
72
69
38
38
38
38,
38
38
38
i
i
56
47-48
49
19
19
50
50
50
51
52
52
52-53
53
54
11
11
15
1
3
3
12
19
19
13
6
1
1
1
1
INDEX TO ORDINANCES.
If no money in treasury, what
Is collector
Turn over to successor books, etc
Make final report to Council
Receive money from weigher
Give notice of special assessment. (See Taxes.)
Salary of
TOLLS, HIGH BRIDGE —(See Dubuque Pontoon Bridge
Company.)
TREES, SHADE —Destroying or injuring, penalty for
Placing of on streets, regulated —trimming of
UNDERTAKERS —Must obtain burial permit before
burial
UNITED STATES ELECTRIC LIGHT AND POWER
COMPANY —Granted authority to erect poles and
wires in streets
UNION ELECTRIC COMPANY —Franchises to
UNION SLAUGHTER HOUSE —(See Dubuque Butchers'
Association.)
Page Section
39 2
VACATION OF STREETS AND ALLEYS —(See Streets,
'opening of)
VACANCY —In Judges and Clerks of Election filled......
VACATION OF CANAL STREET —From Iowa to War-
ren Street
Of sidewalk on east side of White street from Fourth
to Sixth Street, adjacent to freight depot of
C., M. & St. P. Ry
Of Commercial Street
Of alley in Block 20, Dubuque Harbor Imp. Co.'s Add
Of Camp Street—S. D. Ryan allowed to occupy
Of Tower Street
Of Eagle Point Road from Orange to Jackson Street
Of Bell Street between Block 8 and Block 9, in Du-
buque Harbor Improvement Co.'s Add
Of alley in Block 8, Dubuque Harbor Co.'s Addition
from Jones to Dodge Street. (See Hodge, O. F.)
VAULT CLEANERS —License of, regulated
VAULT, PRIVY —Not less than twelve feet deep
Health Officer or Marshal may order contents re-
moved
VAULTS UNDER STREETS and sidewalks prohibited
unless permit is obtained
39 3
39
39
57
58
138
121
157
222
281
97
27
165
237
166
297
227
165
165
165
72
144
73
4
4
18
8
24
4
4
8
1
3
5
4
21
39
26
122 25
XL
INDEX TO ORDINANCES.
Page Section
VEHICLES —Meeting, shall turn to the right in passing 139 12
153 1-4
VEHICLE —Standing places
VENDERS —In streets. —(See License)
VIADUCTS —Under or over railway tracks, Council
may order
VIOLATION OF ORDINANCES —Prosecutions for
Street Commissioner to prosecute for obstruction of
street
Marshal shall report to Mayor, City Attorney, or
Justice of the Peace
VOUCHERS —Auditor shall keep and preserve
WAGON BRIDGE —(See Dubuque Pontoon Bridge Co.)
WAGONS —Not allowed to remain on streets
WAGON TIRES —Width of regulated
WAGONS, DRAYS, ETC. —License of
WALLS OF BUILDINGS —Construction of
WALLS, DANGEROUS —(See dangerous walls.)
WARDS, BOUNDARIES OF —First Ward
Second • Ward
Third Ward
Fourth Ward
Fifth Ward
Division of, into election precincts
WATER —From buildings, how conducted
WATER STAGNANT —How Disposed of
WATER WORKS —Purchase and mair.,tenance by the
161 1
148 1
.48 4
42 1
36 1
122 29
137 ].
68 9
86-87-88 9 to 17
24 1
24 2
24 .3
25 4
25 5
25 1 to 5
117 40
135
City
Agreement to purchase
Election for purchase of
Issue of bonds to pay for same
Mortgage to secure bonds
WEEDS CUT
WEIGHER, PUBLIC —(See Public Weigher and Markets)
WEIGHERS —Compensation of
No persons to receive fees except Weighers
WESTERN TELEPHONE CO. —Granted right of way
WHARFAGE —(See Public Landing.)
WIDTH OF TIRES of wagons, trucks, etc., regulated
WINDOWS —Not to extend over sidewalk
WOODEN BUILDINGS —(See Fire District.)
315.
316
317
318-322
322-332
146
54
58
57
299
137
119
25
20
1
14
INDEX TO ORDINANCES.
XLI
Page Section
56 9
WOOD MARKET —Establishment of 9
WOOD INSPECTOR —Appointment of 556 24 1
-8
Inspect Wood 52
Oversee piling, etc Give certificate of measurement 52 5
6
Shall not deal in wood 53 7-1
1
Fees of To be present at market 539
53 1
Not to be resisted 11
0
51 to
To keep account of all wood inspected 53
WOOD —Sale and measurement of, regulated 5541 6
Wood, landing of, regulated
INDEX TO CHARTER AND LAWS.
