The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-08-04


MAYoRALTY OF New ORLEANS
Cry Hall, July 81, 1865. I
To the Honorable Board Of Aldermen:
Gentlemen-l have convened your honorable
board in extra session in view of the Importance
OF prompt action touching the possession Of the
Water Works.
The Board Of Assistant Aldermen at their last
regular meeting accepted the conditions on which
the water Works are to come into the possession
Of the city, and authorized the mayor to appoint
temporary commissioners and q superintendent TO
take immediate charge Of the same.
learn that the concurrence Of your honorable
board was delayed. owing TO the absence Of an
opinion of the city attorney relative TO the Law
authorizing the sale of the Water Works to the
city.
am informed by the city attorney that he has
prepared an opinion for the special committee Of
your board. to whom the subject was referred,
and in this connection beg 10 direct special at
tention 10 the important documents accompany.
ing my message Of the 28th inst.
Verytrespectfully, etc.,
john K. CONWAY, Mayor.
The committee to whom had been referred the
matter of the acceptance of the Water Works
made the following report which was accepted:
CRY, HALL, New Orleans, La,
July 3lst, 1868.
To the Hon the Board OF Aldermen
Your committee, in the matter of the city
Water Works, beg leave to report that the former
council passed a resolution for the purchase of
the city Water Works, which your committee
considers binding on the city. Under the charter
Of the company, board Of commissioners was
appointed 20 appraise the value of the material
and buildings of the Water Works company AMI
they have agreed with the commissioners ap.
pointed on the part of the company, thus binding
the city by their decision. The city is further
bound to take immediate possession of the Water
Works, in accordance with the opinions of the
city attorney, accompanying this report.
PETER KAISER,
T. r. BRADY,
o. PoYNoT.
The following were the questions propounded
by the committee and the answers referred to:
To the Hon J. B. Eusts City Attorney:
The undersigned committee on the acceptance
OF water Works, request your opinion on the
following points:
/. We're the experts lawfully appointed by the
city authorities under section 40 of charter Of
Water Works, Leovy's digest, PIP. 545-6!
2. IL lawfully appointed, is the city irrev.
oeably bound by their award, without any chance
Of appeal or revision?
8. Is the city bound to take instant possession
of the works, before giving its bonds and passing
the necessary acts Of transfer supposing that she
is finally bound by the award?
We herewith transmit the necessary documents
PErER KAISER,
VICTOR PRADOs,
L. X. BRADY,
o. P0YNor.
10 the OF the Committee on acceptance Of Water
Sir-In answer 10 the question submitted to me
for my opinion, would state that to the first |
can discover no legal objection to the appoint.
ment Of the arbitrators appointed by the city
authorities.
To the second The AID section of the act of
1888 explicitly provides that the award of the ar.
bitrators shall be binding on the respective par
ties. The statute provides no mode by which the
award can be appealed from or revised, and the
action Of the arbitrators within the limit of their
powers is, in ms opinion, conclusive upon the
Water Works Company and the city.
To the third: am of opinion that the Water
Works Company could compel the city to take
possession from the date that the arbitrator re-
ported their award. The Water Works Company
under the law are bound to sell. The only assent
required is from the city. The resolution OF the
Common Council No. $50, and the appointment
Of the arbitrators in my opinion sufficiently ex-
press the legal assent of the city to make the con-
tract between the parties complete and en-
fOrcbe. The acts of transfer would be evidence
only of the execution of the contract and the Civ.
ing Of the bonds does not form an element of the
contract.
Very respectfully, etc..
j. b. EUsTIs, City Attorney.
The resolution of the lower board was then
read, as follows, and amended with the proyiso
thereto annexed
Resolued, That the mayor be and he is hereby
authorized to appoint board OF commissioners
consisting of seven members, 10 manage the
Water Works, until such time as the City Council
may take further action.
ResOlued further. That the mayor be and he ia
hereby authorized TO appoint superintendent of
the Water Works, under the control of the commits
soners aforesaid; Provided, That all the APP
pointments by the mayor be subject TO the con-
frmation Of the Board Of Aldermen.
1t was then read a second time aud concurred
in as amended, by the following vote:
Yeas Messrs. BOguille, Brady, Kaiser, o 'Brien,
Pessou, Poynot and Shields.
Nays-None.
Mr.. Prados voted blank, giving at the same time
his reason, in the form of a verbal minority re.
port that he thought the action too precipitate,
and without giving sufficient time for examination
into the questions involved.
The resolution as amended was then returned 10
the other board. 1t was again sent to this board,
the amendment being accepted, with the follow.
ing proviso superadded:
Provided, That the said commissioners and
superintendents shall hold their office under the
mon Council may propose aud mature the neces
saTy ordinances and resolutions for the final gov.
eminent Of the Water Works.
Which amendment was also accepted and con-
CURED in by this board.
Mr.. Shields having taken the chair, a motion
was made TO reconsider the vote of last session,
referring to the committee on finance certain reso.
lutions Of the other board relative to amended
tax bills. Carried.
Said resolutions were then read and concurred
in, and the rule being waived, read second time
and concuued in, each by the following vote
Yess-Messrs. Boguille, Brady, Kaiser, O'Brieu,
Pessou, Poynot, Prados and Shields.
Nays-None.
Resolued. That the controller be and he is
hereby authorized TO alter the tax bill of Mrs.
d. T. Harris, in square $40, and cancel the tax on
$1,000 furniture on said tax bill.
ReSOlued That the controller be and he Is here.
by authorized to correct tax bill OF Bank Of New
Orleans, computing the tax on $40 440 capital.
ResOlred, That the controller be and he Is here
by authorized to correct the assessment on the
property of Mrs. T. w. Ferguson, in square No.
49, from 1920 TO $500, and tax bill on the same
in accordance thereto, and draw a warrant in her
favor for the difference arising from said correc-
ton.
Resolued That the controller be and he IL here
by authorized to correct tax bill Of A. Dupre 30
as TO reduce the assessment on his property on
Msrsis street from $4,000 TO 5000.
ResOlUed, That the controller be and he is here