, 1875-03-21

/ The infinite amount OF trouble to which the
Board Of Public Works have been subjected in
| cases where prirate property-owners dubbed
together for the improving Of 8 street, immedi-
ate1y after the assessment has been made, has
ut last been settled By the following opinion on
the subject from Frank Adams, Assistant Cor
poration Counsel The opinion Was given in
answer to the following request made by the
Board OF Public Works on Jndge Dickey:
Tas Hon. 7. Lyle D'ekev Corporation Counse1-
DEAR SIR: The Board OF Public Works desire your
opinion In the following mater: Where special as
sossnent has been made and confirmed BY the County
Court for paving street aud Afterwards sevenghths
ar 20 be to IN
oontrac, will the aesesament stand against the
eighth the work all being done under the private
tract ahould the city have the entire assessment
nued after the private conttactor hes paid the costs
incurred, could the Board refusa to rebate the
eeasmcnt against the one-eighth, should they mako
according to the plans and specifications Of The Board
REDMOND PEIxp1yn1E. President
After citing all the Lam in the case5 and going
into minute detail Of all the cases that might
possibly arise the opinion reads as follows:
It is apparent from these provisions:
First-That the money collected special aseeaa
ncnt can be expended In no other why than in pay
ent for the work to defay the coat of which tbs
S>cond-That the cost Of tho work is to he deter
mined by contract between the city and the oweat
These progisons VIZ that the money collected on
Special assessment shall be expanded only In payment
Of the cost Of tho improvement for which the aesess
ment 1nade, and that the work shall be le. to the
lowest responsible bidder intended for the security
Of M the owners Of tue property .ssesaed 1he money
eoss'ea % n.ao spea assessment IT, cannot 1
than that for which it gas collected, NOR tn
any other manner than that p1escribed by lsw viz
work BY contract with the city, and to the easfaoon
Of the Board.
tractor who has contracted with private parties for the
performance Of tho work Neither can 1t be expend
I'd by the city In any other way. The law does not
contemplate Or provide for the naakng Of public m
owners and contractor Ne7erthelesar Tho Law does
not prohibit such contract, and am Of the opinion
Board. for the performance Of work. in tho manner
prescribed By the ordinance ordering II, are
Wild But In case Of such contract there ta no
privfy whatever between the city and the CONTRACTOR
He look exclusively to the parties with whom he
has contracted for payment, and have no benefit
whatever from the special assessments made for the
work.
If d contractor makes contract with the owners
Of sevenegn.hs Of tho property to be benefited by the
owner agreeing to pay only his rata q the cost Of
the work. and the owners Of oneeghth Of the property
benefited refuse to Sign the agreement, pay their
proportion, the contractor must pocket the aoes He
has claim either against the city the assessments
BE must abide by bis contract.
In such case. when the work Is done, the money
collected the assessment must all be paid back to
the owners from whom it was collected. The 1naster
would stand thus: The have paid to the cily
money to defray the cost Of m improvement 10 be
made by the city but in the meantime private parties,
by consent Of the city, havs made the improve
meats. The object, then, for which the money has
been collected has been attained. By law the money
cannot be applied to any other object It must there
fore be returned
I Of the opinion, then:
FlF1rst-ThRt the Assessment would not bo good aa
against the owners Of one-eighth Of the property.
who refuse to join in the private contract, such
contract being made by the consent Of the Board,
and tho remaining contracting for the doing Of
the whole work.
seeondUpon the execution, with tho consent Of the
Board, Of private contract for public improvement
to defray the cost Of which special assessment has
been ordered, the assessment should Immediately bs
aunulled.
Third-Upon the completion Of public improve
mcnt in pursuance of private contract nude with the
consent OF tue Board, the assessment, not annued
should be 1ebated.
Before consenting to such conttact, the Board
should Ia every case require the private contractor
to pay nll costs, which may have been increased In
relation to any special assessment made to defray the
expense OF the work, and also to enter into bond
with . sufficient penalty and good suretes eondi-
toned for the faithful performance Of the work in the
manner ordered by the Council according to the plans
and specifications Of the Board, and within stated
time