ABANDONMENT of Special Charters Pa Section
97
ABATEMENT --Of Nuisances 7 631-637
Board of Health may order 6-7
Expense of, a lien on 90 1032
property 90 1033
ABUTTING AND ADJACENT PROPERTY —What is 50 968
ACTION —For violation of ordinances
To recover fines 12 24
How brought 19 693
To enforce special assessments 56 984
To enforce road tax 56 985-986
To redeem land sold for taxes 65 893
74
Limitation of, notice of unliquidated claim 95 1050
Limitation of, 100
questioning legality of bonds 81 1023
Limitation of, for personal injury
95 1051
Notice to persons liable 96 1053
ADDITIONS —How made
To be recorded 11 23
11 23
Streets, width of, and alleys, to be regulated by
the Council
Public squares
Plat to be made
To be recorded and acknowledged
Plat to be approved by the Council
Dedication to public
Vacation by proprietor
Additional Powers, in water works
AGRICULTURAL PROPERTY —City
sidewalks in front of
Road taxes on
ALDERMEN —One from
Term of
Qualifications of
Qualifications
ward
Vacancies filled by Council
Council to judge of election of
Compensation of and no change during term
Not to be interested in contracts
ALLEYS —City may open, alter, abolish, etc
Power of city as to, and improvement of
may
provide
for
each ward, and two at large..
and office vacated by removal from
16
5-5 and 16
7
34
11
81
82
83
83
83
34
40
64
15
15
15
23
914
915
916
917
918
750
778
891
937
937
937
5 5
5 7
5 6
943
943
7
752-753
INDEX TO CHARTER AND LAWS. XLIII
Grading of
Uniformity of grade
AMENDMENT OF CHARTER —How made and question
submitted to voters
AMUSEMENTS —Council 'may license, etc
ANIMALS AT LARGE —City may restrain and regu-
late sale of
Page Section
41 782
41 783
94 1047-1049
7 7.
22 706
ANNEXING Contiguous territory 15 935
APPEAL —From change of grade 43 790
APPRAISERS —Haw selected 42 786
Oath.... 42 787
Duties of 42 788
42 788
Confirmation of appraisement and payment 42 789
APPROPRIATIONS of land for jails, etc 11 22
Of private property to public use
11 22
Council shall make 16 942
For annual expenditures 16 942
Expenditures confined to .. 16 942
For public library 25 727
For infirmary —natatorium 29 957
For construction of bridges 35 758-759
ASHES —To prevent dADosit of in unsafe places 23 712
ASSESSMENT —Council to provide for and how made69 1011
To equalize 70 1011
Erroneous may be corrected 55 980-981
For sidewalks 40 779
For cost of improvements 44 792
For new channel for water course 46 963
Objections to, when to be made 49 824
Notice and levy of special 50 971
May be re -levied when 55 980
Payment in installments 52 827-828
Collection 51 973
Special, declared a lien 56 982
Sale for
56-983 and 52 976
Correction of 55 981
Action to enforce when delinquent 51 975
Further provision as to special 56 982
Special assessment constitutes a personal debt55 840-984
Diversion of fund prohibited 53 833
Of sewer tax 52 978
On railways 54 834
ASSESSOR —To be elected, etc 16, 939
Duties of 16 939
Term of office 16 940
Assessment
XLIV INDEX TO CHARTER AND LAWS.
Page Section
City Council may provide for election of 16 939
Owners of property to assist 69 1011
ATTORNEY, CITY —Duties •of 10 16
AUCTIONEERS —Council may license, tax and regulate 7 7
City has power to tax and regulate .sales of 21 700
AUCTIONS —City has power to regulate, license or
prhoibit in streets 22 708
AUDITOR —Duties of 9 13
BARBED WIRE —Use of may be prohibited 31 741
BAWDY HOUSES —May be suppressed 7 7
Keepers and inmates fined 22 704
BENEFITS —Assessments in proportion to 44 1
BEQUEST —City may take by 31 740
BIDS —Contract let to lowest bidder, notice published
and must be accompanied by certified check, 48 813
BILLIARD TABLES —Power to tax 7 7
City has power to tax, regulate, license or prohibit 21 702
BILL POSTERS —City may license 21 700
BOARD OF HEALTH --Appointment of 88 1025
Majority shall be members of City Council 88 1025
Mayor ex-officio Chairman 88 1025
City Clerk shall be Clerk of 88 1026
To appoint officers and agents 88 1026
Quorum 88 1026
Physician to 89 1027
To report to State Board 89 1027
General powers of Board 89 1028
To provide for inspection of milk, provisions and
all food products and make rules and regulations 89 1028
Violation of regulations 89 1029
Power of Board as to sewer connections 90 1030
To supervise plumbing and drainage 90 1031
To appoint Plumbing Inspector and define his duties 90 1031
Nuisances, abatement of 90 1032-1033
Enjoining .. 91 1034
Health regulations, how adopted 91 1035
Notices, by whom served 91 1036
Premises unfit for habitation 91 1037
Contagious diseases 92 1038
Right to enter houses 92 1039
Warrant issued when necessary 92 1039
May compel vaccination and may prevent admission
of persons not vaccinated into churches, theaters,
etc 92 1038
Removal •of diseased person 93 1040
INDEX. TO CHARTER AND LAWS. xLv
Care of such person
Warrant to enforce ordinance
Meeting, reports, etc
Powers of Council
Assessment of expenses
Proceedings reported to Council
Page Section
93 1041
93 1042
