New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-12-04
FINANCE COMMITTEE,
Nar nrlenn.; Decan.,,ar lSso

our WHOM
was referred the petition Of Pierre Soule,
Esq, representing the suits of the heirs of
Llvaudais and Others VS.. the city of New
Orleans, having given the subject matter a
thorough investigation and after the mature
| consideration the Importance of the subject
requires, beg to report:
That the property in dispute fronts on
Dryades street 248 feet by depth and front
OF l20 feet on Melpomene street. That this
property was leased in the year 1s48 by the
| city to p. Irwin, Esq, for the term of eight
years, on the condition that he should erect
a market, and collect revenues therefrom
under certain conditions, among which was
the condition that the market should revert
TO the city at the termination OF the lease at
certain valuation. ALI of these terms were
complied with by Mr.. Irwin. The city was
notified when it entered into the contract
with MIR. Irwin that the title to the property
was not in the name Of the city but in the
heirs OF Livaudais and others, and the city
was warned against erecting and building
upon the property. The decision ofth Dis.
trict Court, affirmed by the Supreme Court,
gave the title of this property to the heirs
of Livaudais and Others as originally
claimed.
The heirs of Lavaudais and others, through
their attorney, came before the City Council
in the year 1857, claiming compensation
from the city for back rents and damages to
the amount of g., which claim the Coun-
Gil Ignored, and passed an ordinance order
ing the publication for the erection of
another market on Melpomene street,
between Dryades and Rampant streets,
with the view of abandoning the Dry
AIDES Market and the property in dis.
pute to the claimants under the judicial
decisions. The adjudication for building
another market was made at $57.000 but
the ordinance approving the adjudication
was vetoed by Mayor Heath, AID the veto
sustained by the Council. subsequently
committee of the Council met Mr.. Soule, the
representative of the claimants in this case,
with view to compromise, but before
anything definite was concluded the Coun.
Gil was removed by military authority. We
have learned, however, that Mr.. Soule was
willing to compromise the suit for S120, 00O
while the committee were willing to allow
500 900, and Mayor Heath maintained that
10000 was sufficient. The decisions of the
courts do not touch upon the amount of
damages sustained by the claimants by the
occupancy by. the city of their property, and
that matter is left open for settlement by
compromise or by further litigation.
But in view of the fact that it would be
to remove the Dryades Market,
and unjust to. the property holders in the
neighborhood of the market who purchased
ooio PlOpOlb1 Oh aCCOuub VI us VALUE lyluR
contiguous to said market, and as the
ground in controversy is 1913 feet deep, Jess
than half OF which is occupied by the pres
ent market building, and as the market ac-
commodations could be doubled on this
property at much smaller expense than
another market could be erected at any
other point, and as the city of New Orleans
is not now in condition to undertake any
improvements that will require an imme-
data nnfl0u da9 IN
ance of litigation would, in our opinion,
subject the city to the payment of much
heavier damages than can be now paid by
we recommend that the city
should offer to the representatives of the
lers of Livaudais and others, lease of the
of revenues of the Dryades Mar
zet for the term of eight years as full ex-
inguishment of the title OF said heirs, and
IS a settlement in full OF all claims of said |
heirs against the city of New Orleans in |
lud to the property in question, and we Of |
er resolution concerning the points re. |
Respectfully submitted,
THoS. R. BRADY,
o. P0YN0T.
The accompanying resolution was read:
ResolUed, That the Mayor be and he is |
hereby authorized to enter into contract |
With the legal representatives of the heirs of
Livaudais and Others, plaintiffs in suit |
against the city of New Orleans, for the col.
ection of the revenues of the Dryades Mar |
let for the term of eight years, commenc. |
ng on the first day of January, 1869, with
he following conditions viz
Flrst-The said legal representatives of
he heirs of Livaudais and others are to
eep in perfect repair the market-house,
tails, benches, tables, ETC., in and about
he market, aud TO return the same at the
nf thu la1pa IN ho nd |
nd condition (wear and tear excepted) as
I the commencement of the lease.
Second The said heirs of Livaudais and
theirs, or their legal representatives, shall
the time OF entering into this contract
ell and convey to the city of New Orleans
full and complete title to the Dryades
Iarket, and to all the ground adjoining
hereto, which was includedin the judgment
'ndered by the Supreme Court iii the case
heirs of Livaudsis and others vs. city of
ew Orleans, renouncing all claims against
I'D city for any damages sustained by said |
aintiH in virtue of said claim or Judgment
I'd shalt give bond i'll the sum of twenty
lousand dollars for the faithful perform
ice of their contract for keeping in repair
Ie said Dryades Market during the term of
eir lease.
The President decided there could be no
'bate on the first reading.
An appeal from this decision was lost.
The yeas and nays being called on the
loption of the resolution on its first read
g, it was lost by the following tie vote:
Yeas: President Marley and Messrs. Bo-
lille, Brady aud Shields.
Nays. Messrs. Kaiser, Pessou, Poynot and
rados-4.
Mr.. Poynot having voted on the success
4 side, gave notice that he would at the
ext meeting, move to reconsider the vote.
The following was received:
COMMITTEE OF STBEs rs AND LANDINGS,
Board OF Aldermen, Z
City Hal, scsmber l. 1865 |
} the Honorable the Board OF Aldermen: IL
GENfLEMRN--Your committee have the |
1nor to report upon the following subjects |
ierred to them, viz:
/. Upon the resolution sent from the Assist
1t Aldermen for concurrence, that the
lryeyor be and he is hereby authorized to
ave the wharves and levees repaired in
le Third District. your committee report
lat the necessity for immediate repairs ex.
IS also in the First, Second and Fourth
tstricts, and unless steps are taken for the ,
revention of the sliding of the banks of the
yer and settling of wharyes in all the dis
lets, it will seriously Inconvenience com
cree and increase the cost of repairs, we
lerefore report favorably by substitute.
81. PETER KAISER,
aa.a Chairman;
THOMAS H. SHIELDS,
ats LIS PESSoU,
LUDGER B0GUILLE.
The accompanying resolution:
ResoIUed, That the City Surveyor be and |