New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-29

What does thecontractor give in lieu ofthe
tax!
l. He stipulates that the city of Jefferson
may, at the end Of ten years, purchase the
park upon paying its full value, to be as
sessed at that time. The price which the
city must then pay, should it conclude then
to buy, would be full consideration for
the property. The privilege of having the
refusal of the purchase ten years hence. at
constitute any adequate present consider
alton.
2. He stipulates that he will establish a
park 'free to all upon paying such charge
for admission to said park as shall be fixed
by said Chandler" This is no valuable con-
sideration for exemption from tax. l grant
that the benefit Of third persons is proper
consideration between contracting parties
IN certain classes of contracts, but in this
case the beneticiaries are to pay their way
into the park They are to pay all that Mr..
Chandler may require of them, or be eX
Guided.
Considered as public Improvement, it is
no more a consideration for exemption from
taxation than any other private work, such
as cotton factory or rolling mill would be.
Every one who erects slightly dwelling i'm
proves the city, but that is not such a direct
benefit to the corporation as to be seriously
urged 10y any one as a reason for eXempting
the proprietor from taxation.
J. He stipulates that, at the expiration of
ten years, he will pave MarengO street
through the whole extent Of the Park, in
the same manner and with like material as
the said Marengo street may be paved with
at the expiration of the term OF ten years:
and further. to keep open the bitches ON the
north side OF st. Denis street, from Milan
to General Taylor, and on the east side of
Milan street from St. Denis to Claiborne
How long the bitches are to be kept open
is not stated-it may be for an hour. The
paving OF four blocks on Marengo street de-
ponds upon the contingency that the other
part OF the street shall previously have
been paved. This would not be required
should the city buy the property, for this
street passes through the grounds desiG-
mated for the park This contingent liabil-
ity to pave "a street for few yards is the
only substitute offered for the taxes of ten
years. While other people pay annually,
Mr.. Chandler is thus to work out his tax,
after a ten years credit. 1t is an in
adequate consideration even were the city
authorized to accept OF any other method OF
collecting revenue than that pointed ont AS
the uniform mode. But if the paving, ten
years hence, upon the happening OF two
contingencies, be considered u legal stipula-
ticAs StiAA ~ uuCS uVt pun pOIt W lol LII
thing but q part of the consideration, and it
is Il well settled rule of law that if any part
is Illegal, the whole contract falls to the
ground, as the consent of the contracting
parties may have been influenced by the
void stipulations.
Not only exemption from the real estate
tax. but from payment Of license for ten
years is sought TO be guaranteed to Chand-
Ter by his contract. The law requires that
licenses be paid annually. Urder what au-
thOrity can Mr.. Chandler be licensed for ten
years The considerations for this priv
lege are the same as those noted above.
The second point made by Nj. Chandler,
in reply 10 my former letter, is that the en-
closing of the intervening streets of the
twelve squares would not be "a conversion
of public property to private use, as there
has been no appropriation of these streets.
Taking it for granted that he is right in his
statement of this fact, he does not improve
his position Tor the city can not legally de-
bar itself from the right to appropriate
when the public interests shall require such
action. OF course. the city could establish
Il public park, covering al area OF several
squares, acting in the public interest: but
it could not. tor obvious reasons, by contract
with a private individual. for his benefit,
give away its prerogative of eXpropriating
property to open streets FOR the public good.
The power OF municipal governments over
streets, and their limit in granting fran
chises to railroads to the rule that travelling
Oh the streets shall not be intertered with.
is lcalnedly discussed in Redtield ON Rail
ways, vol. /, PIP. 3l5. 81: vol. ,, PIP. GAS, 6i9,
i3i; IA an, S42: 45 Barbour, p. l3S.
In word. MI. Chambers contract was
made subject to Me approval Of tic city Co,M-
ell. See the park ordinance printed on page
los of your lately published proceedings. |
have looked in vain through the journal Of
the jefferson City Council to find any ratifi-
cation OF this contract. This alone should
deter Mr.. Chandler from the contemplated
litigation suggested in his petition.
RUFUS NAPLES,
Assistant City Attorney.
Tie Assistant Attorney inclOsed the fol-
lowing ordinance, which, together with the
report, was laid ever to be printed:
An ordinance to declare null and void alb
iaitiO IAN ordinance to permit j. Benja-
min Chandler to open a park or grounds
in the City OF Jefferson. and for other
purposes and to repeal the said ordi-
nance and to disapprOve the contract
made Hereunder.
SECTION l. Be it ordained by the Council
of the city of New Orleans, That the Ordi-
Benjamin Chandler to open a park and
grounds in the City of Jefferson, and for
other purposes which purpOrts to have
been passed by the Council Of the late City
of Jefferson, ON the twenty-fOurth of Febru-
ary, 1870. is and has been 10 initiO null and
void because of the illegal and uncOnstitu-
tional provisions therein contained, and it is
hereby. repealed.
SEC. 2. Be it further ordained, etc, That
the contract entered into by the said Chan
,iler and the late Mayor OF the City of JEFF
ferson, by nOtarial act, relative to said con-
park. subject to the approval and
Of said Council of the late City
of Jefferson, is hereby disapprOved aud re-
jccted;
SEC 3. Be it further ordained, etc, That
the twelve squares of ground bounded by
st. Denis, Claiborne, General Taylor and
Milan streets. shall be assessed and taxed
as the property of the sad j. Benjamin
Chandler, uniformly with other similar
and according to law.
SEC. 4. Be it further ordained, That this
ordinance shall take effect from its passage.
New Ordinances and Resolutions.
By Mr.. West:
An ordinance for the issue of bonds for i'm
provements to wharves and landings.
Be it ordained by the Council of the city
of New Orleans, That for the payment Of
the work now being done under the con-
tracts for the Improvement and reconstruc
ton of wharves and landings. bonds shall
be issued by the city OF New Orleans; and
the Mayor and Administrator of Finance are
hereby authorized a&d required to sign the
same, to the extent of three hundred and
fifty thousand $3.50 000) dollars, limiting the
issue to the amount that may become neccs-
sarv for the aforesaid payments.
Be it further ordained, etc, That said
bonds shall be dated December |, 1870, and
be issued in sums of five hundred $500 and
one thousand (Sl00W dollars each, payable
in ten (l0) years after date, bearing interest
at seven and three-tenths Il 3-lO) per cent