The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1861-04-13
COUNCIL PROCEEDINGS.


Lewis, Ham;ysr, Winchester, Williams and Rogers.
Minutes Of lasi meeting were approved
The Msyos then read his Inaugural Message. ccmme-
ucaing the condition Of city affairs and
SUGGESTIONS I, the Council for their adoption.
on molten OF Alderman Lewis, the Message Of the
xayor was ordered he Published in the city papers,
To the Common Council Of the City Of Counei
DGrsr1EnEx:-By III. voice OF the citizens Of this
civ EXPRESSED through the Bsilot-box. have AGAIN
ba called uyo 10 preside your deliberations,
as one Of the oers Of the city, TO that
the laws and ordinances are faithfully executed 1t is
also my aaty 10 lay before yoa from time 70 te ihe
financial condition the city, and to make such recon-
mendaiions for your considerations, as will, IN my
judgment advance the interests Of The city and promote
the prosperity OF It's citizens.
Al this time am unable report to the financial
condition OF the city, for two reasons FIRST IN con-
sequence of the late date Al which a esuer o. se %
real delinquent taxes was made by the Coun-
c The Marshal has been unable since the SALE to get
his books posted to make hnaI setienent-and
secondly: Ii has been dIse"Teed s!hce zee last meet
ing OF the Council that there is large discrepancy
in many cases the amount OF Warrants issued and
III the amount OF the snsas warrants cdaesaec In sew
era instances these discrepancies amount 10 seyeTai
hundred dollars and large Eaal0lity OF Inc tsth-
ccs the HarTaRt Cancelled is greater than the var
rGGt issued Whether this aiserepass asises irou,
mistake made by the Recorder in entering the amount
Of the Warrant when Cancelled, or whether forgery
By raising the Warrants has been perpetratea mas NOT
yet been dsceEtalncd.
csl condition the city respectfully make the ioi
l0Nl Z Recommendations -
to make settlement with the Marshal and Treasurer,
and make complete and detail report OF their proceed-
iag and the financial couditi0n OF the city, at tne
next meeting of the Common Council ....-.
Secondly: That the Committee On FINANCE, in con-
junction with Recorder, be required TO make a
thorough examination Of The accounts arians
issued thereon and Warrants paid into the TTea-
sury and Cancelled That they report the nuHoer ana
amount each allowance the name OF the person IN
} 10 Ia Ierpf q
warrant issued thereonthat they report the NUMBER
and amount of each Warrant cancelled in whose name
issued, and iii known by whom the same was paid INTO
the Treas urythat they report all the discrepancies
discovered either in amount number date or TO whom
issued, the record Of Warrants and the record of
Warrants Cancelled. Id. =, :
Thirdly: That an Ordinance be passed requiring the
Recorder after the issuance OF any Warrant or War
and before the delivery of the same to the persons
entitled thereto 10 furnish the Treasurer, Win VIII
ten certificate Of the number, GATE, aihnGh ana we
ram person III whose favor each Warrant Is Is
sued, which certificate shall be, before RECEIVING any
Warrant compare 1t with the SAID record and IN ease
he receives any Warrant for greater amount than the
amount SO certified and the Interest on the same that
he and his securities shall be liable to the city Tor the
/ amount Of the excess. 80
/ Notwithstanding there has been no settlement with
the Treasurer and Marshal Tor the past year, and not
withstanaing mistakes frauds have been committed,
enough known to warrant me IN saying that the ih
the city mot intending the Bonds lssued
to the COUNCIL Bluffs ana St Joseph Railroad Company
has been considerably reduced within the last year
The Common Council adopted an Ordinance which
was afterwards ratified by vote oil the voters OF lhe
city authorizing the Mayor 10 subscribe sow 70 c
CAPITAL stock Of Council BIus and St Joseph Kali
road Company and in pursuance Of the authority vested
in me by Ordinance maze the subscription IN
der the Ordnance auhJTiZng the subscription, City
Bonds were he issued 10 Il G Company payable
len years after date ami drawing ten per cent
interest payable annually IN payment for stock sub
scribed, the work progressed within the county
From the idayitot the Chiei Engineer OF the tonpa-
n.y. now on file the Recorders office, II appears that
the Company entitled to the sum OF SI,2uo, and
-
and certificates paid Stocks have been issued 10 the
city for the same amount.
The OrIirAacc referred TO- authorized The Common
Council levy special tax for the purpose Of paying
the the Bonds, and IN conformity thereto
Council levied tax of and half mills upon the
dollar. for thai purpose which will produce sufficient
pay the interest on all Bonds Issued, and leave
a balance several hundred dollars in the Treasury.
II quite probable that during the present year, the
Railroad Will completed, and all the Bonds will have
to be issued think that levy OF one and bali mills
upon the dollars valuation OF real and personal
property will he amply sufficient with the balance
new on hand) produce sufficient sum 10 pay all the
Interest which Will fall due prior to the first Of July,
1852
Sec a. Of the City Charter declares "The Council
have the control Of the Street Alleys and public ground
OF the city of Council Bluls.'
