Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1903-02-25
CITY COUNCIL PROCEEDINGS
Levy Ordinance Passed as Recommended by
the Finance Committee.
NO ALLOWANCE FOR ENIoNED TAXES
General Electric Franchise and
water works Purchase Or
dinRnces Are Passed-Re-
port on COnduits.

Much business of Importance was done
by the city council last night. The annual
levy for 1903 was made on total rate OF
SIS mills. the open door" electric priv
ilege franchise ordinance in connection with
power to be generated by water was
adopted and the ordinance making a pre-
llminary move toward the requirement OF
the water works was read for the third
time and passed. All members of the coun-
ell we're present.
The levy for 1909 was arranged by the
finance committee, after the entire council
had consulted in committee meeting during
the afternoon. The ordinance adopted for
the purpose of raising city taxes includes
total OF 6.45 mills, while that for the
school board as requested by that body,
calls for 2.3 mills. This levy is made as
though the total assessment OF $129, ,233, 1885,
as returned by the city Board Of Equaliza-
tion, was allowed to stand. AS a matter
OF fact, $23, ,457, $50 will be deducted from the
sum levied on, leaving S1O5.775,Ss5 as the
assessed valuation for the present.
why the Difference.
The difference is caused by the fact that
the Union Pacific and Burlington railroads
have secured temporary restraining order
preventing their assessments as made by
the city from being included in the total
assessment. They did this because the
value was increased many times over that
made by the State Board of Equalization.
The city council, in taking the action II
did last night. followed explicitly the course
advocated by City Attorney Connell and ].
H. Mcintosh. The members refused to in
clude in the total the assessments returned
by the state board for the railroads, and
acted on the theory that in time taxes on
the railway property will be realized by
a supplemental levy, to be made when the
courts authorize the independent assess
ment of railway property that has been
made. Therefore, the levy was made prac-
tically as though no restraining order had
been Issued. The rate Is the same, but
when It comes to realizing the taxes, each
fund will be from one-ffth to one-sixth
less than 1t would have been had not these
assessments been held up. Had the city
made the levy rate high enough to pro-
duce all that was required on the reduced
total assessment, it would have filled many
funds TO the constitutional limit. The op-
portunity for later levying upon and col
lectng the railway taxes, would be lost
in the opinion of the attorneys. g.
Hold Onto the Railroads.
The annual levy ordinance Is composed
OF sections. each section making provision
for certain number of mills levied tc
create specified fund. There ARE four
teen OF these sections. To elable the city
TO retain It" grasp on the railway assess
ments in litigation the following section
as a general amendment to the other sec
tion, was attached to the ordinance:
Section 15-The annual levy of taxes fol-
the city of Omaha for the year 1908, as
made by this ordinance, does not and shal
not apply or relate to any railroad property
of the Union Pacific Railroad company, OF
the Chicago, Burlington & Quincy Railway
and the item of SOL. % .450 respectiSey re- tPS;sH
| against the Union Pacific Railroad com
pany, appearing at lines 80 and SS respec
! lively of page 54 of the personal assess
ment book No. of the 1903 city OF Omaha
assessment, and the item of S,S631l
| against the Chicago. Burlington & QuincS
| Railway companye the burlington & Mis-
souri, River Railroad company in Nebraska
| the Omaha & Southwestern Railroad com
| pany and the Omaha & North Platte Rail
! road company at lines 1, 2, and of pagt
| 1886 of the personal assessment book No
| of the 1903 city of Omaha assessment. Bu
! by reason OF the restraining orders anc
orders of injunction made. allowed and is
sued by the Hon. W H. Munger, judge o.
| the circuit court of the United States fol
! the district OF Nebraska, in the case of tn
/ Chicago, Burlington & Quincy Railway
| Company against Fleming ct al, Docket
| no. luS OF lne TeCCTuS OF Salu court, ana II
! the case of the Union Pacific Railroad
! Company against the City of Omaha ct al.
! Docket 0, No. l03 of the records of sale
/ court, no levy whatever is now made oI
the said property of said railroad com
4 panies, but the right hereafter TO make o.
| correct any assessment of said railroad
= property to the extent that the same ma!
| lawfully and properly be made or cor
! rected Is hereby reserved, and the right t,
| make the annual levy of taxes for the cit,
of Omaha for the year 1893 on said railroad
| property is also hereby Re served for sucl
/ action, by supplemental levy and for sucl
| acttOni upon such assessment as may b.
| hereafter declared and determined TO b.
proper and awful.
what VIII he Raised.