Omaha daily bee., 1895-10-06
WANT CITY TO TEAR IT UP
Citizens Dissatisfied with the Paving on
North Twentieth Street.
GO INTO COURT KICKING ON TAXES
Declare IL Was n had Job in Every
Why with violation of stipula-
lions and Hardship to
Property Owner

The dissatisfaction Of the property owners
along North Twentieth street over the paw.
ing Of that street has again been expressed
in the district court by the filing of an
amended petition in the suit that was brought
against the city about a year ago, and which
has been dragging along without results since
that time.
1t is alleged by the property owners, who
are some twenty in number, that the or
dirance passed by the council which author
lied the paving Of North Twentieth street,
provided that the paving material should be
Galesburg vitrifed brick, or some other
brick that was equal or superior to that
material. Despite the passage of the resolu-
ton, 1t is alleged that the street was not
paved with good brick, but with material
mat was practically worthless. The brick
laiu In the street is already beginning to
crumole, and 1t is the opinion Of the prop
erty owners THAT in a comparatively short
impossible.
III is furthermore alleged that after the
passage OF the ordinance authorizing the paw
ing and before the paving was begun, the
Council passed a resolution requiring sewer
and water connections with the adjacent
residences to be made. The city failed to
see mat this was done. and 1t is said that
mere were very few IL any connections made,
those that are in having been put in before
the passage Of the resolution.
ABOUT two-thirds of the residents along the
street are DESTROYS Of having water and sewer
connexions with the mains, but they find 1t
Impossible to put them in without tearing
up the street, which it Is asserted would
DO irreparable damage, not only to the street.
put also to the adjoining property. Conse-
quehtiy, ana especially as the street was not
paved with the material that the property
owners asked for, the petitioners now ask
that the courts order the city to tear IN the
pavement In order to allow connections with
mans to be made, and also order the city
TO repave the street with the ma
terial asked for by the propertv
owners. Galesburg vitrifed brick or its equiv
alent or superior.
The property owners are also kicking very
vigorously against paying the special tax
mat was assessed for the paving and want
County Treasurer Trey enjoined from adver-
Using their property for sale for the taxes,
on the grounds that they should be declared
null and void because they are not only ex-
~cessive, but also because the paving for which
they were assessed was not such as the own
ers asked for.
The actual cost of the paving Is stated to
have been $31 1896, whereas the taxes assessed
against the property amount to 1872, SSS. This
makes the excess taxation almost 81, 900.
Moreover, 1t is claimed that fully one-ffth
OF the taxes should be assessed against the
street railway company for the paving be-
tween and alongside the rails which extend
along the entire length of the street. With
such arguments in their favor the property
owners declare that they have a most decided
right to ask that the special tax be declared
void.
To ~forestall the point that they had an op-
portunity to protest against the tax, If ex-
cessive, and before the Board of Equalization,
they allege that they were never given notice
when the board would sit. They have since
found that the sitting Of the board was ad-
vertised in the newspapers, but they assert
that they should have been s~everally notified.
The suit will be fought hard, although the
position of the city has not been outlined as
yet. When the original petition was filed
the city attorney demurred, on the grounds
that it did not offer sufficient grounds for
action, and since that time no other filings
have been made.