93 1043
93• 1044
93 1044 ,
94 1045
BOARD OF PUBLIC WORKS —How established 62 998
Members of 62 998
City Engineer and Street Commissioner associate
members 62 998
BONDS —Officers may be required to give 4 3
For water or gas works or electric plants 25 726
Interest on. 25 726
Of water works trustees 32 747
For improvements, by contractor 48 815
Mayor to execute bonds for street improvements.... 57 .987
Signed by Mayor and Clerk 57 987
Interest, payable 57 987
Bond payable out of special tax 57 987
Duty of city, its council and officers.. 57 987
Form of bond, etc 58 987
Appropriation of proceeds 59 988
Limitation of action questioning ' 59-988-81 1023
Certificates, how issued 59 841
Bonds, how issued 60 844
Treasurer to report number of bonds delivered 60 844
How payable 60 847
Refunding bonds 61 848
How paid 61 849
Bond fund, tax for 67 1005
Bonds— How sold 60 845
Bonds and Certificates issue, anticipating special
assessments 80 1022
Water and gas or electric light: and power bonds.... 67 1005
Excess of judgment 68 1006
For city indebtedness; may refund 78 905
Form of 78 906
Numbered and signed by Mayor and Clerk 79 907
What to state 79 908
Registered by Treasurer 79 909
May be sold 80 910
Taxes to pay 80 911
BONE FACTORIES —Regulation of 19 696
BONFIRES —City has power to regulate or prohibit23 712
BORROWING MONEY —City may 10 17
Question to be submitted to voters, restriction as to,
and general power as to 10 17
XLCI INDEX TO CHARTER AND LAWS.
Loans may be negotiated in anticipation of revenue
BOUNDARY OF CITY as fixed by charter
Extension of
BOWLING ALLEYS —City has power to regulate, tax
or prohibit 21
BRIDGES —Power of city to erect and repair 35
Fund 35
Aiding county bridges 35
Question submitted 36
Notice of election 36
Certificate to issue 36
Tax levied and collected 36
Forfeiture of tax 37
Contract for use of 37
Tax for Bridge fund, may levy 64-888-67
BROKERS —Power to license, tax, etc 21
BUILDINGS —For use of city, may be provided 7
May prohibit erection of wooden, etc 7-7 and 22 710
Plans and specifications to be approved by Board of
Public Works, and for plumbing to be inspected 95 1052
Dangerous —Municipal control over 22 710
City may require the construction of fire escapes22 711
Buildings, numbering of 22 709
BURIAL OF THE DEAD —City may regulate, may pro-
vide places for interment and may authorize estab-
lishment of crematories
Page
68
3
15
Section
1007
1
935
702
757
758
759
760-764
761
762
763
765
766
1005
701
7
20 697
CERTIFICATE —Council may provide for issuance of
transfer to bearer, interest on, how payable, and
of purchase issued, and of redemption, when
and how made 73 1017
CHARTER —A Public act 13 31
Amendment of, how made 94 1047-1049
Abandonment of 97 631-637
CHIMNEYS —Power of city as to 23 712
CIRCUSES —City may regulate, license or prohibit 21 703
CITY COUNCIL —To judge of qualification of members5 6
Power to expel 12 27
Must keep journal, and meetings of 4 3
Powers of 5 7
CITY LIMITS —As fixed by charter 3 1
COLLECTION OF ASSESSMENTS 51 973
COMBUSTIBLES —Storage of, may be regulated, deposit
of in unsafe places prevented 23 714
COMPENSATION —Of Aldermen 16 943
No change of 17 944
INDEX TO . CHARTER AND LAWS.
XLVII
Page Section
Of officers in criminal cases 17 946
Of Mayor 17 945
Fees to be paid into treasury
Of water works trustees
CONDEMNATION OF LAND —(See Land.)
CONNECTIONS —Gas and water, when to be made and
city may regulate price for making
CONTAGIOUS DISEASES -(See Board of Health.)
CONTRACTS —City has power to make for public im-
provement
CORPORATE BODIES —Powers granted
Cities and towns are, their name and style, authori-
ty, how vested and general powers
CONVEYANCES —(See Vehicles.)
CONTRACTS —For street and sewer improvements, how
made
COSTS —May imprison for
COSTS OF OPENING AND GRADING Streets, etc, how
paid when not ordered from improvement fund
COSTS —Of repairing streets and sewers
COUNCIL —How constituted in cities having a popula-
tion of twenty thousand or more
COUNTY BRIDGES —City may aid
COURTS IN CITIES —(See Police Court, Police Magis-
trate.)
CREMATORIES —City may authorize establishment of.
CROSS SEWERS —Improvement of
CULVERTS AND DRAINS —Power of city as to, and
railways ,to construct and maintain
DEEDS —Of property sold for taxes
DISORDERLY ASSEMBLIES —Council has power to
prevent and suppress
DISORDERLY HOUSES —Power to suppress, etc., and
City may restrain and punish keeping of
DISTURBANCES —City has power to prevent and sup-
press
DOCKS AND WHARVES —Power of city as to, and
regulation of
DOGS —At large, power of city as to
Power under charter
May tax on
DRAINING OR FILLING —Power of city so to
DRAINS AND CULVERTS —Power of city as to, and
railways to construct and maintain
DRAINAGE —To be preserved, how
16 943
32 747
46 809
30 736
3 2
19 695
47 812
17 949
50 969
53 832
15 937
35 '759
20 697
46 796
46 964
76 1019
22 705
22 704
22 705
24 718
22 707
7 7
64 889
20 698
46 964
20 699
r
XLVIII INDEX TO CHARTER AND LAWS.
