Waterbury Democrat., 1901-05-28
BOARD OF ALDERMEN
Listened to the Reading of City At
 torney Kellogg,s Report.

torney Kellogg's Report.
 The board of aldermen held meet ing last night, there being present Al Tyrrell Blakeslee, White, Cross, Cal Ian, Walker, Chesson and City Clerk NJ. J. Ryan. In the absence of Chair man Hall, Viee-President Callan wield- ed the gavel, and he did it ill way that made more than one mmber Of the board realize that he is strict par liamentarian.
 The different recommendations of the board of public works were read and approved. A few new petitions were received and referred to the board of public works.
 On recommendation of the commit tee on abatements several tax bills were abated and quite few petition CTS given leave to withdraw.
 On motion of MT Cross it was voted to instruct the clerk to extend an in- yitation to the city engineer to attend the meetings of the aldermen. Alder man White thought this might be q hardship on the engineer, but it was stated that MT Cairns was anxious to attend the aldermanic sessions and that settled it,
 The following communication was received from City Attorney Kellogg:
 Waterbury, May p, l9Ol. To the Honorable Board of Aldermen,
 City of Waterbury.
 At meeting of your honorable body, held May 13, 1901. the following vote was passed, to wit:
 "Voted: That the matter of assess ment of benefits and damages arising from the proposed layout of Pine street, from Hillside avenue to Cooke street, be and is hereby referred to the city attorney for investigation as to the legality of the same and report"
 Your city attorney, having been pres ent at the meeting at which this vote was passed, was of the opinion, from the discussion held upon this matter, that all questions connected with the layout of Pine street should be inves- tigated and report made thereon. have therefore traced the history of this street from its original layout as a town highway and find that the fol lowing is a history in brief of this highway.
 On May 25, 1887, the town of Water bury accepted and laid out this high way from the highway adjoining the common field, now known as Willow street, to the highway leading to Pine Hole, which is now Waterville. This highway, as so laid out, ran therefore from North Willow street to Cooke street, but the northern portion of the highway ran about where Columbia Boulevard is now laid out. The width of this highway as so laid out, was seven rods at its west end four rods at the second boundary, five rods at the third, six rods at the fourth, and ten rods at the upper end.
 Later, on September ', 1872. the town deeded the northerly part of this high way to Ashley Scott and in return re- ceived a deed of land two rods wide running from the point at which the highway had been discontinued by the towns deed to Scott to Cooke street.
 l can find no further record of this highway upon the town highway books down to the incorporation of the city. In 1887 new layout was adopted by the court of common council for the entire extent of Pine street, from North Willow street to Cooke street. This layout was adopted upon the petition of Charles Benedict and others whose land immediately adjoined this high way upon the east. The layout was called "a survey of lines,' but I am of the opinion that it, containing all the steps then necessary for the lay. out of highway, was valid layout of this highway. No assessment of damages were made at that time. but o c tho rna dc --f of the old town highway, that no prop erty was taken from anyone, 1t was not necessary for legal layout thai such an assessment of benefits and damages under the old charter must have been made. A grade for the Highway so laid out was adopted by thu court of common council on June 19 1882.
 have carefully examined the variou, l steps that have been taken concernins the layout of this highway now il question from the resolution passed o1 I the 12th day of November, 19OO re ferring to the board of public work, the matter of laying out and establish | ing a grade for Pine street to the re 1 ports of the board of road commis sioners and bureau of assessment nov ! before you for action, and am of tn opinion that all the necessary steps re quired by the charter of the city fo the layout of a highway have beel taken, and that the matter is proper ly before you for action.
 As to the several amounts of benefit and damages, as set forth ill the repor of the bureau of assessment, I canno Of course express any opinion as thes necessarily are entirely questions 0 fact. No benefits can be assesse against any property unless that pal ticular piece of property will receiv as matter of fact peculiar financis benefit from, this particular improve ment and unless this is so no benef can be collected from such property.
 Respectfully,
 JOHN F. KELLOGG, City Attorney
 The report of the bureau of assess ment relative to the award of benefit and damages arising from the layou of Pine street was then read an adopted. Similar action was taken o the report of the bureau of assessmen on the question of benefits and dan ages arising from the establishment c | hI1ilHinoy i'm, e,f,.