The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1869-09-25

of Colweil received and referred TO comm ittee on
Finance for report to the council al its next
| meeting. ..s.r .-.-. ..-r 4yt.,r-- nj
| Petition off, B. Hamalle and Others. PRAYING
city council toorder the construction Of culver. or
| bridge across ravne on Syracuse street, between
| Jefferson and jackson streets. was, motion Of
Calkins. referred to committee on streets and al.
| leys fer report at the next meeting OF the CITY
| council
Remonstrance Of Henry Eichelberger and others,
against the passing of any ordinance changinp the
grade Of Walker aad Walnut streets. MAS pre-.
| scented.
On motion of Calkns, received and ordered piss.
| ed on file tI. Hl.
The following communication from Mayor shuer
Was submitted: ,.. ...
10 tie Ahsrme" efas Cay Of Ossa,'p in Council
| assembled
The ordinance raising the grade Of Walker and
Walnut streets, hereto annexed, was passed by
City Council at called meeting held on Thurs.
day evening, the 9th inst. 1Gls eai ts.t
| Since the passage OF the ordinance, have Qiven
the matter treated Of in the ordinance . more
particular exsmi0atsn, and sm convinced that
ought not to approve the same, for the following
| reasons:
vdsd in said ordinance will very seriously in.
jure oil of the lots abutting on said streets and
in many cases the property will be irrepsrsbiy
damaged.
pecial purpose Of enabling the Rail Rosd Co. TO
| construct their rail road through the city on ths
said streets and not for the purpose Of iinprovss
said strse TO travel the same with their AMI.
mails and vehicles. for which said streets we're spec.
tally dedicated. fr etFotH
The grade 50 raised by said ordinance allows ths
Rail Road Company to construct their :oad over
| and along the sidewalks on said streets and also 70
pass over some ofthe lots seuttng on said streets.
So that by said ordinance the City Council would,
in effect, widen said ssreets and give the Rail Read
ComPany power to take private property for the
sole use OF said Rail Road CO. without making
compensation therefor. .N
The City Council. BY passing said ordinance for
the purpose aforesaid IN effect delegated their pow.
er over streets aud sidewalks TO she Rail Road
Company, which. asn assured, the City Council
| cannot legally do.
2. The call of ssid meeting OF the Civ Cou,cii
vas not made until late in the afternoon of,ahe
same DAY on which the meeting wss hsld. and
many ofthe Aldermen. IS I am informed, were net
notified until very short time before the meeting
and the real purpose for which the meeting WAS
held was not made known until after the meeting
was convened, and she public and those owning
property which would be injured BY raising said
grade, had NO notice whatever OF said meeting.
The council did not have, in my opinion time
TO give the subject proper confederation and
think that those who were interested in the pro.
ceedings OF said meeting ought TO have had notice
oft.
Every person in the city 10 presumed 70 have
had notice Of all regular meetings Of the Council
but the public cannot obtain notice Of called
meetings.
1t seems to me that this subject, in being very
serious damage to property holders in The city.
and actually taking their property, ought not
to be acted on by the Council except st regular
meetings.
3. The grade of said street cannot Be raised
except by levying special assessment to defray
the expenses thereof-Art .. Section 2. City
Charter.
4. The subject ought to have been referred 70 .
committee who are ito prepare and report to
City Council the plan OF such grade With an seeu.
AaHtvv Anc
page l72, Revised Ordinances. This was not done
in the case before US.
8. am advised that IL said ordinance should 70
into effect the city would thereby assume oil dam.
ages to property which the Rail Road Company
would otherwise b. required to pay, and am sat,
listed that i would subject the city to long and
expensive litigation.
am in favor Of doing, and think the City Coun
railroads which would benefit the CITY, but railroads
are net entitled 30 everything Property owners
who pay the city taxes ought to have some con
sideratlon.
Entertaining these views I respectfully return
this ordinace to your further consideration. -
i H. A. SHULER, Mayor.
Alderman Fiske moved, that action on the veto
Of the Mayor be postponed until the next meeting
OF city council. --
Ayes-Bell, Fiske, Hughes. Colwell and Os.
man-5.
Noes--Brunker. Leonard, Clifford, Bosserman,
Moore and Cakins-6.
Motion was declared lost
Motion of Alderman Colwell to adjourn, was do.
feated-the vote being as follows:
-Ayes-Bell, Fiske, Hughes, Colwell and Os.
man--5.
Noes -Brunker, Leonard, Clifford, Bosserman,
Moore and Calkins--6
The motion was then put. Shall the Ordin ance
in relation to the Ottawa, Oswcgo 4 Fox River
valley Railroad Company, returned by the Mayor
with his objections thereto, for be
adopted,-the veto of the Mayor to the contrary
notwith. standingg
, Alderman Bell Fiske and Cowell declined 10
vote; Alderman Hughes voted aye, and Alderman
: Brunker, Leonard, Clifford. Osman. Bosserman.
Moore and Cakins voted no. "' 'IR T'fI
The veto Of the Mayor was declared sustained,
there not being vote oftwo.thirds Of all the Al
: dermen elected to the council in favor OF the
adoption Of the ordinance returned for recon.
Report Of city surveyor Of grade established fol
gutter along the south side Of Marquette street.
in front of lots 2 and 8, in block No. 10, Ottawa
North, was, on motion Of Oolwell, received, and 90
ton on same postponed dntil anert The members al
city council had visited the locality and could az
) termine whether report, should Of should not b
confirmed.
CITY Surveyor also reported that he found IN,