DRIVING OR RIDING —Regulation of, and fast or'im-
moderate punished
ELECTION —When held under charter
When held under statute
Of Mayor, Aldermen and Officers
Who may vote. at
How governed
Special elections to aid in construction of county
bridges
ELECTRIC APPARATUS —City may provide against
damage by
ELECTRIC WIRES —Regulation of and power of city as
to
ELECTRIC LIGHT AND POWER PLANTS —Tax for,
owned and operated by city 28 67 1005
955
Power of city as to S8 955
Granting of franchise
EMBEZZLEMENT —Diversion of funds, constitutes69 904
24- 69 722 904
EMINENT DOMAIN —Power and exercise of 16 940
ENGINEER, CITY —Election, term, etc
To prepare plat before improvements are ordered and 47 969
make plat and estimate to be filed with clerk.
To make estimates for street improvements and to 49 822
furnish grades
ESTABLISHMENT AND IMPROVEMENT of streets,
avenues, public grounds, wharves, landings and mar-
ket places, authorized 16 941
ESTIMATES —BY whom and when filed
City Engineer to make estimates for street im-
provements and sewers 28954
EVIDENCE —Of ordinances 8 54
Charter, a public act 13 1031
EXECUTION —Purchase of land under 6949
00
Issued on judgment for violation of ordinance 178 949
Excess of judgment or bond tax 6006
18 935
EXTENSION —Of boundary
Page Section
35 755
4 -4
15 937
15 937
15 936
15 936
36 760
FAST DRIVING —Prohibition of
FEES —To be reported monthly
FERRIES —City may license, etc
Regulation of and fees and charges
FERTILIZERS AND CHEMICALS —Manufactories of,
regulated
FILLING OR DRAINING —Power of city as to and
notice to be served on owners of lots
23 711
43 959
35 755
17 946
8 7
24 719
19 696
20 698
INDEX TO CHARTER AND LAWS.
XLIX
Page Section
9 10
FINES —To be paid to Treasurer 19 947
May be imposed 17 947
Power to imprison, if not paid 17 947
To enforce obedience to ordinances
May be collected by issuance of execution on judg- 18 949
ment
If not paid the person convicted may be committed at hard labor 17 949
19 693
Action to be brought to recover 7
FIRES —Prevention of 26 7113
City may provide against danger by 23 712
FIREARMS —Discharge of may be prohibited
FIRE DEPARTMENT -Power to organize, etc 23
6 7167
How organized 66 . 1005
Fire fund, tax for
3 712
FIRE ESCAPES —May require the construction of 2
FIRE LIMITS —Council may prescribe 6 2
23 7 7
Wooden buildings in, may be prohibited 23 711
Power of city as to
FIRE PLACES —City has power to regulate erection of 23 712
FIREWORKS —City may regulate or prohibit 23 71283 1712
FOOD —To provide for inspection of FRANCHISES —Granting of 28 025
28 9565
Notice of application published 28 956
Question submitted to vote 6
FUNDS —Diversion of 31 35-758-31 9574883
Bridge fund 54 97.8
Street improvement fund ` 52-978-66 1005
Sewer fund 62 994
Park. fund 661005
Improvement fund 66 1005
Fire fund 66 1005
Road district fund • .
Diversion of by officers constitutes embezzlement.. 69 904
GAMING AND GAMBLING —City may control or sup- 7 6-22 704
press gaming houses
May authorize destruction of devices used and may
punish 21 46 702802
GAS —Connections for
Council may cause same to be made by owners of 46 809
property and charges for 67 1005
Tax for gas works operated by city 28 955
Gas works, power to establish, etc 28 955
GATE —At railway crossings
L INDEX TO CHARTER AND LAWS.
GENERAL PROVISIONS —Applicable only to cities
under special charter
Gift -city may take by
GRADES —Establishment of
Change of
Uniformity of
City Engineer to furnish
GRADING —Special tax may be levied for
Power of city as to and expense of, how paid
Embankments and fills
Damages to property holders and appraisement of..
Notice of
Assessment
Confirmation of and payment of damages
Appeal
Costs
GUARDIAN —May redeem property sold for taxes
GUNPOWDER —Power of city as to
HACKNEY CARRIAGES —Power to
charges
HAWKERS AND PEDDLERS —May
taxed
Page Section
15
31
41
42
41
48
65
41
41
42
42
42
42
43
43
75
23
933
740
782
785
783
822
1005
782
784
785-786
787
788
789
790
790
1441
714•
-
license and fix
7-7-34 754
be licensed and
HEALTH —(See Board of.)
