St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-05-11

ton, If you desire us to make the improve
ment. Yeas g, nays 0.
WILLIAM BARRETT, President.
r. L. GoRMAN, Clerk Board Public Works,
May 5, 1886.
Adopted. (See order to Board of Public
Works.
Slopes on Goodrich Avenue
10 the Common Council of the City of st.
| Paul:
| The Board of Public Works have had
under consideration the resolution or order
OF the Common Council, approved pril %,
1886, relative to the condemning and taking
an easement on the land along the line of
Goodrich avenue, from Dale street to
Lexington avenue, and having investi-
gated the proposed improvement, re-
specially report that said Improvement
is necessary and proper, in grading Good
| rich avenue, from Dale street to Lexington
avenue, extending said slopes one and one
half feet on said land for every
foot cut or filled on said Goodrich
avenue in said grading; that the esti-
mated expense thereof is So, 600; that
real estate to be assessed therefor can be
found benefited to the extent of the damages,
! costs and expenses necessary to be incurred
thereby; that said improvement is not asked
for by petition Of a majority of the own
erS OF property to be assessed therefor, but
we herewith send plan or profile of said
Improvement and all order for your adop-
ton, il you desire us to make the improve
ment. Yeas 6, nays o.
WILLIAM BARRETT. President.
| X L., GnpAfAN ri lin w.
May 5, 1886.
Adopted. (See order to Board OF Public
Works.)
Also,
Broadway Street Opening
10 the Honorable the President and Mem
bers Of the Common Council of the CITY
of st. Paul, Minnesota:
| GENTLEMEN: The final order of the Com
mon Council for the opening of Broadway
street, from Grove street to Thirteenth
(l3th) street, approved April 90 1886, to-
gether with the report of the Committee
on Streets relating to the same matter,
adopted by the Council at its meeting April
n, 1856. are respectfully returned to the
Council for an unqualified and uncondi-
tional final order, if your honorable body
are still of the opinion that this improve
ment 1.-THE opening of Broadway should
be made.
Final orders of the Common Council to
this Board, directing any local improve
ment to be made for which an assessment
must be made to defray the cost thereof,
are jurisdictional, and. should be clear,
definite, certain, unqualified and uncondi-
tional.
April 10, 1886, this Board reported to the
Council that the proposed opening OF
| Broadway between the streets above
named was necessary and proper, with
proper answers to the usual formal ques-
| lions submitted by the Council to the
Board in the preliminary orders of the
Council, and transmitted Herewith the
proper final order for the opening of said
street.
The report of this Board was re-
fened by the Council to the Com
| mittee on Streets who made re-
port in writing to the Council, copy of
which is hereto attached, which was
| adopted by the Council, yeas Is. nays /,
after which, and as part of the same
| act, the report of this Board of April 49,,
1886, above referred to, was also adopted
by the Council, yeas Is, nays 1, as more
fully appears from the printed proceedings
| of the Council meeting of April 81, 1856.
From these proceedings of the Council. il
| would seem that the action of the Council
| in passing the final order for the opening of
Broadway was based upon this report of
the Committee on Streets, and that the
| Council may have acted upon the presump-
ton that this Board would be influenced, if
not actually controlled, by the recommend
alton OF your committee. in determining the
limits of the assessment district within
which the property should and would be
assessed for benefits to defray the expense
of the damages and costs to be incurred bv
the opening of said street, and it would also
seem to be a fair inference that the Council
might not have ordered said improvement
to be made, had not the order been accom-
panied by the report of your committee
previously adopted, with the implied under
standing that this Board would be governed
by the recommendation of your committee
The provisions of the City Charter defin-
ing the powers and duties of the Board Of
Public Works, as interpreted by the SUI
preme Court of this state, i'll the case of The
State of Minnesota ex rel. John w. Gun
| ningham against the Board of Public
Works of the City of st. Paul, 81 Mime
sofa, Reports 49, makes this Board the
sole judges of the question of benefits, and
upon this question its judgment is final
and conclusive, and cannot be reviewed by
| the district court or any other tribunal.
unless shown to be fraudulent in fact. OF
unless it is made up upon demonstrable
mistake of fact"
The Board believe that this report of your
committee, adopted by the Council prior to
the passage of the final order directing said
Improvement to be made, and in point OF
time, coupled with it 1.-THE passage of said
final order) is in the nature of, if not in
fact, condition to said final order
approved April 80, 1886.
! If the Board are right in this belief. it
would, in their opinion, be unsafe. not to
say dangerous, to proceed to open Broad
way under the order approved April 80.
| 1886.
There are several persons who are, if not
actually opposed to the opening of Broad
way, opposed to being assessed any sum
whatever as benefits for said opening.
Some of these persons have already en-
ployed attorneys to protect their interests,
and it may be safely assumed that they will
closely watch the proceedings of the Council
and the Board and that they will certainly
| and quickly take advantage of any juris-
| dictiOnal questions left open to them.
The Board would respectfully suggest
! that no opportunity be given to any one to
oSiOao VI O'Oh uCidy luiS
| when it may be easily avoided, and would
therefore respectfully request your honora-
| BILE body to send to the Board a new final
order, without condition, qualification, or
recommendation, if it is still the wish of the
| Council that this improvement shall be
made. Yeas 6, nays 0.
WILLIAM BARRETT, President.
Official:
r. l.. GoRMAN, Clerk Board Public Works.
May 5, 1886.
Referred to Aid. johnson and Dowlan.
Also.
Dayton Avenue Sprnkling Contract
The Board report that they have awarded
Carl Bahr the contract for sprnklng
Dayton avenue, between Third and Arundel
streets, he being the lowest reliable and
responsible bidder therefor. Amount of
bid, $675; bond i'll the sum of $500, with
A. w. Schwabe and Henry Justus as
suretieS.
Award approved by the following vote.