Elizabeth daily monitor. [volume] (Elizabeth, N.J.) 1868-1880, 1868-10-15
PROCEEDINGS OF CITY COUNCIL.
OFFICIAL.
PUBLISHED BY ORDER OF THE CITY COUNCIL.
WEDNESDAY, EVENING, Oct. ID, 1868.


WEDNESDAY EVENING, Oct. ID 1868.
TO the City Council OF Elizabeth:
In answer to the resolution " That the City At
torHey be requested to report on the legality of
assessing Jefferson Park for portion of the ex-
penscs of constructing the sewer in jefferson
avenue"
] refer to the latter part of section 1O1 OF the
city charter, which reads as follows: THAT in
order to provide for the payments of the costs,
damages and expenses of constructing any sew
er or dralner in any part of said city, the City
Council shall ascertain the whole amount Of such
costs. damages and expenses, and shall cause to
be made just and equitable assessment thereof
upon the owners OF all the lands and real estate
benefited thereby, in proportion as nearly as
may be, to the advantage each shall be deemed
to acquire"
This is the law governing assessment for sew
ers; and by il no property benefited by the sew
er IL exempt from assessment. No distinction is
made as to who owns the land, whether individ-
uals private corporations or municipal corpora
tons. IN making the assessment two things are
to be determined.
First, what lands are benefited? Second, in
what proportion the owners of the lands are ben
Gifted. These determined by the judgment
OF five disinterested ireeholders appointed by
the City Council, commissioners to make the as
sessment For the present purpose it Is not nee
essary 10 mention the geographical situation of
the lands. This must always enter more less
inio the assessment 1t Iis sufficient to treat OF
the legal disabilities that may prevent the owner
from enjoying the sewer. Tits clearly manifest
that the benefits not confined to the present
use made of lands by the owner. But the bene-
nts depend largely, If not entirely, upon the
rights the owner has acquired to use the sewer
The owner NAV not have improved his land, but,
owning the Zee, he has right to do at any
time, and may do it before the assessment is due.
To-day he may be using his lands for purposes
that do not require a sewer, next year he may
convert them to entirely different purposes. But
II lands are so situated from any cause, that the
present or any subsequent owners can never be
benefited by sewer, or if benefited, only to
limited pXt0Qt in with other
ty, such disability ought to be regarded by the
commissioners.
The lands known as Jefferson Park have been
dedicated by its owners to be used as park, and
the City Council have accepted the said lands for
the purpose of public park. The ownership of
this park is very properly defined in the report
OF the law committee OF this city.
The naked fee remains i'll the parti es so dedi-
eating them, but the right of the public to use
the lands for the purposes of the dedication is
paramount to the the title of the owner of the
fee, and such owner cannot use or authorize the
use of the lands for any private purpose But in
case the public should ever desire to surrender
or discontinue the use of the lands for the pur-
pose OF park, the lands would still be ong to
the original proprietors. and would revert to
them freed from the servitude.
The commissioners, are the proper ones to
determine whether the owners of this naked
fee are benefited.
The public have an easement in these lands
by which they have right to enjoy them for
d public park. This right they can hold until
voluntarily surrendered. But they are not
the owners of the fee, and cannot Appropriate
the lands to any other purpose tkan that Of a
park They own the land for the PURPOSES
Of park and no other.
Whatever benefit the sewer may be. to the
land used as park, ought to be assessed to
the city
1t is my opinion, therefore, that if jefferson
Park is benefited by the sewer the owners
should be assessed in proportion, Us nearly
l... k.. U..lxyY,, An.. h. III
deemed to acquire.
The owner of the naked fee should be as
sessed for his proportion of the benefits, if
he shall be deemed to acquire any, and the
city of Elizabeth should be assessed for their
proportion of the benefits they may be DEEM
ed to acquire, as owner of the lands for
public park.
JOSEPH ALwARD, City Attorney.
| October LIST, 1868
BY Councilman Gray.
| Resolved, That ii is the intention of the City
Council of the City of Elizabeth. under and by
act revise and amend the charter of the citv of
Elizabeth, approved March d 1868, to order and
cause the snnken lot on the westerly side of Mon
roe avenue between Julia street and Port ave-
| nue., reported to belong to E. X. Kellogg. to be
flledup to such an extent as to obviate the nuis-
ance now prevailing; and the Street Commissioner
is hereby directed to give public notice in the
Union County Herald, newspaper printed, pub
lished and circulating in this city, of the inten-
ton Of the City Council to order and cause such
Improvement to be made requesting such per.
sons as may object thereto to present their OBJ
jections in writing at the Street Commissioners
office, on or before the expiration of two weeks
from the date Of such notice.
Which was adol ted.
BY Councilman Schultheis:
Resoved-That it is the intention of the City
Council of the City of Elizabeth, under and by
virtue of the provisions of an act entitled IAN
act to revise and amend the charter of the city
of Elizabeth approved March 4, 1863 to order
and cause sewer to be constructed in Martin
street, from Division street to connect with the
Smith street sewer; and the Street Commiss-
Toner is hereby directed to give public notice
in the Union County Herald, a newspaper
printed, published and circulating in this city.
o. the intention of the City Coz neil TO order
and cause such improvement to be made re-
qlesting such persons as may Object thereto to
present their objections in writing at the Street
Commissioners Office on or before the expiration
of two weeks from the date of such notice
Which was adopted.
BY President Wiley:
Resolved, That his honor the Mayor be and he
is hereby authorized to draw HE warrant in favor
OF the Chairman of the Committee on Fire De-
pariment for fifty dollars, 10 defray balance of
expenses OF the iiremen'e parade of { ais date
Which was adopted.
By the same:
ITO be concluded tomorrow.