National Republican., 1878-07-20
RErIsIoN OF SPECIAL ASSESSMENTS.
Rules to be Applied by the Board Of Audit In
Considering Claims.

These rules are based upon orders Of the Com.
| mIsi0ncrs heretofore made and intended for gen
cral application; upon decisions In special cases,
the app !cailon OF which should be made general,
J aud upon verbal orders given from time TO time,
and Of which no suiholent resord ,, eSise ,1e Inc
been combined with a few amendments aud are
here presented In the shape Of code or set Of rules
which Is recommended Tor adoption. ln viewof
the fact that property owners have sometimes been
compelled to pay rather heavily TO claim agents iof
Information concerning assessments ior spseiai
improvements, ! recommend that these rules DC
published together with statement nom the Com
inssioners thGtthe services ofagcnts are notneed.
srccial facilities whatever for obtaining information,
| and that the revision OF the assessments Is based
Hoh me sSnSsa ss se' ,bs iSi, IeIan " aed
teing obtained exclusively from Disuict records
except as explained In the rules.
The rules that have been appointed by the
| Commissioners are "s follows:
First The rules aud methods OF the late Board Of
Public Works as ic!Uwed by item under the net Of
| the Legislative Assembly rpproved August TO- ISL,
and in conformity with the act Of Congress ap.
proved February a. 1871. will lie followed, except
| as hereinafter mod fled, viz:
| Second. When the Bard OF Public Works exc.
| cutei contracts for street Improvements entered
into by the late corporate government OF Washing.
ton, and assessed the whole cost Of the work upon
IorsrE along Ihc iips q ,S ns sr a.,
private property male % conform TO The require
iuout. OF the ,hItySevelth section Of the organic
net approved February q, ISL
| Third III the revision UfAsscssmcnts for special
lrnprovetnCnts all clerical errors Of whatever ma.
tufe whether IN the vouches OF in the computation
based thereon and " hch Gf.ct the amount OF rate
o. ssSossmCut will be corrected. This includes the
deduction nf the cost Of the two feet Of graling
| required under the various wood and concrete
| pavemerts to be included IN the cast Of the pave
| inCnt, unless such deduction has already been
| made In the settlement with the contractors.
| Fourth Assessments shall not he mace more than
once for the same Improvement and all items Of
expense Incurred on account OF doing WORK
second time shal bc struck ont, 50 that the basis
OF the assessments shall bc only such work rs was
| necessarily aud properly done. In completing the
iElprrScmcmt III which tie a.sc,,:Gcut was made
lllsinciu,!eS tic ici,ctCn Of all ten, tr lowering
water.EGlns on account 0f change Of grade where
tie original eost aflaying the ina' has been onCg
agcssed It includes the rejection OF the cost Of ell
work in the nature Of repairs which Is not pfUi-
crly new work: a!tO the cost Uf fCseitn2 curb. re-
laying pavement. Sc Which may have oGenrfei
on account Of any modification Of plan or any
error in laying out or executing the work Hlso all
cost Of redres.img or rcjnimt!ns curb or ether ma
teria which has bocn pa!i for OF full board rates.
Fifth. - ter as rnlCtcablc the assessment shan
be mNde OILY f1I that w"rS hy which ne properly
owner shall DC taxed only i"r Improvements I'D
Jaccht TO his property. and by Which lac Is iE.nc
! iiutey benefited. 1h.s requires the deduction
frun the general assessment Of all Charge for
stcTs lOwer.Eg Of vaults, underrinnInc Of houses.
aud W.rS Of a shEiinr character. hni ~ asses.
| prDlrty for The Dsntht @! Nl.lCh the work Wa
done. ltIeImres that cNieiid tuTes for improve.
moTts & iia'ent tI property which Il EXEMPTED by
law from asse,suIcut such a. UhHrCh pTui cry.
shall by cxc.rd,d iT,In the s;uiement Of cxrcEdi.
ture for ass,ssmvut and recognizes the uhga.
tons Of thv District to continue the work OF re-
placing tEe dec lycd wool pavement, Es hereto.
fore without additional essc''ment for the zane.
| ~iXth. Where the actual Uust OF the wCrk of i'm.
TON emc:t varies greatly a. different points Of the
!lC, whereas the bcucht derived by each Jrcpcrty
II substantially the same, IN equalization q the
assessment win bC made 30 farus possible as follows:
il the case of sever. where the Sire, and conse.