HEALTH OF CITY —Power of Council
of expenses
and assessment
HEATING APPARATUS —City has power to
and control
HIGHWAYS —Power of city as to
Construction and repair of
Outside corporate limits
Question submitted to vote
Labor on
HOTELS —City has power to regulate, license
HOUSE OF REFUGE —May establish
HOUSES OF ILL FAME —Power to suppress
IMPRISONMENT —Power to imprison
IMPROVEMENTS —Assessing cost of
Assessment for to be in proportion to benefits
Deficiencies, how paid
What statutes govern
Saving Clause
How ordered and vote for
Street and sewer, how repaired
Contract for
regulate
and tax.. 21
29
7-7-22
5-
7-7-34 754
93 1044
23 712
34 751
68 999
68 899
68 899
64 891
700
734
704-
6 and 17 949
44 792
44
44
45
45 4
45 793
45 794
47 812
1
2
3
INDEX TO CHARTER AND LAWS. LT
Bids for and bids accompanied by a certified check
Bond to perform
Cost at street intersections
Improvement fund, tax for.
INFECTIOUS DISEASES —(See Board of Health.)
INFIRMARY —How established, regulation of and ap-
propriation for
INFLAMMABLE SUBSTANCES —(See Combustibles.)
INSPECTION —Milk, provisions and all food products..
INTEREST —On bonds of water or gas works, etc
On special assessments, rate of
When delinquent
On street improvement and sewer certificates
INTOXICATING LIQUORS —(See Liquors.)
ITINERANT PHYSICIANS AND SURGEONS —To
regulate, license and tax
Page Section
47 813
48 815
49 967
66 1005
29 . 957
89 1028
25 726
51- 974
51 975
59 841
21 700
JAIL —How established and maintained; Council to pro-
vide rules regulations, and the Marshal to have con-
trol 29 735
JUDGMENTS —Rendered for violation of ordinances17 948
Purchase of real estate on execution 63 1000
Excess of levy, for, how disposed of - 68 1006
JUNK DEALERS —To be licensed and regulated and not
to purchase from minors 21 701
LAND —Power to condemn 21 722
Purposes for which land can be condemned 63 7002
Conveyance of land, three -fourths vote of Council
required 63 1001
Proceedings for condemnation of land 63 1002
LAWS —Applicable to cities under special charter..15-933 and 96 1055-6
LEVY AND COLLECTION OF TAXES 69 1010
LEVY OF SPECIAL ASSESSMENTS i,6 971
LIBRARY —(See Public Library.)
Fund, Tax for - 66 1005
LICENSES —Power to license auctioneers, transient
merchants, retailers, grocers, taverns, ordinaries,
hawkers, peddlers, brokers, pawn -brokers, money-
changers, hackney carriages, wagons, carts,
drays, etc 7-7 and 34 754
Power of city as to 21 700
Bill posters, peddlers, junk dealers, scavengers,
itinerant doctors, surgeons, plumbers, pawn-
brokers and second-hand dealers, etc - 21 700
Billiard saloons and pool tables 21 702
LII INDEX TO CHARTER AND LAWS.
LIEN OF TAXES
LIGHTING —Power of city of streets
LIQUORS —Council may regulate manufacture and sale
of
Statement of consent of voters
Sufficiency of statement
Appeal
Limits of manufactories
Obligations enforced
Drinking and retailing at manufactories forbidden
Consent to manufacture only where selling is per-
mitted
LIMITATIONS —Of prosecution for violation of ordi-
nances
Page Section
72 1015
35 756
71
71
71
71
71
72
72
2450
2456
2458
2458
2457
2459
2460
72 2461
18
Special provisions not to limit general powers 94
Notice of unliquidated claim 95
Of action for personal injury 95
Of action questioning bonds 59-989 and 80
LOANS —May be negotiated by city in anticipation of
revenue
LUMBER YARDS —To regulate 23
950
1046
1050
1051
913
68 1007
715
MACADAMIZING —Power to order and levy tax for44 792
Railway companies to construct and repair 54 834
MANUFACTORIES —Power to regulate against danger
by fire 23
Of fertilizers and chemicals, regulation of 19
MARKETS —Council may establish, etc 7
Power of city as to and establishment and regula-
tion of 24
MARSHAL —Power of city as to appointment of 16
To have •control of jail 29
Duties of 9
Salary in lieu• of fees, and fees paid into Treasury.... 17
MAYOR —Mayor pro tem, when elected 9
General duties of 9
To sign ordinances, Charter 9-8, Statute 18
To sign bonds for city indebtedness 79
MILK —To provide for inspection of 89
MINORS AND LUNATICS —Pawn brokers and second
hand dealers prohibited from purchasing property
from minors 21 701
Redemption of property of, sold for taxes 74 1439
712
696
7
717
938
735
14
946
11
11
685
907
1028
NATATORIUM —How established; regulation of, and
appropriation for 19 957
INDEX TO CHARTER AND LAWS.
NOTICE —Of special assessment
Of claim
Of claim for personal injury
NUISANCES —Board of Health may abate and expense
of abatement be a lien on property
BoArd may enjoin
Council may declare what shall be
Power to prevent, abate, etc
Statute
LIII
Page Section
50 971
95 1050
95 1051
90 1033
91 1034
6 7
6 7
19 696
NUMBERING BUILDINGS —City may provide for.... 22 709
OBJECTIONS to special assessments, when waived....
