Ashtabula telegraph. (Ashtabula, Ohio) 1874-1880, 1877-09-21
cOunclI Proceeding.

Gas Committee to erect one gas post near
7, Tvler's residence on Main Street, and
one on Spring Street near the Armory.
ON motion of Mr.. Clover, Jas. Reed, Jr.,
and A. II. Tyler were appointed registers
for the corporation.
An ordinance to license and register
dogs was read for the third and last time,
and on motion was put upon its passage,
but the ordinance was lost, the nays being
Butler, Randall and Topky; yeas, Field
and Clover.
The Solicitor made written report on the
Fisk Street matter, in which he advised
the Council to take possession of the vacat-
ed part of said street, as the proposed va
cation had not been advertised the length
of time required by law.
sThe following resolution was then adopt
ed, Mr.. Trpky only voting against it:
Be 1t Resolved by the Mayor and Coun-
ell of the Incorporated Village of Ashta-
bula that we do now and hereby release ali
or any interest this Village may have IN or
to certain strip of land 80 feet wide run
ming from Fisk Street to Centre Street near
the west line of the grounds OF the A, L.
& P. r. r. Co., and hereby instruct the
Street Commissioner to cause onstructioiis
to be placed so as to prevent al P1Oilc
travel thereon: also, that the Street COM
| missioner proceed at once TO make such re-
nairs ON Fisk Street where said street
crosses the A., Y. & 2. h. X. and James
| town Branch of the l.. ). q NJ ,. H. h.
As are necessary, and that copy OF this
resolution be sent by the Mayor to the prop
er officers of both OF said railroad compa-
nies within ten days from this date.
A sidewalk was ordered to be constructed
on the East side of Prospect Street between
Division Street and West Park Adj.
SOLICITORS OPINION OF THE FISK STREET
MATTER.
To Hon. the Hon. Mayor and Council of
the Incorporated Village of AShtabULa:
You ask my opinion as to the present
legal status of certain part of Fisk street
in said village. Hereinafter particulars
described:
On the 2Sth day of July, 1873, the then
village council passed an ordinance vacat-
ing that part of Fisk street lying between
the east line of land now owned and Occu-
pied by the j. & F. branch of the L. S. &
NJ. S. railway company, and the west line
of lands now owned and occupied by the
A, Y. & P R. R.. providing that the
ordinance should not take effect until said
A, Y. & R. R. Company should without
expense to the village, cause to be opened
and dedicated to public use, street sixty
feet wide and leading from Fisk street to
Center street, near the west line Of the
grounds of the said A., Y. & P R. R. and
east of lots No. 2O7 and ia on Fisk street.
On the 4th day of September, 1873, the
said ordinance OF July 28th, 1873, was re-
pealed, and another was passed or pretend
ed to be passed. vacating that part of Fisk
street hereinbefore described, but this ord
nance of September 4th, 1873, was not to
take effect until said A., Y. & P. R. R.
Company, should, without expense to the
village cause to be opened and dedicated
to public use as a street, street not less
than so feet wide, leading from said Fisk
street to Centre street, near the west line
of the grounds of the said A., Y & P. R. R.
Company, and east of lots 207 and TIA in
Fisk's plat.
Now Sec. 492 of the Municipal Code pro-
vides that:
''No street or alley shall be vacated or
narrowed as aforesaid unless notice Of the
pendency and prayer of the petition shall
be given by publishing the same in some
newspaper published or Of general ctrcula-
tiOH in such corporation for six cOnsecu-
tive weeks preceding action on such petit
ton; or in case no newspaper is published
in the corporation. by posting such notice
in three public places therein six weeks
preceding such action; and such action
shall take place qCithin three months after
the completion of such notice.
1t is evident that the object of this pro-
vision of the statute is to inform property
owners and all persons interested of the
proposed action of the council, so they can
be heard, that the reason for and against the
proposed vacation may be fully and fairly
understood; and it seems to me that this
is wise and salutary provision. The
statute Is in my opinion mandatory and
not directory; it would therefore follow
that no ordinance would be valid unless in
the passage of the same this provision of
the statute shall be complied with, and as
a matter of fact so far as the ordinance of
the 4th of September, 1873, is concerned,
there was no such notice published prior
to the passage therof. / therefore think
that ordinance void, so far as its effect to
vacate that part of Fisk street described
therein is concerned.
There is one more question that arises
IN connection with this matter: Can the
vacation of that part of Fisk street hereto
fore described, be sustained on the ground
that the action of the council in relation
thereto was in the nature of contract,
and therefore binding upon the municipal
authorities? 1t is my opinion that it
cannot be sustained on that ground, for l
do not believe that the officers of munic-
ipal corporation have the power, except as
expressly given by statute, to condemn
and take private property for public use,
as in laying out and opening highway, or
to interfere with vested rights of property
owners in such manner as to cause them
great inconvenience in their routes of trav-
ell, and deduct and take from their prop
erty 80 or 80 per cent. of its value by the
vacation of the only street which makes
it accessible and desirable. My conclu-
sion therefore is, that if the village of Ash
tabula will release and disclaim all inter-
est in and to the street opened up by said
Railroad company and running from Fisk
to Center street, that then, and in that
case, that part of Fisk street sought to be
vacated by the ordinance of Sept. 4th,
1873, may be regarded the same as any
other street in the village, and may be
used, travelled, repaired and controlled,
the same as it was prior to the passage Of
the two ordinances mentioned.
T. E. HoYT.
Solicitor.
Meeting of Physicians.
The meeting of the physicians of the
/ ooupfr vvac hold of tho ASbtabul uouso