Omaha daily bee., 1903-02-11

M trouble with these provisions is that
they make 10 mandatory upon the city TO
order the improvements upon the filing OF
such petitions, and yet the suficiency OF
the petitions may be attacked In the courts
even Giter ne impa1ydements nave e, Sy
lars expended by the city In their compile
ton. =.
The courts have sustained the validity OF
most Of the taxes levied under the new
charter, which took effect in 1897. / believe
a curative act should be passed by the leg
levied under this charter. Many " not
most Of the old assessments levied prior TO
1897 are Irregular, but n large part OF them
| can be relieved without a curative act.
II we could know that assessments from
1897 on were valid and incontestible u would
be a great aid to the future prosperity OF
the city.
Special Tax Litigation.
The success Of the legal department in
1901 in the handling Of special tax higa-
ton was more than duplicated in 1902 In
collected for the city 1876, 212.10 In all com
auired 10 pay up all regular taxes and all
other special assessments in full except the
invalid taxes affected by the compromise.
the parties and are not included In the
amount above mentioned. The regular
taxes probably amounted to as, much as the
total OF the specials compromised and the
other specials paid and not included IN such
compromises probably TO as much more.
| Inc settlements WIZ hAaAAAA VI
! heavily ~encumbered with taxes and the ef-
feet Of the settlements has been to make
the properties live ~taxpaying properties Tor
Estoppeis were established BY decree or
dismissal to the extent of f1S, 1926. In TAX
S Slsssed h1 to he extent Of E@.75I.S, which
should be sustained upon triai uhless tne
parties voluntarily dismiss their cases "
preference to having judgments OF estoppel
In addition to his regular work the eb-
stractor of this department furnished, ap-
tracts and opinions for the city which II
made by outside abstractors, as was lorm-
eriy done. would have cost the city more
Werv IMPORTANT decisions were obtained
during the year in the supreme court ~
favor Of the city III sPPsInst Omaha HickI
ct al against Omaha and Ssanter ats
Omaha, the previous decisions or tne 9hs
trict court were reversed and the ~turisdlc'
fIon OF the city to order practically all o.
the old curbing was established.
The case Of Portsmouth savings pans an IN,
new questions raised against speclal asSess
ments levied since March, 1897. and ines
were decided in favor of the city. This IS IN
only case in which the supreme court haI
had an opportunity TO pass upon Sbt
ments levied ,a since e , tss PRS sssedR ecis ifhaF ss
tablishes the validity OF .practicaLly a.
these assessments, and Is OF great Vaiue u
the city.
NTuDicfpaI Ownership of WnterwOrlks
, 7 have always been and I'm now IN fave
{ Of the muniolpat ef 1p ter q works. bu
/ up to this time prevailing conolaloHs NE
any step in that direction impracucanIe PEE
time Indebtedness of the city. as shown o
: the figures of the comptroller, is me sur
az S3'6iS,OO0. The assessed valuatlon 2
property in Omaha under the 40 per cen
E basis for 1902 was $87,6l6,160 g
AS will be observed from Tnd tness ns !
the CITY under the 1902 assessment was onl
$4,000 short of the constitutional 10 pc
8 cent limit Of Indebtedness, While this cor
5 dition existed It would have been impos
= sible to issue water works pon1s IN "
= sum required and keep within the eonSt
Z is now removed by the valuation made az
r cording to the standard OF real estate q
, T nSSipaf ta9 Ss ta~ for the year 1908, The a
e sessed valuation of properly IN Omalni
t made for tt the v5 pgrP Iscs % s mS ,oCol 6ooi =
n AS the result of the assessment just con
pleted the city is in a situation Ior ~
arst time to wd Issue I 11hes ioF Ms 4
The right of acquiring the water wori
by purchase as provided IN tne coher ~
g citv Sentember 4 1909. 1t therefore b.
comes necessary at this time to consid'
t essu most fo sne seuuir fng the water work
n whether by enforcing the right OF purcnas
which will accrue September isES,
proceeding under the power ana rlBnt
v eminent domain as authorized by the cna
Il ter. - =,
II city has the right to select seven apprai
Ii ers and the appraisemenC made. De1o
becoming final and binding on the city,
q subject to approval by the mayor al
% This gives to the city protection much
be desired with reference to the amour
e. OF the appraisement
Whatever course may be decided upo
we should proceed, as we have done, WI
,e su f1cient caution and UNDERSTANDING OF q
situation as to adopt the plan which W
"a be safest and best, so that the water worl
yyS may be secured for the city at a fair az
% Now that bonds can be issued and Il
~ time when the right Of purchase will a
an ordinance be pasged declaring the n
cessity of acquiring the water works pla
% providing tor the aRpoin Ha1Sn 90 q 4
so same. with this In view, l would UT
40 that this communication be referred 70 {
ton as to the most desirable method
90 procedure for acquiring the water wor
g i Gs SSnsiqIi'e COMMITTEES, and with %referen
6s to the proper determination of this que
tion / will be pleased to confer with 70
=. honorable body.
!" Electric Lighting.
q A very important work Of the year W
9S Omaha Thomson-Houston Electric Lg
Wy company for electric street lighting for
itss6Fam T S5 fnTes Contract was entered IL
December 1, 1895, extending an exist
contract which was not to expire until L
re cember 81, 1897. This old contract "
lal rushed through and signed at midnight I
So same day OF its passage, without gfyi
lr- the people an opportunity to be heard
to protect their interests. II provided Il
the city should pay at the rate OF Sis
of per year for each arc light. The new CO
he tract entered into lact March reduces
rate TO $3.50 per light. the rate taking
H. feet January l. 1902, one year before
ial expiration OF the former contract, q
IN also requires the company to pay to
city at the first of each year a royalty
ial 3 per cent on the gross sales of the pre-
cir Gus year. This saving of $40 per year
he each arc light has enabled the city to
In over 100 new lamps, which has grea
or Improved the lighting system OF the 81
rty and the additional royalty viii provide
ala still further extensions.
The gasoline street lamps have not pro-
en- very satisfactory, and during the year
nts OF them have been discontinued, and
In amount of money so saved has been
ali into additional gas lamps, winch give mi
ay. better service at only a small increase
At the beginning Of last year the Zig
in- ing facilities Of the city consisted of
the arc lights. $50 gas lamps and $50 gasol
lol. lamps. At the close OF the year we
a 446 arc lights, loss gas, lamps and 400 &
lnc / oline lamps A great improvement
)ns been made in our street lighting dur
ont the year, but an Increased number of Ng
.ct; are still needed.
'ee- COnduits.
as In March an ordinance was passed
qCiring all electric and other wires W