Omaha daily bee., 1902-02-25
COUNCIL ACTS ON PAVING
Takes Final Steps in Assessing South Sixth
Street Cost.
PROPERTY OWNERS FILE PROTESTS
Are Prepared TO Resist In the Courts
All Effort TO Make Them Pay
Specify rOun for
TIL zir Action.

The city council last night took the
final steps assessing the cost Of the paw
ing on South Sixth street to the sbutting
property according to the schedule as pre-
pared by the city engineer and published
according to law. The protests against
the assessment filed by l.. T. Shugart, T..
]. Foley. Dr Barstow, NJ. A. A. Beer and
U. McMacken we're disallowed.
County Auditor Innes, County Recorder
smith and County Treasurer Arnd served
notice on the council that the Mason City
& Fort Dodge Railroad company had begun
proceedings to condemn a strip $50 feet
wide along the Rohrer property fronting
on South avenue. This notice was served
by the county officials in view Of the fact
that Rohrer had signined his intention OF
plating the tract and dedicating two
streets to the city through It.
The request OF the Brlcklayers' union
that brick be used instead Of concrete
for the abutments Of the bridge over In
dian Creek at MINISTER and Main streets
was denied, the council deciding to stand
by the original contract.
Bids for the sewers on Benton, Baughn
and Harmony streets we're received from
e. A.. Wickham and Olsen & Nelson and
were referred to the city engineer for
tabulation. A bid from a Chicago firm was
thrown out as being irregular.
The contract for the grading Of Ninth
avenue, between Third and High streets,
was awarded to John M. Harden.
The council adjourned to next Monday
night.
Property Owners Protest.
It is said thai several Of the property
owners on South Sixth street will appeal
to the court before they will pay the
assessment for the paving laid last winter
on this tboroughfare. AS a preliminary step
toward the proposed litigation five prop
erty owners on the street hled yesterday
with the city clerk their protests against
the assessment. Those protesting are: l..
T.. shugart, representing the shugart es-
tate; T.. ]. Foley, DR.. ]. M. Barstow, M. A.
A. Beer and Uriah McMacken.
The protesting property owners allege
that the city council failed to comply with
the law in awarding the contract for the
paving: that the contract was not let to
the lowest bidder, and that all Of the pro-
ceedings Of the city council in connection
with the paving Of this street were not as
contemplated by the law. They also fnd
fault with the paving, alleging that 1t was
not done In a good and a workmanlike man
ner; that It was not properly constructed
and that the material did not comply with
the requirements of the alleged contract.
They also protest against the payment
of the assessment on the alleged grounds
that the paving was laid at an unsuitable
time and In unsuitable weather; also that
the city council failed to make a proper
inspection Of the work before accepting
it and the assessment schedule. AS a fur
ther and last ground for protesting against
the assessment Of the Improvement, they
allege that the surface Of the paving is al
this time uneven and not in a proper con-
dition, although laid only a few months ago
some of the Assessments.
III Shugart estate was assessed $796;
T. ]. Foley, 33OS.65; DR.. ]. NJ. Barstow,
t207.4S; M. A.. A. Beer. $500. the original
assessment OF $500 having been reduced to
this amount; Uriah McMacken, $414.91.
The city council approved this paving
January 81 and adopted the assessment
schedule as submitted by the city engineer
with the exception Of the Beer property
the assessment against which was reduced
from Ss06 TO $500, the city bearing the bal
ance.
The total cost Of the paving Of South
Sixth street from Broadway to Fifth ave,
nue., under the contract with e. A. Wick.
ham, was SIC, 913. OF this the city hat
to pay 2 las, the cost of the paving IN
front of Bayliss park and the postofic'
building.
City onicials claim the property owner
have no reasonable grounds for objectinI
to paying their cost Of the improvement
as under the law the city could have as
sessed against them the cost Of the pavinl
in front OF the park instead Of bearing tn
expense itself out Of the general improve
ment fund.
City Engineer Etnyre says that the fac
that the paving was laid during the winte
will not affect 1t in any way, as the lowe
course was laid several weeks before tn
upper tier and before any frost.
Gravel roonng. A. H. Read. 541 Broadway