The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-11-25
HE BROADWAY GRADING.
Ordinance Necessary to Carry
Out tho Wishes Of the
Petitioners.
Inevitable Rock Crushos
Looms Up Again Ia the
!. Council

wners Of Tall Buildings Object to Put
ting Up Fire Escapss - Other
BUSINESS Transacted.
AZ last nights mssting Of the city CONN
Aldermen Morris, Harrity and Hiss ner.
. committee on judiciary, who had In
arae the matter of grading Broadway.
ads the following report which was con-
rrsd in BY City Attorney Craven;
Absorbing TO the report OF tho city
ginssr there 10 total frontage On both
les OF Broadway from Main street to
on.ana ven of 1O,O03.22 feet, Of which
E47.62 feet are the frontage Of the city on
tsrasctiRR streets; 5.275 feet are repre-
ntsd on the petition, 30 that the petition
signed by those representing = majority
the front feet to be taxed. The rstition
hich forms tho Jurisdiction tor the entire
o~ceeding, estimates the cost Of grading
Foadway proper ut $12.800; your engineer
solcses in his report that ii will cost
8. 296, and also shows that the grading of
roadway proper will necsssitats expense
AAt0AUVoNAAX OuEOcsb 4lAlO0AulAAk 4AbO
|, 4O6.EO. The above estimates OF
. city engineer do not include costs
relaying water and gas pipes
II broken connections. Your oom-
ittes has no means Of knowing what the
Psts Of these items not included would bs.
I'D 1t il understood, Of course, that the
Pove estimates do not include any cost In
laying Of walks, rebuilding of retaining
Ills. or construction Of steps leading MP
Or down to lots of Of grade on Broad
y and interesting streets. Whether this
rye expense OF side streets was contem-
atsd by those who signed tho petition for
9 grading Of Broadway proper, We have
means Of knowing. However. tho esti-
ated cost Of Broadway proper not differing
rgely from the estimate set in tho petit
Dn and the actual cost of Broadway proper
ing the amount which it is proposed to
Use by assessment, We think the matter Of
cidental expense on side streets affords
legal obstacle to the granting of the Pc
dress itself to the discretion of tho eoun-
! in determining whether or no the work
Guild be undertaken as a business plopo-
tlON IOr tu0 lub6T6bt6 OF tA0 ClGys HG q a%i
Your committee beg leave to make the
flowing suggestions in case it be deter
ined to proceed with the work: The city
Earter provides, The city council shall
i've power by ordinance to levy and collect
special tax on the holders OF lots on any
rect, lane, venue or alley according to
cir respective fronts, or according TO the
Inehts to said property for the purpose Of
aiding, paving etc. page ~, Revised
F~dinancss, 1s9o.) BY virtue Of this provi-
on the ordinance commencing on page
8 of revised ordinance was passed, pro-
ding q mode of procedure ~ for cases
here the assessment was made according
the frontags, and (2) for cases where the
Pseasment is made according to the bene-
ne cost OF said grading be assesssd to the
Fopsrties facing on said Broadway pro
ia according to the frontage. We the I'M
brsiRfeo agree to pay our pro rata SHARE
10 evident that if you grant the petition,
bu must assess the cost pro rata according
the frontage. But your pres
II ordinance above referred to
bsessnent according to frontage, seems
contemplate that the individual owner
hall be notified to do the work in front of
y own lot or lots, and in case he fails to
b the work, then it ia to be done by con-
act, and only the actual cost of the work
front of his property be assessed to him..
+ other words you could make no pro rata
assessment according to the frontage. And
the frontagt from Main street to War
pa, whore the cut begins would be free of
Fssssment, while the property from War
IN east, past the court house and beyond
odney, taking IT. the crown of the hill at
Ills end of the work, would be liable for
10 large portion Of the cost of the entire
ork. Property already on grade would
H. tA vSnhlA - hi Nunn yr~A A~~A NrH - - III
the petitioners, nor il this condition
bcesaarily implied in the charter.
ut will be necessary, therefore, if you
foceed, to pass a new ordinance acc0mmo-
Ated to the conditions of the petition and
be Justice of the case. As it was not nee
Bsary to have passed any general ordin-
nces at all, in cases of this kind, and as it
tdinance for each incoming petition, so
ing as all ordinances were within the
DIVERS granted by the charter, SO ws take
that a special ordinance may be passed
this time to enforce a petition whioh tho
bneral ordinance evidently does not con-
mDlate ana for the enforcement of which
docs not provide. There are many par
culars in the new ordinance which will
kmand your careful attention. Your pres
ut ordinance provides hat as soon as the
ork il Done In front of each lot a ~certifi-
Rte of actual cost of said work shall be
ven to the contractor, and in this way he
fceivss his pay rs the work progresses, as
BON az the respective assessments are paid
by the owners.
A to the work under consideration it is
kident that there can be no definite assess-
ent until the whole work be completed, |
bless the contract be let as an entirety,
10 contractor anticipating all changes and
ktrA work - il is presented in the actual
peration. As the contractor will want to
bow whether it is to be paid by the city,
10 city collecting the special assessment
fom the lot owners, or whether be must
Ppend upon the collection of tho asBess-
ents for his pay az now provided ia the
Pnerxl ordinances, and also the time and
anner OF payment in general-all these
brticulars with numerous others should be
titled by the council in connection with
10 new ordinance suggested"
Aftor some discussion the committees
bport WAS adopted. The subject was ac-
brdinRiy referred to the ordinance COM
|itte0, with instructions to draft and sub
lit the proper ordinance.
The rock crusher, which has turned out
! be q big bono OF contention ever since
has been in town, caused another discus
on last night. The committee on streets
hd alleys reported that. a. the
usher had to be moved from its present
esition, the best place to put it was on
levonth avenue, where there was a guam
ny OF small stone ready for the hopper.
(lderMen Weber and Hanley. a minority
the committee. wanted the crusher put
the Highland street quarry. Alderman
wanted it on Catholic hill. Alder
An lIissner protested against the expense
Mt rpn.IIV 1, ArA.s1-l .Al-.A. H. tys.l.M |