Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-07-28
BUILD A NEW SEWER.
YaE COUNCIL MUST ENDORSE THEM.
They Exceed Their Authority, But
Believe the Emergency warrants
It-statements OF City omcers-As-
ssssment Ordinance Introduced.


ing the vexed question OF the assessment
OF abutting property owners for sewer:
and other improvements. The question
OF the hour with this body. however, II
the calamity at the Gallego Mills. and
much the greater part Of the session was
occupied with that matter, the ordinance
as to the assessments being promptly dis
posed OF. on a motion that 1t should be
printed, and its consideration postponed
until the August meeting.
AS to the sewer question, the committee
decided to assume all risks in ordering the
old sewer closed and new one built
| along Cary street and Twelfth to the mill
| race. The question was raised as to whe-
| Their the committee was not exceeding its
| authority, but that seemed to carry little
weight, and further motion that the
| Council should be called in extraordinary
| session to ratify the committees action
was adopted.
| When the committee was called TO Or
| der there were present Messrs. Allen
| (chairman), Woody, Peters, Burton,
Bahen, Gibson. Ebel, Pollock. and King.
The chairman introduced Hon. ii. X. Pol
lard, the newly elected City-Attorney.
THE CITY ENGINEERS STATEMENT.
The OBJECT of the meeting was stated,
and the City Engineer was called upon
for a statement He said the condition
of-the sewers all over the city is deplora-
BILE. In reference to the break at the Gal
lego Mills, he described the course OF the
old stone sewer. and said complaints had
been made against 1t about year ago.
! The condition of the culverts was very
bad. and 1t would take much time and ex-
pense to repair them. AS a result OF
conference with the chairman OF the COM
mittee and the City Engineer, he had
been authorized to take the sewer on at
Eleventh and Cary streets, and to make
an emergency sewer down Cary street
about 40 feet. He described the plans
that had been discussed some time ago.
for diverting the old stone sewer by this
route and Twelfth street TO Shockoe
creek. When first mooted 1t had been met
with the positive refusal of abuttng pro-
perty -owners TO pay their share OF the
cost, and the Council would not make the
necessary appropriation.
II is impossible TO fix the responsibility
for the calamity at the mill at this time.
The trouble had been anticipated last
Thursday.
The condition Of the old sewer would be
carefully ascertained, so as to determine
whether the sewer broke the mill wall or
vice versa. 1--WE know the sewer is Dro-
ken" he continued, because We sent
man in to examine it, but 1t is proDaDie
that by Thursday we shall be able 10 say
what was the origin of the break. ms
point is to be determined by the CITY En-
gineer, City Attorney and Chairman Oh
N
with the attorneys of others who are IN
terested. The City Engineer suggested
that the committee should recommend to
the Council the immediate building Oh the
sewer down Twelfth street.
THE RESPONSIBILITY OF THE COM
MITTEE.
Mr.. Allen said the committee would IKE
to hear from the City Attorney as TO the
right of the committee TO assume the re-
sponsibility of ordering this WORK. ana
what chance there would be OF charging
property-owners for the sewer after II had
been built.
MIR. Pollard said he had talked with Mr..
Meredith along this line, and 1t was that
gentleman's opinion that the work might
be done. The city could put in mains and
charge for water at so much spicket,
and so be reimbursed for the outlay. Mr..
Meredth's view had been confirmed by
letter he had since received. I'm this
emergency" said Mr.. Pollard, I'VE should
do this work and relieve the present
strain. and afterwards proceed TO notify
the abutting property-owners that we
shall charge for the work, ana take the
risk of collecting" In any event, said
MIR. Pollard. If the assessment Is contest
ed, 1t will furnish very good test case
as to the liability Of property owners TO
pay for these improvements. he thought
there was no doubt about the power or
the committee to act In the emergency,
and recommended that the action of the |
chairman OF the committee and the City |
Engineer should be ratified.
Mr.. Ebel moved the appropriation OF |
whatever sum was necessary Tor the |
emergency work.
Colonel Cutshaw said he had no esti- |
mate. but the amount would be small |
The original estimate for building the |
sewer was $500 The amount OF the
emergency work would perhaps be 500. In
response TO a question of the. chairman,
he said the emergency sewer would be
by Saturday night. The course
of the new sewer would be from
Eleventh street and Cary to Twelfth
street to the mill-race.
Mr.. Ebers motion was then put and
carried unanimously.
Mr.. Ebel raised tho question as 10
whether the committee would not be ex-
ceeding it's authority in ordering the con-
struction of the proposed new sewer 20
connect with the emergency sewer on
Cary street, leading down Twelfth street
to the mill-race. There was lively de-
bate along this line.
The City Engineer said 1t was necessary
to blank off the old sewer.
THE CITY ATTORNEY OPINION.
In response to a question from the
Chair. Mr. Pollard stated that If the
work was done at the instigation of the
the city would certainly be
able to assess property-owners, II the
action of the committee was ratified by
he Council. The sewer would be the pro-
perty Of the city, and the city could
charge for any benefits derived from IT,
Mr.. Pollock asked who would be liable
'or the cost of the sewer II the Council
'efused TO ratify the committees action,
md the Chairman stated that each and
very member of the committee would be
subject for the amount. There were pre-
edents TO establish this fact. IT was the
opinion OF the committee. generally ex-
PRESSED. that the Council would endorse
hem in this instance. and IL was felt TO
% the duty Of the committee to take the
'urden from the shoulders of the City
Engineer.
Mr.. Ebel protested against the commit
ee undertaking this responsibility. but a
notion. introduced by Mr. Pollock. 10
ne effect that the City Engineer should
e instructed to proceed with the work
revailed, Mr.. Ebel alone voting no. and |
skiing for recorded vote.
Mr.. Pollock moved that the presidents 1
u the two branches of the City Council |