Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1899-12-05
STATEMENT BY MR.. PEASE.
History of Officiai Action in Street Paw
ing Matter-City Attorneys Side
of the Controversy.

On the 4th day of October. 1898, the
common council adopted resolutions
ordering the board Of public works to
view the premises abutting and 'front.'
ING on Main street and West Main
street, between Montgomery street
and the intersection of Main street
with College avenue, and to determine
the benefits and damages that would
accrue to the several parcels of real
estate by the work of paving said
streets and THE AMOUNT THAT SHOULD
BE ASSESSED UNDER THE PROVISIONS
OF THE CHARTER TO EACH PARCEL OF
SUCH REAL ESTATE AS BENEFITS ACCRU-
ING THERETO by said contemplated
work of paving said streets, and that
said board of public works make and
file report thereof, as required by
the provisions of said charter.
In obedience to said resolutions the
board Of public works did view said
premises and assessed said benefits,
and did determine that no damages
would accrue to any of said real estate
by paving said streets, and did also
BE ASSESSED AND CHARGEABLE UNDER
THE PROVISIONS OF SAID CHARTER TO
EACH PARCEL OF SUCH REAL ESTATE
as benefits accruing thereto by such
contemplated work of paving said
streets. Said board of public works
also made report of their doings,
showing their determination on the
questions required by said resolutions
and the provisions of said charter, and
duly filed said report on the 21st day
of February, 1899, and thereupOn i'm
mediately gave notice by publication
in The Watertown Gazette, for two
weeks. that such report was open for
review and would be so continued for
twenty days after the date of such
notice. That on the Goth day of March,
1899, said board would be in session
at their Office to hear any objections
that might be made to said report
On the 21st day Of March, 1899, said
board of public works made and filed
with the city clerk it's complete and
final report of all its proceedings, in
cluding said statements of benefits
and the amount that should be as
sessed and chargeable to each parcel
of real estate, and also showing that
no person appeared to object to the
same; and at a meeting on the same
day, tOwit: on the 21St day of March,
1899, the common council adopted
resolutions by which said reports we're
IN ALL THINGS CONFIRMED and by
which also it was FINALLY DETERMINED
AND ORDERED BY THE COMMON COUN-
GIL that said streets should be paved
with vitrified brick pavement, accord
ing to said report, and that the EN-
TIRE COST OF SAID WORK, except the
street intersections and the school lot
frontage, should be paid by the real
estate abutting and fronting thereon.
according to said report and the pro-
visions OF the charter.
Said resolutions also ordered the
board of public works to make and file
with the city clerk plans and specif-
cations for said paving and to adver-
tise for bids for doing such work
The board of public works did ad-
vertise for bids according to law and
duly awarded the contract to Louis
Schoenlaub.
On the 25d day of May, 1899, the
contract between the city and Mr..
Schoenlaub was duly executed by the
mayor and clerk and contractor and
his sureties.
All the above proceedings were had
pursuant to the following sections of
the charter, viz: 151, 1872. 153, 154,
155, 156, 157, 15S, 159, 100, 161, 1862,
1853.
It will be seen and understood by
every intelligent person that THE
AMOUNT CHARGEABLE TO THE REAL
ESTATE FOR SAID WORK was finally de-
termined BY THE COUNCIL on the 21st
day of March. 1899. Now comes sec
tiOn 164 of the charter, which reads
as follows: ''As soon as THE AMOUNT
CHARGEABLE TO THE REAL ESTATE is
finally determined, the council may
cause notice to be published in the
official paper, substan TALLY in the fol-
lowing form" Then follows, as a
part of the section, THE FORM Of the
AOOLCO w bC given DI 1dE COMMON
COUNCIL.
Section 26 of the charter provides
that 1.-THE MAYOR AND ALDERMEN
SHALL CONSTITUTE THE COMMON
| COUNCIL"
The first five lines of page 10 of the
contract which was executed by the
mayor and city clerk with the con-
tractor, provide: s.THAT THE AMOUNT
| CHARGEABLE TO THE REAL ESTATE ON
ACCOUNT OF THE SAID IMPROVEMENTS
| SHALL BE PAID FOR IN CERTIFICATES
AGAINST THE LOTS, IN SPECIAL M
PROVEMENT BONDS OR IN CASH, TO BE
DETERMINED BY THE COMMON COUNCIL
OF THE CITY OF WATERFOWL, as pro-
vided for by law"
All these things are matters of
| RECORD IN THE CITY CLERKS OFFICE,
and it needs no argument to show that
it was the duty Of the common council
to DEF 1I,N1INE WHETHER THE WORK,
OR ANY PART OF 1T, SHOULD BE PAID
FOR IN SPECIAL ASSESSMENT BONDS,
and it is equally clear that no person
nntSi6o Of tho oop,poop o0nnoil hod