New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-01

Brief Communications. PtbRShed-LOng
Ones hparidbly RJected-Ihe Editor not
Responsible for the Sentiments Expressed
in the Communications
Street Paving and City Charter.
EDITOR REPUBLICANS:
The Administrator of Improvements has,
under the head of "otficial notices." in the
REPUBLICAN, a notice. numbered 9S5, Ad
ministration series, of the intention of the
city of New Orleans to pave certain streets
within the boundaries therein set forth
with square block stone, and states that
said notice is in accordance with section
ten act No. AZ, approved March 49, 1871
This section ten of act No. 4S is section
twenty-five of the city charter, and it pro-
vides several ways for paving, repaving,
| grading, regarding, and improving the
! streets of the city.
First-The City Council can, at its option,
repave, grade, regrade and improve street
Second-The City Council must, when
majority of the owners of property petition
for the improving, paving or repaving, or
for the grading or regarding of the street
upon which their property fronts, cause the
| street to be paved, etc, as petitioned for.
Third-The City Council can fix the price
TO be paid for any patented pavement, and
let the same under contract to the licensee
of said patented pavement, when ma or
ity of the owners of property petition for
said pavement.
These pavements are all TO be paid for in
the same manner, to wit: One-third of the
amount of the pavement which is laid in
front of the property, and the whole amount
of the intersections, by the city in forty
year bonds, at not less than seventy-fve
cents on the dollar, and the remaining two
thirds by the property which fronts ON the
street which is paved.
1t is made the duty of the Administrator
of Improvements to furnish the Council
with proper plans and estimates OF the
work, and an estimate of the amount of
cost to be paid by the city and by the own
ers OF the property, and these plans and
estimates must be approved by the Council
before the work is contracted for.
1t is further provided that ten days
notice shall be given of the intention of the
city to make these improvements before the
plans and estimates are submitted to the
Council.
You will perceive that the City Council
has no right to cause a street to be paved,
unless a majority OF the owners of the
property which fronts upon that street shall
have petitioned for the pavement. The |
language OF the act is explicit, and limits
the Council in the exercise of its option, to
repairing, and just here the question comes
up.a to the right that the Council has to |
tax the property owners for repairing; be-
cause, under the old charter as well as under |
the new charter, all the streets which are
paved have to be kept in repair by the city, !
and as the property has paid for pave |
ment once, it is not just or proper to force |
any other payment upon it without the con-
sent of the owner; and presume that the |
reason why ten days notice of the inten-
ton of the Council to have streets repaved |
was provided for, was to give property |
owners time to make known their obiec-
tions.
These are very serious and important |
items. These contracts are very large, and
every taxpayer is interested in having the
contracts made without flaw and without
any of those disgraceful omissions which,
in other contracts for improvements, have
caused the city treasury to be emptied. The
city has larger debt now than can be
properly provided for, and if, through
ignorance or carelessness, these contracts
are let under the present circumstances,
those property owners who will be called
upon to pay for two-thirds of pavement,
for which they were not consulted, will seek
the flaws of the contracts and force the
whole debt upon the city.
1t is made the duty of the Department of
Improvements to furnish the plans and the
estimate of the cost to both city and prop
erty, "when such grading, paving, or i'm
provement is contemplated or petitioned."
The mere publication of the intention will
not suffice, and the courts will iealouslv
guard the interests of the property owners
when this question shall have been sub
mitted to them.
You will find that several of the streets
which are to be thus paved are already
under contract to be paved with square
block stone. and that the contractors have
uOU NcU UttH IClSdScu' uoI Gall IUtSe COLI |
tractors be released except by the consent
of the parties to the original petition, or
their representatives. When the city has
entered into contract. at certain price, to
pave street, and that contract is based
upon petition of the property owners, it
is extremely questionable whether the city
can release the contractor without the con-
sent of the property owners. The prop
erty owners and the contractors have rights
as well as the city, and they generally en-
force them.
These contracts, as far as the simple
notice of intention exhibits, will amount to
over one million of dollars, and if the con-
tracts are let without due precaution, there
will be heavy suits for damages against the
citu