OFFICERS —Charges against, how made
Election of
Compensation of, not changed during term
City may provide for election of
Terms of
Officers elected prior to taking effect of code
When term expires after first city election, after
Code takes effect
Mayor shall fill office by appointment until election 96 1056
OPIUM OR HOP JOINTS —Power to suppress, restrain
and prohibit
ORDERS FOR MONEY —How signed
ORDINANCES —General power to pass
To be signed by the Mayor and Clerk
Printed copy as evidence
Power of city as to
Violation of, punished
Prosecution for violation of
Defendant not entitled to trial by jury and change
of venue
Limitation of prosecution
Publication of
Mayor shall sign
Has power to veto
Council may pass over Mayor's veto
May become operative without Mayor's signature
To be recorded
Evidence of
Certified by Clerk or Recorder
Not inconsistent with code, continue in force
When to take effect, when published in book form
When to take effect under Charter
When to take effect under statute
49 824
12 36
4 3
17 944
16 940
16 940
96 1056
96 1056
22
9
17
18
8
17
17
17
704
9
947
685
8
947
947
948
17 948
18 950
18 951
18 685
18 685
18 685
18 685
18 686
28 954
28 954
96 1056
19 687
8
19 686
[ V
INDEX TO CHARTER AND LAWS.
PACKING HOUSES —Regulation of
PARADE -On streets, permit to be had from Mayor
PARKS -Commissioners, election of, terms, etc.... ,
Question of tax tobe voted on
Parks used for Library Building
Park fund
Protection of Parks
Park tax, authorized by vote of electors
Condemnation of land for
PARK COMMISSIONERS —Election of
Terms
Shall have exclusive control of city parks
Question of park tax to be voted on
Powers and duties of
May appoint one or more park policemen
Bond
Fund
PAVING —Powers of city as to, special tax, etc.......
Of railway tracks
Cost to be assessed on abutting property
Cost of paving already laid
PAWNBROKERS —City may license and reegulate
Power to prohibit purchasing from minors
May provide for examination of premises for stolen
property
PAYMENT —Of special assessment
Of sewer and street
Of Subsequent Taxes
PEDDLERS —May be licensed, taxed, etc
PENALTIES —To be recovered in name of city
May be recovered
PERSONAL PROPERTY —Sale of for taxes
Sale, how made
Resistance to, how punished
Bid and who purchaser
PHYSICIAN —To Board of Health, appointment
PIERS, WHARVES AND DOCKS —Power of cityf as to
PLATS —To be made of streets and other improvements
For sub -division or additions
Acknowledgment and recording
Approved by Council
Dedication •to public
Vacation of
Part of plat may be vacated
Vacation by lot owner, how
Notice, published
Page Section
19
22
61
61
62
62
62
62
63
61
61
61
61
62
62
62
67
44
54
44
'54
21
21
696
705
991
992
993
994
997
994
999
991
991
991
992
995
995
996
1005
792
834
792
835
701
701
21 701
51 972
53 828
f8 1434
21 700
13 24
19 693
76 1406
77 1407
77. 1408
77 1423
89 1027
24 718
49 821
81 1024-914
82 915
83. 916
83 917
83 918
84 919
84 920
84 920
INDEX TO CHARTER AND LAWS. LV
Re -platting
Plat by Auditor, when made and cost and expense
how paid
Platting for assessment and taxation
Insufficiency of description in deed
Re -survey of town plats, how made
Plat to be certified and filed
Contesting record of Surveyor
Plats legalized
Penalty for failure to record
PLUMBERS —City has power to reguiate, license and
tax
PLUMBING INSPECTOR —How appointed
Board of Health shall define duties and powers
POLICE —How appointed and removed
POLL TAX —(See Road Tax.)
POOL TABLES —City has power to regulate, license,
tax or prohibit
POWERS —Of city, additional
PROCEEDINGS —For condemnation of land
PROPERTY —City may own
Taking by gift or bequest
Condemning private property
Abutting and adjacent property defined
PROSECUTION —To be in name of State for use of City
Limitation of, for violation of ordinances
PROTECTION —Of Sub -contractors
Of works or plants
PROVISIONS —Special provisions not a limitation to
general powers
PUBLIC GROUNDS —Council may provide for use of...
PUBLIC LANDING —(See Landing.)
PUBLIC LIBRARY —Establishment and control of
Appropriation for
Trustee, how appointed
Powers of trustees
Fund
Report of • trustees
Tax for maintenance of
PUBLIC SQUARES —May be used for school purposes
Manner of transfer
Question submitted to voters
To be laid off in platted lands
PUBLICATION —Of ordinances
PUBLIC WORKS —Contracts for and protection of
Sub -contractors
Appointment of Board of
Page Section
84 921
85 922
85 923
85 924
86 925-6
87 927
87 928
87 929
87 93)
30 737
30 737
89 1031
16 938
21 702
15 934
63 999
12 25
31 740
63 999
50 968
12 24
18 950
30 736
25 723
94 1046
96 1054
25 727
28 953
26 728
26 725
27 730
27 731
27 732
87 931
88 932
88 932
18 951
30 736
62 998
LVI INDEX TO CHARTER AND LAWS.
