Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-02-18
MUNICIPAL MATTERS.
THE CITY CANNOT PAY FOR GRAD
ING STREET INTERSECTIONS.
Unsafe Awnings Must Come Down
Street improvements Ordered
and Others Delayed.

pumped, the Holly pump being in opera
ton IS hours and the Stevens pump p
hours.
Lincoln White appeared before the Board
and presented claim for $26 for Miner &
Hazard for injuries sustained by horse
belonging to them. The animal stepped
into sewer on Eighth street, between O
and ?, and so strained its limbs that it was
unfit for use for some time. Mayor Greg
ory said he thought the matter should be
referred to the Street Commissioner, and it
was so ordered.
]. 7. Barron asked the Board if it could
not postpone the grading of the alIey be-
tween Second and Third. L and NJ streets
He was willing that the alley should be
improved, bat wanted the work delayed
until the bad weather was over.
Trustee Mclaughlin stated that he did
not intend to have anything done to the
alley tor some time, and this was satisfac
tory to Mr.. Barron.
The matter of appointing a temporary
Pound-keeper until the regular
election, was referred to Trustee McLaugh-
lin.
Mayor Gregory stated that the lease on
lAC kluOAAO OAOCh DOuuQcQ DN Fifteenth and
Sixteenth, ? and @ streets, would expire in
March, and he wished to know if it was
the desire of the other members of the Board
to again lease the property as a cow
pasture.
Trustee Wolf thought a public play
ground should be made of the square, so
that children of the neighborhood could
play there, instead of on the streets.
The other members of the Board agreed
with Mr.. Wolf, and playground will
probably he made on the block.
The Mayor also stated that a colored
woman named Mrs Robinson wished to
lease a part of public block on B street,
between Seventh and Eighth, but it was
the sense-of the Board that the property
should not be let out.
The Mayor called the attention of the
Board to the fact that the ordinance relat.
ing to the rights of the Poundmaster was
so worded that he had the privilege of
going into yard or house and taking
dog which did not have tag. 1t was or
dered that the City Attorney amend the
ordinance or draw up new one.
On reference to the minutes of the Clerk,
1t was ascertained that the matter as to
whether grocer Schaden should pay back
to the city the amount Of his overcharges
had not been referred to the City Attorney.
After learning that the matter had not been
SO referred, the Board resolved to do so and
get his opinion.
The following opinion was rendered by
the City Attorney, and is of interest to all
citizens concerned in the Improvement of
the streets Of the city:
have given the two questions concerning
street improvements referred 10 me q hasty ex-
animation, as you desire an immediate answer.
First-HOw far can the Trustees compel the
improvement of streets? The general law gov
erns this-see Sections II, Part l, Statutes of
1854 50, commonly known as the NroOman Act;
and Act OF March 6, 1889. Statutes of 1882 page
20. These laws you are familiar with in gen.
eral way, because you work under them every
day And the exception IS to detached portions
ofimproyed streets aud alleys is plain-see Sec
ton 3, page 149, Statutes of 1Ss4-S5. 1t mesns
that when not more THAI two blocks remain I'M
graded between one or more blocks on each
SIDE thereof, which have been graded, the
Trustees may compel that part of said street or
alley remaining ungraded, not exceeding two
bl0czs, to be graded and improved, notwith-
standing the objections of property owners. The
object of the law is to compel the improvement
OF streets and alleys, but not OF more than two
blocks in length, lying between improved
pieces of property. Thus, there might be a
hundred patches of improved streets and alleys
in various portions of the city, each piece con-
tanning several blocks. but having one or two
unimproYed blocks between each piece. The
Trustees could compel property owners to i'm
prove these scattering lines of streets snd alleys
because it would be for the public benefit to do
streets and alleys all over the improved terri
tory. But because Front, Second, Third and
Twenty-ninih, Thirtieth and Thirty-frst streets
are improved the Trustees could not compel the
Improvement of J, and between Third and
Twenty-ninth And the Act of March 6, 1884,
does not give the Trustees power to force i'm
provements in every direction. This power is
limited to two blocks, above described and
the rights of property owners cannot further be
infringed upon.
Second-The Trustees have no power to lay a
NM q tTb fOr he Of
proving intersections of streets. The idea of the
law is that street. work shall be assessed to prop
erty owners, and that the cost of improving
street intersections shall be assessed upon the
four quarter blocks adjoining and eornering
upon the crossings according to subdivisions 5,
as. and 7, Of Section 7, Part l, of Act of March
IS ISS5-see Statutes of 1875, page l52; see, also,
Article y, Section 50 of Charter. To adopt
different rule would be bad policy, and it would
establish bad precedent. The increased priv
ileges and advantages of corner lots ought to
carry the slight increase OF taxation for the i'm
proYement Of such lots.
DIR. f. NJ Shields, of the Improvement
Association, appeared before the Board and
spoke on the subject of street improve
ment at some length.
Another citizen also made some sugges-
tons on the subject, aud the Board prom
ised both gentlemen that they would con-
slider their propositions.
Mayor Gregory called the attention of
Sanitary and Building Inspector Starr TO
some ricksty awnings on the main streets
in the city.
Mr. Starr stated that every one of the dan
gerous structures had been condemned, and
the only way he saw 10 remove them was
to order carpenter to pull them down.
The Board agreed with Mr.. Starr, and
authorized him to remove the condemned
awnings if the property-owners refused to
do SO.
JIM. Avery ssked permission to con-
struct wooden platform near Sixth and G
streets so that he could load and unload
goods more conveniently. His request was
referred to the Street Commissioner, with
power to act.
A resolution was passed ordering the al
ley between J and K, from Third to Fourth
streets, to be graded and paved with granite
blocks.
Petitions were received by the Board
recommending August Stoltz and James
Cousins for the position of Poundmaster.
They were ordered on file.
J. D. Jost, On behalf of the Council of
Federated Trades, asked the Board to
recommend Durham Sprsgue for Superin-
tendent OF the new Posteffice building.
Mayor Gregory informed him that the
Board, as a body, could not indorse Mr..
Sprague, slthough the individual members
might favor him for the place.
Recess till 1850 P. NJ.
AFTERNOON SESSION.
At the afternoon session of the Board
large DELEGATION of property owners on
street appeared, at the Boards request to
explain why they had demonstrated against
the improvement of that street, from Thir-
teenlh to Txsnty-first street.
T. C. Atkinson explained thst the objec-
ton to improving the street at present was
the great expense heretofore incurred by
grading. Property-owners desired to know
what street grading was going to cost them.
There is no agreement and no contract to
go by. Tee property-owners preferred 10
wait while, in the hope that company
may be organized to do such work at fair
price. He wanted to know in advance
what kind CT work was to be done snd
what the expense was to be, before he con-
scented to being assessed.
Others of the delegation expressed sim
liar views.
Mayor Gregory read an estimate fur
nished by City Surveyor Pierson showing
that the expense per front foot would be
81 81, and 265 cents for intersections.