Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-04-20

MEETING OF THE BOARD OF Cry IMPROVE
MENTs.-At the regular meeting of the
Board yesterday, Mayor Hatch presiding,
the following business was transacted:
The following communication was received
from the City Solicitor:
Gentlemen: Your official communication,
under the date of llth inst, asking the writ
ten opinion of the City Solicitor, in regard
10 the formality and legality of the proceed.
iDgs heretofore taken to grade and pave
East Front-street, ffom the old to the new
corporation line, has been under considera.
ton, and beg leave to submit, as the result
of my opinion, the following suggestions
The proceedings taken to grade and pave
said street have been, in every material aud
substantial respect in accordance with the
laws and ordinances on the subject, and no
objections on the score of informality could
be made available by parties seeking to
throw responsibility on the city.
In reference to the legality of these pro-
ceedings, the ordinance provides for paving
and grading Front.street between certain
points therein designated, and in certain
manner, and provides for the assessment of
the costs thereof, accordingto the provisions
of the laws and ordinances.
The Council is undoubtedly authorized
to pass such ordinances and fto assess and
abutting on said street" and provide by a
special ordinance the mode in which the
same shall be assessed and determined.
1t is competent, in my judgment, for Coun-
Gil to provide by ordinance for grading and
paving any part of q street, OF the whole of
the same. If the ordinance for the improve
ment of part the assessment must, Of course,
be on lots abutting on such part; if of the
whole length of such street, then upon lots
abutting on the same.
A question arose and was decided in the
Supreme Court, in the case of Scoville US
City of Cleveland, Il @. S. Report, page 1872
which throws light on the point, whether an
assess ment upon lots, or part of street i'm
proved, was legal. 1t was contended that
the assessment should have been upon all
the land bounding ON the whole street,
whereas it was put only on those abuttng
| upon the part Of the street improved, and
"near thereto" The Court held that the
Council had power under the general word
"any street." to improve part of a strest,
and to contine the assessment to the lots
abutting on the part improved. "If" they
| continue, "part only can be lawfully i'm
proved if the whole is improved, the whole
| should be taxed.
The following resolution was presented by
Mr.. Horton, and adopted;
Resolved. That the Clerk prepare and
transmit to the City Council an ordinance to
| grade and pave with brick the sidewalks OF
the north side of Grandin-street, from Cen.
tIal-avenue to Plum.street.
The Clerk was directed to prepare and
transmit to Council an ordinance to repair
bowlder pavement on Hatter's alley, from
Plum to Elm. streets.
Also, an ordinance to pave the sidewalks
on Findlay- street, from Central-avenue Il
Elm. street.
1t was resolved that the Commissioner o
the Northern District be authorized to repai
the sewer at the Mohawk. bridge, at cos
not TO exceed 800.
All the bids that were advertised to b,
opened too day were ordered to be destroyed
on account of their informality in the bid
ding.
The following permits for building hav
been granted by the Board since their las
meeting:
To DR.. ]. P. Judkins, additional story OF
the south side of Sixth-street, betwe N Rae
and Elm-streets. Holbsinger q Woolley
contractors.
To Joseph Enger, three story brick house
en- the west side of Race, street. south o
Hamilton road. J. NJ. MenkhAus, contractor
To WOrking-men's Association, three
story brick building, on the east side o
Walnut-street between Thirteenth and AL
lisOn. David Fischer, contractor.
To S. q. Snodgrass, brick cottage, on Ii
north side of Dayton. street, between bay
miller and Freeman.
To Henry Eekhoif, tive story oriok builG
ing on the north side of LSnrel street, bl
tween John aud Gutter, sits