The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-02-12
THE BRINKLEY BILL
AFoR THE IMPROVEMENT OF THE
C1TY's STREETS.
Tho Improvement District Plan Care
fully Worked out-The System Which
Has Been So Successful in Chicago,
st. Louis, Baltimore and Elsewhere.

ested in the provisions of the following
bill for the improvement OF the streets OF
Memphis. 1t is the Improvement Dis
trict'' plan as carefully thought by Mr..
Hugh L. Brinkey, who has given the sub
ject thorough study, and who has consid-
cred with great advantage the work of
Prot Ely, OF Johns Hopkins University
on System of Taxation in American
States and Cities" Prof. Ely being iavora-
bic to the plan. 1t is this scheme OF street
improvement which has been so success
full in Chicago, Baltimore, st. Paul. Omaha
and st. Louis. The bill has been drawn
by Judge Croft and Mr.. Turley, OF the
Memphis bar, and il will be submitted to
the Legislature today or tomorrow:
An act to amend an act passed January 90 1872
entitled. IAN act TO establish Taxing Districts IN
the State, and t. provide the means of local
government for the same" and the acts amend.
atory thereto, 80 as 10 provide for the establish.
ment OF Improvement Districts" within such
Taxing Districts tocouNunct payenents sewers
etc.. and TO authorize said taxing districts 10
levy and collect taxes for the same.
Section /. BE it enacted by the General
Assembly OF the State OF Tennessee, That
in all Taxing Districts organized under
the provisions OF the act OF 1879 facts OF
1879 ch. Nj and the acts amendatory
thereof the whole or designated portions
OF the territory embraced therein, shall
- constitute one or more Improvement
Districts, for the purpose OF grading, paw
ing and otherwise improving streets and al
leys, constructing sewers and making any
local improvements o. a public nature
when so declared in the manner herein
after set out. And such Taxing Districts
are hereby authorized and empowered,
any provision Of former law to the con-
trary Notwithstanding, TO levy, assess and
collect taxes, in the manner, TO the extent,
and for the purposes hereinafter provided,
but not further or otherwise in carrying
out the provisions of this act.
Section 2. BE il further enacted, That
whenever any ten resident owners OF real
property in any such Taxing District shall
petition the Legislative Council of such
Taxing District 10 take steps toward the
making oil any such local improvement, il
shall be the duty OF the said Council 10
lay of ut once the portion OF such Taxing
District to be affected locally. by such dc.
sired improvement, and designate il 10y
boundaries, number and the object OF the
improvement proposed. Provided, That
such Council shall first vote upon ond ap-
prove the object proposed by such petit
ton, as TO it's timeliness and feasibility,
and also fix the practical details OF the inn
proyemcnt, rs 90 time and mode OF execu.
ton, material TO be used, the maximum
cost thereof and the terms Of payment
therefor
Section .. Re il further enacted, That
whenever the Legislative Council shall, in
accordance with Section Of this act, des-
ignate an Improvement District" the
Il. IA %.
nance designating II, in one or more Of the
newspapers published in said Taxing Dis.
irict Tor one insertion. II within three
months after the publication Of such
order or ordinance majority in
value, rs then assessed. Of the
owners OF real property within the dis.
trict 20 designated, shall prcscu, to the
council petition praying that such inn
provemcnt, ~ set out IN such order ur
ordinance, or with such change. or amend.
- menls as such properly owners may, in
such petition, suggest. be made. and that
two.thirds oi .he cost thereof be assessed
and charged upon the real property in
such improvement district, the said Leg.
islatiyu Council shall, at us first meeting
thereafter, act upon the said petition, and
approve or disapprpye auy change OF
amendments ~ may have been suggested
rs Aforesaid. II they approve, then such
suggestions or amendments shall be-, by
force Of such approval, Incorporated into
the original order OF ordinance. II they
are disapproyci, the matter shall 90 no
further unless such petitioners shall choose
10 present another petition conforming TO
the views Of the council. When the coun.
ell shall approve, Il shall proceed at once
10 ascertain the estimated cost Of the i'm.
proyemcnt, aud shall, by orli-
nance, assess two.thirds Of such
cost upon the real property In
such Improvement district, assessing
each parcel Of real property nc.
cording TO its value, ~ shown by the last
county assessment II the estimated cost
OF the improvement shall exceed per
cenium VI the assessed value oi the real
property aforesaid, then Il shall be pro.
vidcd by ordinance that the assessment
shall be- paid In successive annual install.
mcnts, 20 that no assessment shall. In ans
one year, exceed per ccntum OF the a..
scsscd value Of said real property from
such particular improvements. Provided.
that no single Improvement shall be- uu.
dcrtnkyn which alone will exceed In cost
per ccntum II the value oi such real
property la such improvement District
The ordinance contemplated may b. In
the following form.
"Whcrcas. Tho majority IN yaluc Of the
owners oi raj property In Improvement
District No =. organized lor The purpuse
OF --. have pcttioncd the Legislative
Council Of The Taxing District of ----H.
for the construction Of such improvement
and that tWo.lhirds Of the cost thereof
should be assessed upon the real property
Of such improvement District: and
whereas, the estimated cost oi said len.
pfoycmcut h -, amounting 10 a= Der
ccntum Of the Assessed value u the said
real property, therefore u IL nov Ordered
by the said Council that al thc real prop
orty situated Ia said improvement District
No =, be- assessed at The rate Of - per
Antum upon the dollar Of the asscsscd val.
uation ~ the same appears by the assess.
mcnt made 10y The Assessor Oi this county
iuihc last county assessment, which a.
sSemcni shall be- paid ~ other taxes o
said Taxing District are paid. M that mol
more than ! per cCnium upon thc dollar o
the assessed value Ol said real property
shall BE- paid In any one year" Aud sucl
assessment shall b. a charge against, and
lien on, the lands named therein from
the date oi said ordinance.
Section T. Ic Il further enacted, Tha
within i've DAYS after the passage Of th,
ordinance mentioned in the latter part %
the preceding section 81 this act the score
tary shall publish n copy of u. one timc
in some newspaper published in ihc sai,
Taxing District. and any one who MAJ