Omaha daily bee., 1902-06-05
CITY COUNCIL PROCEEDINGS
Mayors Veto of Capitol Avenue Market
Appropriation 0verridsn,
ONE EXTRA LIGHT RESOLUTION STANDS
order of New Electric Lights Passes
Over Mayors Veto, while that
for Additional Gas Lights
Fails.

AAoN w N@N
for Additional Gas Lights
Fails.
1t the regular meeting of the city coun-
Gil Tuesday night three vetoes from the
mayor were read, one of which was sus-
tained. The vetoed documents were as
follows: A resolution setting aside from
the general fund Sic. 900 to be used in the
construction Of the Capitol avenue market
house, a resolution authorizing the cleo
trio light company to place ninety-nine arc
lamps and a resolution authorizing the gas
company to place 100 gas lamps in addi-
ton to those now in use. TIL veto of the
latter was sustained; those Of the first
two documents were overridden.
The veto of the market house resolution
is as follows:
To the Honorable the City Council OF
the City of Omaha-Gentlemen: l return
herewith without my approval document
No. 1162 passed by your honorable body
at your last regular meeting, May q, 1902.
ing the expenditure of $1,000 taken from
the general fund to be used In the con-
sst apitoi aT 0I "a RBe etWeen me TRirtee nTISe a4 Ed
Fourteenth streets.
the proceedings necessary to be taken for
the narrowing of Capitol avenue from its
present width of 120 feet have not been
nave been attempted in that behalf are
not in compliance, with the requirements
city from liability and damages.
Section q of the charter in express terms
provides that no street or avenue shall
be narrowed to a width of less than sixty
six feet, except on. petition of two-thirds
of the owners of the lots and real estate
along that, portion of the street or avenue
narrowed"
No Petition Filed.
No such petition has been filed for the
narrowing of Capitol avenue as Is pro-
posed. The ordinance which has been
passed relating to the narrowing. of Capitol
appraisers, under which the appraisers
acted and made their report, does not as
erty owners, The only petition or waiver
of damages of property owners which was
ever filed or considered was one request
ing the location of market houses on Cap
itol avenue and foregoing any claim for
damages resulting from the erection or
titions do not pretend to assume to ask
for the. narrowing of Capitol avenue {. to
of the same. The ordinance under which
the proceedings relating to the narrowing
of Capitol avenue were taken is illegal for
lack of the necessary petition of property
owners, as its, effect is TO narrow the
width Of Capitol avenue to less than sixty
tween Thirteenth and Fourteenth streets
undertaken to be vacated is in the center
in width. The effect Of such Vacation, If It
could be legally made. would be to reduce
Capitol avenue on each side of said vacated
only thirty-six feet.
No liability of the nature and to the ex-
tent of the one involved in these pro-
ceedings should be assumed without first
taking steps for the protection of the
city, which are required to be. taken by
the charter. | therefore veto this resolu-
FRANK e. MooREs, Mayor.
The motion was put as follows: Shall
the resolution stand, the veto Of the mayor
Notwithstanding" The vote was as fol-
lows:
Ayes-Burkley, Hascall, Hoye, Lobeck,
Trostler, zimman, Kari.
Nays-Whitehorn-1.
Gas Light Veto Goes.
The mayors veto of the resolution pro-
viding for 100 additional gas lamps follows:
To the Honorable. the City Council of
bbn eerewittS W wit6out nv wef a=bnrovai d Z rsnsTa
No. lbs. passed by your honorable body at
your last regular meeting, May q, 1902.
This document Is a resolution authorizing
the Omaha Gas company to locate 100 adj
ditional gas lamps. l veto this resolution
to be taken from the lighting fund, which
sum taken, with the amount required by
concurrent resolution No. 1159 would pro-
duce an overlap in the lighting fund at
the close of this year of at least $1,000.
From figures given me by our city comp
~troller, l find that the lS3 mills, the amount
levied for the lighting fund, would produce
net $61 $685. Add to this levy the royalty
to be paid by the gas company and the
the total amount available in round figures,
The liked expenditures of the fund are
$50 gas lamps, at $SOieach per year. SOS, $50, OF
1886 electric lamps, at $3.50 each per
$50 gasoline lamps, at sis each per
year looo.W
Which makes a total Of. ..,....... $7U,S27,5C
Add to this amount the contemplated ad-
dition as contained in this resolution and
of gas lamps at an expense of $12 each, in
round hgurss $S,5oO; ms IN so7 YOU'D Y MAKE a q
1 do not wish to interfere with the plac-
ing of such lamps as we may have the
money to pay for and wish to leave the
locating of the same to your honorable
body, as each councilman knows the neces-
the location of these lights that you con.
suit with the city electrician, SO as to avoid
at a street Intersection and a gas light al
the same place, By, this means the city
get more iight fot the same money thar
being located as some of our lights are a
the present time,
honorable body that there must be no over
lap in the lighting fund this year, and Il
would be better to have a few thousand
dollars to the good in the lighting fund
than to use up every dollar of said fund
simply because we have the money to use
/ therefore veto this resolution. Respect.
fully, FRANK E. MOORES. Mayor.
This veto was sustained by the following
vote:
Ayes-Burkley, Hascall, Lobeck, frost.
Ter, Karr-5.
Nays-Hoye, W~hitehorn, zimman-3.
Electric Light Order Stands.
The veto Of the resolution providing fol
/ ninety-nine arc lamps was the same al
the foregoing, but was overridden by
unanimous vote.
t Treasurer Hennings sent in a letter il
which he referred to the rejection Of a bill
for some furniture for his office and said:
In order that your mind may be disabuse'
I that l have been extravagant with Cit,
money, would state the following facts:
l. During the last few months 1 haV
{ furnished my own $500 rig free of charg