The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-01
INTO ANOTHER TANGLE
THE PARK BOARD MAY HAVE TO
FAKE THE kirkland TRACT.
Claimed that 1t Was Purchased-The
Entire System OF Assessments
to Be Modified.

1Co0R cL ~ 1CG VI 4cAAAA %Ao
lend estate, on West Washington street,
the Marion Trust Company, administrator
of the estate, agreeing to accept the APP
praised price, $1,000. At the meeting of the
beard last Tuesday, after deciding to buy
the river front section of the Fall creek
park system, the board, on motion of Mr..
ClaypooI, decided to rescind its former ac-
ton and voted to withdraw from the Kir-
land purchase. The complication in which
the board is now involved resulted from this
motion to rescind.
Yesterday afternoon NJ. O'Connor, presi-
dent, and Henry Kothe. second vice presi-
dent Of the trust company, appeared before
the board to object to its determination not
to purchase the tract. Mr.. O'Connor in
formed the board that his company, pro-
ceeding on the theory that the land had
been purchased by the city, had ceased fur
ther efforts to sell the property, and that
a bargain had been made for the removal
of the brick house standing OF it. If the
parties who bought the house insisted on
their contract the property would be
greatly damaged. He thought that the
board ought to reconsider it's action. Mr..
Kothe also urged that the agreement be
carried out. He insisted that the city was
bound by the action of the board. He said
that without going into legal questions
there was no doubt that the city had pur-
chased the ground. After the resolution of
the board the For Sale sign had been
taken down by the city's agents and the
park engineer had made a survey of the
ground. Park Engineer Power said he
knew nothing about the sign having been
taken down., but admitted that he had made
a survey under the direction of the board.
Roth NToccrc O,C0nonr and Tyo+lo uyorn
moderate in their talk, but gave the board
to understand that the trust company
would insist that the property belonged to
the city and must be paid for. The matter
had proceeded so far thai the papers had
been prepared for the approval of the sale
by the Circuit Court. 1t seems that the
trust company was never formally notified
that the board had bought the property.
Mr.. Kothe, however, was present when the
motion was made and passed, and had per-
sonal cogniZance of the facts. The trust
company had originally appraised the
property at $4,000, but obtained an order
for it's reappraisement at the price fixed by
the park asseSSorS-$8,0 coo. He said that he
did not understand why the city should not
be held to it's contracts the same as a pri-
Vate individual.
Commissioner Perry asked what the dam
ages would amount TO If the sale were not
Mr.. Kothe was guarded in his reply, stat
ing that he had not investigated the sub
ject.
President Claypool seemed disposed to let
the matter go over until the board found
whether 1t had enough money to go round
and buy the other land as we'll as the Fall
creek tract. Mr.. Kothe objected to this,
saying that the trust could not be held open
indefinitely to wait for a decision of the
board. Commissioner Perry asked if the
trust company assumed the position that the
city had once bought the ground and was
now trying to back out. Mr.. Hottie replied
with q smile, THAT is just our position ex-
actly."
President Claypool said that he supposed
the best thing for the board to do was to
refer the subject to City Attorney Curtis to
decide whether the board was liable to buy
the ground. This plan was adopted. and
next meeting. President Mcguire, of the
Board of Safety, added a few words to
what had been said on this subject, re-
marking that an injustice would be done to
as another offer for the land had been re-
jected on the theory that the ground had
been sold to the city.
A delegation of citizens of the northeast
side urged the board to purchase the one
hundred-acre tract east of Rural street in
connection with the Pogue's run chain of
parks. The board expressed a Willingness
to accommodate everybody if there were
only enough money.
MODIFIED ASSESSMENTS.
Secretary Spencer said, while the board
was uISCuSSlHS Ine SUBJECT OF the reap
praisement of the bottom lands along
White river, that Judge Allen, of the Circuit
Court, had asked whether the assessments
of the entire system would not be modified
by the change in the modification of the
plans Of the board. Mr.. Holt and Mr..
English thought that this was a question
that ought to receive careful attention. City
Attorney Curtis said that it might come
up in cases all along, and tha TO save any
question he had no doubt the appraisers
had better make an entirely new assess
ment. The amount of ber efitS assessed
would doubtless be larger if a big park
were made than If a small one was chosen.
The board therefore decided to have the
assessors modify their roll in accordance
with the change in the plans. The entry is
being prepared and will be presented to
the Circuit Court today, when the APP
meeting yesterday and urged to complete
their work as soon as possible, in order
that the legal advertisements may be made
The city attorney said, in answer to a
question from Mr.. Holt, that as soon as the
final assessment roll was approved BY the
court and the money for the purchase of
land is paid into court, where the parties
refuse to accept the assessed price, that the
board came into immediate possession of
the lands and could proceed with the i'm
provements.
"You might have the parks completed and
forest trees growing before the courts
finally decided the questions of law"
said he.
Engineer Power was therefore instructed
to begin his plans for the river levee and
the Fall creek driveway at once. The board
is anxious to spend some of the money at
it's disposal. and wants to be ready TO put
a large force of men at work before the
summer is far advanced. Mr.. Power said
that the surveys and plans for any section
of the Fall creek system could be made in
q couple of weeks. He was authorized to
go to work at once. 1t is likely that not
much work will be done before the middle
of June, however.
II. Dean, protesting against the boards
proposition to begin condemnation proceed.
ings with reference to the Madison-avenu
tract, containing ITO acres. Mr.. Dean
said that TO take the property at the APP
praised figure would mean it's confscation.
He objected to selling the property at the
price it is listed for taxation. He offered to
sell for $4,000. 1t is assessed at $12. 600. In
his letter Mr.. Dean said that the board
was being misled by the assessors. Mr..
Coffin. one of the assessors. said that in
the Dean case, as in others. the point of
disagreement had been with reference to
improvements. There was an old home
stead house on the Dean property which
had been their home for years and rthich
they regarded as valuable. which was prac-
tically worthless so far as the board was
concerned. The board decided TO wait until
Mr.. Lieber could bee present before hasten
ing the condemnation proceedings. If the
board is compelled to take the Kirland
property it may be that it will drop the
Dean tract.
NUVEUT AExUr u - Il" mr.