QUALIFICATION -Council to determine
RAILROADS —Gates to be erected at crossings
Speed of trains
Viaducts, when required, and railroad company to
build....
38 770
RAILWAYS -Power of city as to 38 767
Street car vestibules 38 768
Penalty, for violation of 38 768
Crossings and speed of trains 38 769
To construct and maintain culverts and drains
across right of way
Assessments for construction andrepair of paving,
etc., between rails of their tracks 54 834
Costof paving already laid 54 835
Enforcing assessment against, how done 55 840
RATES —Regulation of. 25 725
For water, gas, light or power, regulation of 25 724
REAL ESTATE —(See Streets.) •
Power of city to acquire and hold 8
Purchase of, when 63
RECORDER —Duties of 9
REDEMPTION FROM TAX SALES —How and when
made
73 1018
Notice of expiration of right of 75 1441
REFUNDING BONDS 78 905
Numbered and signed, how 79 907
Limitation of action questioning the same 80 913
REGULATIONS —As to driving and riding 35 755
Power of city as to 21 700
RE -LEVY OF SPECIAL ASSESSMENT 53 980
REPEALING AND SAVING CLAUSE 96 1055-1056
REVENUE -(See Taxes.)
Anticipating 68 1007
RIDING OR DRIVING —Regulation of 55 755
RIOTS —City has power to prevent and suppress 22 705
ROAD —Tax 10 18
City to levy its own tax 10 18
ROAD DISTRICT —City constituted 10 18
Council shall divide city into 50 970
Cost of repairing paid from road fund 50 970
ROAD TAX 66 1005
Power of city as to 10 18
On agricultural land 64 890
Labor on highways 64 891
Enforcement of 65 • 892
Action for 65 893
Page Section
5 6
38 769
38 769
46 964
7
1000
12
INDEX TO CHARTER AND LAWS. LVII
SALARIES —Of Mayor
Of Aldermen
Of certain officers in lieu of fees
SALE —Of property for taxes
For special taxes
Power of city as to
Notice to be published
May be adjourned
SAVING AND REPEALING CLAUSE
SCAVENGERS —City has power to regulate, license
and tax
SCHOOLS —Public squares may be used for school pur
poses; manner of transfer and question submitte
to voters
SECOND-HAND DEALERS —Power to prohibit pur
chasing from minors and may provide for examin
ation of premises for stolen property
SEWERS —(See also Streets.)
In towns and smaller cities
May levy special tax therefor
Regulation as to construction and use
Power of city as to
Vote of three -fourths of Council members
State buildings, sewer connection
Cross sewers
Improvement of
Cost of, how paid
Method of assessment
Cost at street intersections
Whole cost may be levied at one time
Payment of
Repair of costs of, how paid
Assessments not to be diverted
Sewer fund, tax for
Tax for sewer fund
SHOWS —City has power to regulate, license or prohibi
May he licensed
SHOOTING GALLERIES —City has power to regulate,
license, tax or prohibit
SIDEWALKS —To provide for laying of temporary
Assessment of cost
In front of agricultural property
To provide for permanent
Repair of
Removal of snow and ice
Page
17
16
17
70
52
56
70
70
Section
945
943
945
1012
976
983
1012
1428
96 1055-1056
21 700
87 931
21 700
47 964
30 738
30 738
30 739
43 . 791
45 794
45 794
46 796
46 796
48 819
48 820
49 967
48 819
52 978
53 832
53 833
52 978
66 1005
21 703
7 7
21 702
40 777
40 777
40 778
40 779
41 780
41 781
LVIII INDEX TO CHARTER AND LAWS.
SINKING FUND FOR_ WATER WORKS
Diversion of
SLAUGHTER HOUSE —Regulation of
SNOW AND ICE —To be removed
SOAP FACTORIES —Regulation of.....
SPECIAL CHARTER —Laws made applicable to cities
under
SPECIAL TAXES —City may levy, when
Assessed for re -constructing street improvements
Payable in installments
Collection of
Interest on
When delinquent, lien
Sale for
Street improvement
For sewer
Further provisions as to special assessments
Special bridge tax
Levy and collection, power of Council as to
SPELJAL PROVISIONS —Not a limitation to general
powers
STATION HOUSE —How established and maintained
and Marshal in control
STEAM BOILERS AND MAGAZINES —Inspection of
To assess the costs of such proceedings
Power to regulate and control
STOLEN PROPERTY —City may provide for examina-
tion of premises of pawn brokers, junk and second-
hand dealers
STOVEPIPES —City has power to regulate and control..
STREETS —Power of City over
Establishment of
Improvement of
Width of fixed
Supervision and repair of
Repair and costs of
Assessment of cost of improvement of
Plat and schedule made and what to show 47 965
City engineer to make estimates 47 965
Payable in installments, when 53 827-828
Cost of improvement at intersection of streets 49 967
Opening and grading, costs of 50 969
Improvement fund
Improvement fund, when not ordered from, how paid
Notice to be published
Council can make changes
Page
31
31
19
41
16
15
11
51
51
51
51
51
52
52
52
56
67
52
Section
742
743
696
781
996
933
21
972
972
972
972
975
976
977
978
982
1005
978
94 1046
29
23
23
23
21
23
10
34
34
34
34
53
53
735
713
713
713
701
712
19
751
751
751
753
832
832
52 977
50 969
47 965
47 965
MIN Mow*
INDEX TO CHARTER AND LAWS.
