New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-04-30


| act the City Council is subrogated 10 the
| powers and duties of the old boards Of com
| ml=sloners, having no legislative authority
IN the premises. They merely execute the
law, having but little latitude Tor the exer
else OF their own discretion.
In obedience to the act of 1871, the Coun
! Gil, on the sevenrh of February, 1872
passed ordinance No. 1859, locating the
lower protection levee from the river along
| tIshermen's canal, etc and designating The
boundaries of new drainage section. The
| lower and rear lines OF the new district COZ
respond with the line of the lower levee.
Ga the sixth of November, 1872, e. q
! Council, in further compliance with the act
| of 1871. passed an ordinance, No. 1919. dl-
rPcting a plan and tabieau of the new dis
trict 20 he filed in the mortgage office, notice
| to he given and first mortgage lien and
| privilege to be demanded on the property
| OF the district for the amount of the drain
| age tax then assessed upon such property
| for its proportion of the cost OF draining
said SECTION" all lin favor of the city OF
| New Orleans in its capacl-v as admlnistra'
| tor of the funds Of the drainage districts.
| On the twentieth November, 1872, the
| Council passed an ordinance (No. 1870
assessing the drainage tax or lands in the
| fourth drainage district at two mills per
! super fetal foot, citing as their authority the
! drainage acts of 1853 and 1852 and also act
| No. 30 of 1871.
| What the Council did appears to rs to
| have been in strict conformity to the laws.
| A few months fun Their delay might perhaps
| have been made to the temporary relief Vi
! property owners IL the new district, but 1t
| is not in the power of this Council TO re-
| Ltye the property within city limits from
the assessment fer drainage.
Sections one and two Of act No. l0l Of
| 1859 authorized al issue of $780, 900 in bonds
! tor each drainage district. and tax OF the
| same amount. The tax is required to be
| assessed be- the "superticial foot" ana u Is
| provided that "the amount OF assessment
! Iemanda BILE and coliectible yearly shall
n0t exceed in the aggregate more than one
| tenth CT such assessment"
The act of 1871 follows that of 1889 IN
| the mode Of assessment, by the superficial
| foot, in the object of the assessment, to
procure a drainage fund; and in our opln-
| ion il must also be under stood to follow 1t
in the manner of collection, to wit: In ten
annual instalments. The acts of 1853 end
| 1859, and all previous and subs 3qu mt
drainage acts, plainly contemplate UNI
! form assessment on all lands within drain
| age bounds to be levied, not according to
value, but upon the measurement OF the
| lands, not payable at once and IN full, but
| in easy payments, as the work OF drainage
progresses. If, therefore, it IS not already
sufficiently evident the Council ought to
declare by ordinance that the drainage tax
upon lands in the fourth drainage district
shall be coilectible in tea installments, at
intervals of at least one year.
| The Council are required section SIX OF
act No. 80 Of 1871 to locate pr, lection
| leyces immediately, ia time to prevent
delay in the prosecution OF the work on the
part of the said company Since the pas
sage of that act the compapy have nOt been
L. l. .Ntl ~
| levee. and therefore they would not have
been delayed if the same had not been To-
Gated. The property in said fourth drain
age district has been in no manner lmpTOy-
ed, protected or Increased in value by any
work already done, nor will it be until the
lower protection levee Is built and con
nected with the lake shore levee. Il IS
| therefore IneGuitable to demand tax from
the property of said drainage district until
the work FOR its improvement IS begun. 1t
- unjust to collect in the district by any
other method than that which has been al
| lowed to property in other districts There
| is no law which authorizes the drainage tax
in that district to be collected in enc pay
ment. The lien and mortgage follows and
results from the assessment and partakes o.
is iii astice aud i.iegality.
In the ninth section of act NJ. - Of
| 1871 is pr0visc, that the said Board Of
herein authorized in time to pTovi !e for the
payment Of the warrants to be issued a
the said company at The date OF their issue.
| Tie tax therein authorized clearly means
the areal two mills tax, payable IN ten IN
| staliments, for, in the same section, the
| COuLcIl are required ''tO execute and ca
force the same as provided Tor by the stV
eral acts Of the Legislature creating anG
| IT gulating said boards OF drainage commits
! c;n Tho q hare IflpTpn i4.tN
| it 70 tie option OF the Council To put OFT The
collection Of these dtCennial portions Of The
| TWO mills assessment for drainage, provided
that they are collected latter falling due II
tine to pay drainage warrants. II Is Clear
IL the duty of the Council to meet these
warrants out OF assessments due on IandS
already improved by drainage, rather thar
by forcing collections on lands which vii
not be improved by drainage for many
| years to come.
1t Is the opinion Ct the committee that
the only relief for the owners OF prop rty
in the fourth drainage district, which tu,:
| Council can give, Is an ordinance which
will give 10 them the privilege Of pawn
their drainage tax as 1t has been paid II
| other districts, il ten lnstalment5, payable
annually, as the work OF drainage il tha'
| district progresses.
Ia order to correct some inaccuracies O.
| petitioners, their petition was inspected IL
the Office of the Administrators Of PuOilt
| Accounts, where it was found that tie Cltl
| assessment to the petitioners amounts t
SOB. so, and their drainage asst Ssment Il
$40 7GJ; that the whole drainage assessmtn
10 the fourth drainage district Is S2iJ, ~
| and not S3Sl, coo, as stated III the petition
! lat the estimated cost of the work L
$702. 470, Of which $2l5, 400 is required from
land owners under the drainage law, tht
balance being for streets OF city properly
ami that tie petitioners represent aO0U
one sixth Of the proprietors IL the dI3trlc
| IL amount.
LOUIS i. WILT,
Mayor, and Chairman OF Committee OF tL'
the Whole.
Mr.. Turubull reported favorab!y on TIL
petition of Santiago l.. Mayol, and tn
report was received.
Unfavorably On the petition Of Z. Cha
pate, and the report was received.
FavoraUly on tie petition OF Antonio Spa
licio. and the subject was referred to IL
Committee oC tie Whole.
Mr. Stulcken reported Unfavogably upJl
the petition OF the New Orleans Mechanics
Society. and tavorab,y upon the petitions
If JaclJ Strauss. Il. Scooter, John a De
vanv, T. F. Martinez, and T J. kuhntolz
ali in relation to taxes, and TIE report va
received.
Ordinances and Resolutions offered.
Mr.. Turnbull presented resolution
Which was adopted, granting r. Mayo
the privilege Of putting steam engine il
| his tobacco factory.
| Mr.. Lewis offered d resolution for the re
lief OF Mrs. Frederick Neistrop, wEicl
passed.
| ~. E;.,a,,rci+er introGucef a resolution