TueniIy the cost increases continuously in the di.
oftEe area druined Willie he uniform bcncht on
tie line Of the sewer Is substantially the same In
each eGse' - much only Of The c0st Of tue sewer
Construct t'tcen-inCh p.Ie.sewcr, This cUst
will Dc distributed pro rata upon the line Of prop
criy adjacent 70 the scwCr and hcnc:i;ed by It, In
The cGse OF heavy grading and OF long haul OF
y both which may have ben Assessed between ar
Eiinry Limits along the line Of ti.e improvement
the amount VI grading ~ he assessed Will he rc'
| dHvcd t. an average Of two feet In depth fol
? the entire width OF Tie street or avenue between
the building l.rcs, with such reasonable haul R'
=, may have been necessary to reach the nearest
suitable place Gfdepnsit and the coz, Of gra'lias st
N Ge 9,S't %ck GS G ,SG %%ts aEn9' Tas nS ia'
/. | Where Matur!6, eNCHVa,Cd upon one street ri
avenue j. hauci 70 another fG[ the purpose Of MI!
). | gTI.l!ng and haul viii be deducted from the for
Q lncr and charged TO the latter within the limit,
between which i was used subject, however tc
the limitation hcreinbcflrc made Is 20 the maxi
i mum cust Of gralins and haul IN be assessed In
5, any Gaze;
= on account Of work done by private parties undei
y permits from the Board Of Public Works pursuant
Is 10 the order Of the board dated November = 1873
and slso on account OF old material appropriated
I, by the District When the caiTns in either cas-
u u have been acted upon Gy the Board Of Audit, II
It 10 ia and acceIdci BY The parties Interested Ii;
r. decision Of that board shall he held to be final Gnt
~ Scici uIoT by the Board Of Audit drawbacks vii
be allowed as follows In case OF permit work
Is strictly II accordance with the conirat; c1Pressedo
n implied L., the terms Of the permit; IN the case
/, claims for old material they will be allowed at til,
: rates established by the Commissioners. as follows
IS viz: Price OF old mStcrial-Bricl pavement pc
70 square yari 49, cents; curb f,e.inch and under
% pcrlnea foot +JCents cur siS'ich, per Inca! foot
% cents; cybLiestone, per square yard % cents
blue rock pavement per square yErtl, 10 cents
Belgian block pavement per square yard, q cents
OF Al sGcl other higher rates as iaay have been re
Eighth Special exemptions from the application
!. Of tie y,ur raj rules Of assessment will be made n
4. follows viz In the case Of coner lots assessed fy
longer Side will LceSCmpted nom seweras,essmcIt
Of Whenever the !u,.rsecOn Of streets or avenues pro
iuces lot having acu:e angles OF excessive front
age In proportion To the area available for building
purposes, i deduction from the uniform rate Of rs
Sa w &c %"TSa Wa %po e efs3;fSsnS9 3 svoSy By 11 NJ
b lots Uf tie tract Ia question: httcsted by the sur
vcyOr Of the D!'rid Of C"lum. IA a, being Of recoT
In his C:tce. and accompanied by ihe aihdavt 2
tie owner Of the properly that such subdivision
designated BY hIA 10 De lcrmhicni and is not mad
nc for any other purpose. LLch case ot THIS klnd vii
he separately acted upon by the Commissioner;
"a and viii be decided Ia conformity with the princl
a. p!cV that The rate OF special assessments should b
! made rs uniformly W Practicable In proportion
De The bvnviit derived nom the Improvement
j. Ninth In conformity with the opinion Of N
Ia Attorney Of the district Of Columbia street ruwa
!, COuln!Ic. wI!l he assessed for their pTOpIrliDua
- | IaTl ui spcCial improvements IN GCcOfdAlcc Wit
y The following principles, viz: y. II the improve
: E.cnt Was mace before the company was inCOrpC
At rated there can be no liability on the part Of In
IN company except to restore the street 10 rs good
- condition amer their track l. completed as II WI
before 2. II tle Improvement wGs made alter III
act Of incorporation was paced, Gut before III
company was formed aud the charter accepted, II
| liability would attach TO the company other tLg
above stated 3. II the improvement was mud
AFTER the company had been OTgauiZcd and II
charter accepted. the company wOltId be liable fo
H. the eXpel.sp Oi the paving on the roadway MheihG
ct it, track wAs lG uf not W the time tile paving wa
n done And for this reason Congress cannot, b
the mere passage Ui All act Of Incorporation, in
vi pose any legal obligation upon the corpOiA"r
e sU,E all act IL mere PROPOSITION OF Oicr, 10 l.
III accepted uT rejected ut tie Op,lOn Of c cOTln
-, ratufs UEti. accepted II binds no one aud ca
" render no ono liable. Bai when the charter is &C
nc CeI.d IIOse tuylu!ng the company secure 10 them
a. scNss certain valuable Rights md franchise tia
N. cannot uv taken IOm them, aud come under Gel
n tain obligations from which they cannot csCHIt
r. No IeTsUn could prevent their laying down 'lei
cd tTArs Rna operating thciI roads III the kuecs pr
he scrlbcd by then chtes, but these rights are II
bC VCIvod by item Only on condition that they Ic
in form certain dut!es on their part among them ~
A. paying iur tie paving referred 10. Nc.ny o
~. iLCiT part 10 put down their tTUrks gould not !
IN any way affect their liability. Their rights Az