Sec. 10, of the Amended Charter declares, an ad-
diton to the powers now vested by law In the City
Council Of ad sad cHgne en sls9 havs pSWSs
pave, otherwise improve aud keep III repair, Streets
avenues, lanes and alleys
In the exercise Ut the above enumerated powers, and
for the purpose Of preventing the destruction Of several
streets i'll the city, by Ike washing and overfowng Of
dian Creek which runs into aud them the Conn
Council provided by ordinance for stratening said
creek from the '.hcad Of Green St to the Lake.. The
nearly completed cost of several thousand
dollars, when sudden stop was put to the improve
mcut, by the Issuance of writ of Injunction tho
instance of Sally Mcmahon. by E H. Sears, Judge OF
this Judicial District, enoinng the city against the
farther prosecution OF the work
An attempt was made by the City Solicitor. Joel
Tutic ESD at the last term of Court to have the
junction dissolved which, Notwithstanding was shown
biol
ed by construction Of the ditch. did exceed hun
bred dollars in value-hat the city, by suspension Of
the work. might be injured many thousand dollarsthst
the complainant had full and adequate remedy
for any damage she might sustainthat the city, in
making the improvement was exercising one OF the
powers delegated 10 by its Charter strange
the motion overruled.
do propose to the question Of the legality
the propriety of granting the injunction. call
in question the motives which influenced the judge in
granting II but will remark that wris of niunct ion,
which should be used only in extreme and where
there will be left to the party injured. adequate
remedy at law are becoming So common in this judicial
district that they might with much propriety be decar
ed common nuisance.
If the Common Council cannot exercise the powers
conferred upon it by the City Charter-If all improve
uluuts be stopped until judicial authority can
find time to examine into their meritsif single ind
yidudi can stop the Improvement of Streets for
years, the Charter which authorizes the city
these improvements, and 10 provide for the general
welfare the citizens the city, dead letter up
on the Statute Book, and might as well be repealed.
In view Of this state Of facts would respectfully
recommend that liberal appropriation be made for
the purpose Of defTaynE the expenses of taking the
junction Of Sally Mem ahon City of Council
Bluffs, to the Supreme Court for adjudication.
In my last communication to the Common Council,
recommended the appropriation of liberal sum- for the
purpose Of nproreinE the four leading thorough
fares leading into the business portion of the city,
to wit: The extension Of Broadway to the River op-
postte Omaha City-'he improvement Of the Street
leading in the direction OF Geuwood to the southern
boundary of the Ciy-the Improvement of the Street
leading III the direction Of Des Moincs City the
boundary Of the City. and the extension and i'm
povemenf Of Broadway 10 the Northern boundary of The
city in the direction Of Sioux CITY again call y,pr
attention to these four great and ask your
hands liberal appropriation for their improvement
The side walks IN many places are nearly worn out,
and should be repaired. would recommend that an
Ordinance be passed requiring the owners Of property
adjoining them, to keep them in repair
again cali your attention TO the necessity Of taking
some steps towards the organization Of Fire Depart
ment. l would recommend as a first step that an
oT4hai7e be passed requiring The owners OF buildings
10 furnish each tenement with good and substantial
leather fire Bucket and recurring them 10 keen said
bucket hang up in conspicuous place. that in time
Of hfe 1t may readily seen and easily obtained.
The Cty Charter authorizes the City hold and cou-
tTo real estate. either within without the city for
CITY Cemetery, and to provide for the burial Of the
would recommend that immediate stems be taten IN
procure suitable tract Of land for city Cemetery
he' estate Is very Low at this time and perhaps bet
never traaSplFe "
We have magnificent Public Square, and at tri-
Ming expense might be made the city,
pleasure
snail appropriation from the Treasury could not be
eEen1ei Ia better advantage than in procuring and
planting shade trees around and upon the Public sanarc
several cncTp-sng citizens OF the city, have at con-
siderable expense and abor procured aud planted shade
trees IN front OF their residences and places business
aud IN many instances these trees have been DESTROYED
by the depTestIons Of members of the brute creation
and in few instances by worse than brues human
form.
| would respectfully recommend the adoption OF ar
ordinance imposing heavy fine imprisonment unon
sny person who shall vIifnIiy destroy ujure auy
shade trees belonging 10 himself and prohibiting
horses and mules from running at large within the in
is Of the original survey Of the city.
have great to congratulate you, and through
You, both and constituents, OF the city upon
progress and improvement Of the city daring
the past year already notice large and permanent
buildings the OF erection IN every portion Of
the city. This early commence ment Of improvement
in city regard Ifas an evidence Of pros
peEity thrift On the part Of citizens, look