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


| presiding, and Administrators Brewster
Calhoun, Fitzenreiter, Lewis, Schneider
and Turnbull
The minutes Of the last meeting were ap-
| proved.
Financial Business Oh Final Passage and
other Bills on Third Reading.
Mr.. Calhoun called up the ordinances de-
scribed as follows, which had been read
twice. Said ordinances being now on third
reading were severally passed by unani-
nous vote, the yeas and nays having been
called on each:
Providing for the payment of the sew
| eral accounts therein named" beginning
with l. w. Patton, criminal sheriff, 1920 IS.
Providing for the issue of warrant ia
| settlement of the claim of john Clar!., for
$3i5
Providing for the payment CT the sew
eral accounts therein named" beginning
with Thomas Greyson, $l225 So.
Making final settlement with George
Cronan of certificate held by him, APP
proved by late Finance Committee
The resolution TO issue bonds to the
amount Of 5000, to James j. Hara for
lake shore revetment, coming Up for third
reading, was, on motion Of Mr.. Calhoun,
| again laid over.
The resolution to advertise for proposals
to deliver 5000 barrels Of lake shells was
| adopted.
| Reports of Committees.
The president, in behalf of the committee
Of the whole submitted the annexed re-
port, which was adopted and, on motion OF
Mr.. Turn bull, was ordered to be printed
| THE FOURTH DRAINAGE DISTRICT.
On the petition from property holders OF
| the fourth drainage district, relative 70 the
drainage tax ard mortgage, referred by the
Council March IS, 1873, tho committee OF
the whole report as follows:
The petitioners, about fifty III numD Der,
are owners of a large part OF the ground.
within the fourth drainage district, and
fully represent the interests and wishes OF
all the residents of that district. They
earnestly protest against the policy OF the
| Council in permitting the City Attorney to
ti.e petition and accompanying affidavit
! in the Superior Court OF this parish, com
| neilinc the citizens within the said district
| to pay for a pretended drainage OF their
| property, nearly double the assessed value
of the said property as will appear By re
ference to the books of the commissioner OF
drainage" etc. They state that the assess
| neut is fixed at 1891 900, that the total cost
Of the work is estimated at $7J2 10 30, and
| that this amounts to cOntiscatlOn o. the
whole and one per cent deficit besides.
They further complain that While no
work has been done and may not DE Tor
years, the mortgage placed upon their
property prevents them from selling, great
" to their damage; that tho act OF the Gen
eral Assembly no. 30 of 1871 Is CT queS-
tiouable legality; that litigation is pending
between the State and the Mexican Cult
Ship Canal Company, which may place the
latterin default; and cOzclude by IefuestlDg
| the Council to instruct the City Attorney
ito i,hdraw all proceedings in the Supe,
| riur Court relative to the c0ntt mplated
drainage OF the fourth (lTainagej district
| and by stating that tic drainage Of that
district was not asked for by the owners OF
property, canals sufficient for that purpose
having already been dug.
Tie committee submitted the petition tC
the City Attorney, saying;
The Mayor and Administrators desire &c
| know the proper course TO follow IN order
to give the reliet prayed for, and whether
the proceedings by which the drainage
mortgage was imposed may not be revrken
Can the ordinance No 1877, Administration
| =
upon the fourth drainage district, b. Ee
pealed Would the repeal relieve the
Dloueity owners OF the tax and mortgage
Under what instructions trCiM the CcuEcI
can the proceedings IL the Superior Court
be withdrawn!
With the view Of relieving property ii
the fourth drainage district from the tx
ard mortgage until 1t snail begin to derive
benefit from drainage. and uhuI lis value
will make the tax suppOrtab!e, the Counci
desire YOUR suggestion and advice.
In ans wer the City Attorney wrote:
THE tableau of assessments o! the tourtL
drainage district was placed IN ny hands
tor attention by the late Administrator ot
| Public Accounts, and as attorney 10r tGt
parties III interest | have obtained ludg
ment recognizing mortgage and con
defining the owners OF property 10 pay tAt
amount of their assessments. This Iudg
mant re gard AS rendered in favor ct thu
! Mississippi and Mexican Gull Snip Cana
Company and the other parties IN interest
named il such judgment, and the Mayer
and Administrators are without the iega
| right to interfere with CT disturb the SANE
1.Moreoyer. the city Of New Orleans. as
trustee Of the company above referred t.,
| IA bound to exercise due care and diligence
in collecting the amount Of the assessments
| standing against the fourth drainage sec
lion: aud Should she fail to do so, and d
loss 10 the company follow. the city viii be
liable TO make the same good. Ii the
| municipal authorities dc not Y lsd ~ SH'JrC'
tie TAXPAYERS in the city generally 10 the
risk of an additional tax, they lad better
90 forward and not backward N the c0IIec
fion of the drainage assessment.
.As attorney for the parties IN interest !
will carefully carry out all lawful lnstfuc
lions which may be given to ne III the
premises, the responsibility Therefor rtst
inr with the city
In answer 10 further inquiries from the
committee. the City Attorney wrote, Apili =
| Sartiun nine, act of 1871, makes 1t IN
perative upon the Board OF Adhiinistl to.'
| 10 f,luse an assessment OF two lAllls per su
| nnrfci,1 foot 70 he made upon al those
Tarfs of the three draining districts which
wera created by and existing EEutc ~
acts # March /, ISIS. and ot N2lc4 Il,
| 1883. and amer Gnents thereto, on "EIch nc
assessments had been made: al", also on
! s,rh ether lands as might be bfou4ht
within the protection leNteo cohtelhpialeG
IN. tLp act or 1871: and this duty the uoald
Ia to carry ont IN such : way and
manner as It's Judgment might dictate ny
~ creation Of tie fourth drainage clstlct
! or otherwise. 1..
"a lien or privilege similar to t9at ~
.tori1ad Nv the several acts Of the LegIsl5-
tIIrp creating and regulating the ooaFd q
commissioners upon the Ianas III thc or
s gn1 districts, by section nine OF the act OF
81 was vas, imposed upon ali property htch
might be brought within the rrotec u, 4 L
iryee under the provisions OF the act las'
mentioned, ana III my opinion. the lncaii;-
hr.nce resting upon property in TIE 19ul %
| Ir.inare section tor the payment 81 Tie
| drainage tax. is as perfect AUG CoufIc''
+Tat existing against property i%ih1 y vac
f f'tst second and third drainage districts,
UT TIE act Q: ISL makes proy vi ia M5s the
sPi11i and Mexican Gulf Canal C9nIany,
| 81 -N..:,.s 40 collection Of the drainage