The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1902-07-18

uoCIS1Ou III OuSa. DAOouAA oUASSS P"'A.s
injunction suit ....of John. Diamond
against the....city. He finds in favo
of Mr.. Diamond, declares the pavins
contract void, and ..restrains the cit,
from carrying out its part of the con
tract and from levying sthe assessment
to pay for the paving, etc. $50
This decision has been expected by
the city for several days past, and II
will take an appeal to the supreme
court.
a. The attorneys for the Barber Asphalt
Paving Co. do not express .anya-fearE
of thesfnal outcome.s-
The decision is lengthy. $50 -.
Among the matters of fact, it: il
found that.the bonded Indebtedness Of
the city is 1897, 500. and that the in
terest bearing floating Indebtedness,
past due, is. $21, 57S.O3. "a sinking
fund of $40, 600, raised solely to pay
and retire the water bonds of the city
as they shall fall due, has been ex-
pended for other purposes by the city
authorities, and the city is indebted
to the waterworks fund for that
amount. There are also unpaid orders
and certificates of Indebtedness to the
amount of 50, 546. 81.
The road and bridge fund for 1902
was levied for repairs and mainten-
ance thereof, and no part of it was
levied for the curbing, guttering or
paving of Broad street, nor was any
tax levied or appropriation made for
this'purpose. The total tax levy was
$40, 600, and it was anticipated that
S33, 600 to $50, 600 would be received
from liquor licenses and other sources.
The fixed annual expenses. of the
city for salaries, lighting, ETC., to be
paid from the current.fund. is $27, 9O5
: On Aprils23d 1902, when thesspaving
contract was executed, there was
funds in the city treasury for all pur-
poses, exclusive of sinking fund to re-
tire water bonds, the sum of 80, 417.5S.
The road and bridge fund was then
overdrawn $500. The expenditures
from that fund for the fiscal year 1901
were SIG, AGA. SO. The current expenses
due to be paid from the .current.fund
for the fiscal year 1901 was ss$47, 726. 40
There was collected that year from
saloon licenses, auctioneer and other
licenses, fines, ETC., about 1913, 600.
There was received into the treasury
that year and credited to the current
fund $39, $50. SO. s. So
=. The total expenditures of the city in
the fcsal year 1901 was 81, 7SS. 16, and
the total receipts of the city did not
exceed. $75, 600, and although $50, 900
of the bonded indebtedness of the city
fell due in 1899 no part of it has been
paid All the taxes levied for 1909
have been paid except &c. There
is in the treasury of the city belong
ing to all funds $26, 1856.
On June Goth, 1902, the council
made q tax levy Of $45, coo for 1909,
all of which sum will be needed and
is intended to defray the necessary
expenses of the city for the fiscal year
1903, without the payment of any
part thereof in performance of the
paving contract.
The total available assets of said
city at any time during the fiscal year
1902 have not been sufficient to replace
the sinking fund appropriated as here
inbefore found, and to pay the past
due indebtedness of said city, here
tofore incurred, not including the
bonded Indebtedness of said city, or
any sum for the payment of any
amounts falling due under the con-
tract for tine improvement of Broad
street therein. as hereinafter found.
Broad street is much travelled and
used public thoroughfare and street,
and the earth thereof has become
packed and hard by the. long use and
travel until ..the same. is good and
sufficient, street and highway for pub
lie travel, smooth and dry Except in
times of unusual wet weather, when
in places the same becomes soft and
muddy. b
THAT in the year, "A. D. 1887, said
Broad street between Lincoln street
and Warren streets was by authority
of the common council and the board
of public works of said city, land at
the request and expense of the owners
of the lots fronting on said improve
ment, curbed and guttered with stone
curb. and....gutter,. and graded. and
boulevarded, the graded portion of
said street between the curbs thereof
being reduced to the width of thirty |
six feet, said graded portion being
covered with river gravel and made
smooth and hard, and the remainder
of the width of said street being |
boulevarded or sown, planted and
grown to grass, sod and ornamental
trees, thereby making said portion of
said.street good and sufficient street
for,all purposes, pleasing, attractive,
and satisfactory in all respects to the
public officers of said city charged
with the care and control of public
streets therein.
No bids were ever called for or re-
ceived for the Improvement of said
intersections of said streets OUTSIDE of
a strip thirty feet in width along the
center of said Broad street, and that
said work was not let to the lowest
bidder or to any bidder therefor.