Cost of repair of improvement
Assessments not to be diverted
STREET RAILWAY -Power to establish, etc
SUB -CONTRACTORS —Protection of
TANNERIES —Regulation of
TAXES —Power of Council to levy, by charter
Under statute
Taxes for special purposes, power to levy and
what for
For water, gas works and electric plants
Reduction of rates
For Public Library
Additional tax, sinking fund
Levy and extent of
Levy and collection of
Proceeds deposited
To aid county bridge
Tax levied, when.
Collection........
When payable to private corporation
Forfeiture
For sidewalks
Special assessments payable as ordinary taxes
Collection of
Wheri delinquent, lien
Sale for, adjourned when
Re -Levy, when made
Correction
Question of park tax to be voted on
Levy of tax by Council to defray expenses
City bridge fund
Dogs and 'other animals
On agricultural land
Road tax
For water and gas works and electric plants
Bridge tax, special
Power of Council as to levy and collection of
Sale for, may be adjourned
List of taxes levied by Council
Tax receipt
Certificate of purchase
Redemption from sales, how and when made
Redemption by action
Lien of
Notice of expiration of redemption
LIX
Page Section
53
53
28
30
19
12
69
832
833
955
736
696
28
1010
65 1005 •
25 724
25 725
25 727
31 742
63 1003
69 1010
31 742
35 758
36 763
37 764
37 764
37 765
40 777-780
51 972
51 973
51-975-72 1015
70 1012
70 1013
55 981
61 992
63 1003
64 888
64 889
64 890
64 890-892
67 1005
67 1005
69 1010
70- 1428
72 1014
73 1016
73 1017
73 1018
47 1440
72 1015
75 1441
LX INDEX TO CHARTER AND LAWS.
Subsequent payment of
Property of minors and lunatics, redemption of
Tax deeds, how and by whom issued and form of
TELEPHONE FRANCHISE
TENEMENT HOUSES—Conrtol of Board of Health over
TEMPORARY SIDEWALKS —(See Sidewalks) —To pro-
vide for laying of
TERMS —Of officers
Of Park Commissioners
THEATERS —City has power to regulate, license and
prohibit
THEATRICAL EXHIBITIONS —City
May regulate and prohibit
TRACKS —Railways to pave
TRANSIENT MERCHANTS —City may define by ordi-
nance and regulate, license and tax their sales
TREASURER —To execute tax deeds
Duties of
TRUSTEES —Library trustees, how appointed
Powers of.
Waterworks Trustees, how appointed
Compensation of and bonds filed with City Treasurer
Powers of
may license, etc..
To fix rates and make quarterly statements
VACCINATION —May be compelled by Board of Health
VEHICLES —Power of City as to and how regulated..
VETO —Mayor has power of
Passing ordinances over
Failure to pass ordinances over
VIADUCTS —When required, and railroad company to
build
Approved by Board of Railroad Commissioners....
Assessment of damages
Specifications, to be approved
Apportionment of cost and repairs
Refusal to comply
WAGONS —Power to license, etc., and fix charges
WAGON TIRES —Width of
WARDS —Council may divide city into, etc
WARRANTS —When issued
List of, furnished Council
To be voted on by the Council and limit of amount of
WATER CONNECTIONS —Regulation of
Page
78
74
76
28
89
40
16
61
21
7
21
54
21
76
10
26
26
32
32
33
33
92
34
18
18
18
38
39
39
39
39
40
34
34
5
69
69
69
46
Section
1434
1439
1019
955
1028
777
940
991
700
7
703
834-835
700
1019
15
728
729
747
747
748
749
1038
754
685
685
685
770
770
771
772
773
774
754
754
5
1009
901
1009
809
INDEX TO CHARTER AND LAWS.
WATER COURSES —City may widen, change etc
City may condemn property for
Assessing cost of new channel
WATER RATES —To be fixed by Board of Trustees
WATER TAX —Amount of
WATER WORKS —Power to purchase and establish
Condemning land for
Protection
Rates, taxes -
Reduction of rates and service
Bonds
Sinking fund
Diversion of fund
Purchase or erection
Question submitted
Trustees
Levy of tax
Powers of Trustees
Rates fixed by Trustees
Trustees to report
Powers, additional
WEEDS —City may provide for destruction of
WHARVES, DOCKS AND PIERS —Power of city as to
under charter
Regulating of
WIRES —(See Electric Wires)
WOOD AND LUMBER —City may regulate the piling of
WORK HOUSE —How established and maintained and
persons sentenced for violation or ordinance
32-746
r
and
Page
43
44
46
33
67
28
24
25
25
25
32
31
31
28
28
32
32
33
33
33
34
19
7
LXI
Section
960
961
963
749
1005
955
722
723
724
725
745
742
743
955
956
747
747
748
749
749
750
696
24 718
23 715
29 734