Omaha daily bee., 1903-02-12
SUGGESTS A REMEDY
Assistant City Attorney Has Bill to Protect
City on Special Taxes.
METHOD OF MAKING ALL IMPROVEMENTS
One Bill f. Curative Measure and
other Amends Charter In
Points where ~ Has Been
Found Defective.

AEHlhAhuI 1llN AAAbl NY 1ehAN -
has prepared two legislative measures
which are designed to remedy defects that
exist under the present charter with rela-
tion to special assessments for street Inn
provements. One bill is a curative act, in
tended to make II certain that the city viii
be secured for all special improvements
made since the present charter became a
law in 1897. The other proposition is to be
Incorporated into a charter amendment OF
sections 10 and Ill and is intended to make
plain and systematic the way Of the future,
The ability Of dissatisfied property own-
ers to evade special taxes by resorting to
the courts on points OF technicality has been
a serious handicap in the administration OF
the city government, and owing to errors
and csrelessness has resulted in the loss of
much revenue.
Contents of Curative Bill.
The curative bill is explained largely in
the title, which is as follows: For an act
to legalize and validate all proceedings
connected with the ordering and making OF
any local improvements heretofore made
under the provisions Of chapter ia Of the
compiled statutes Of the state of Nebraska
for 1901, being an act Incorporating cities
Of the metropolitan class. and to authorize
re-assessments for such improvements in
cases where pTlOT assessments lot suCu I'M
p%rovements are Irregular or void. or where
such prior assessments were paid under
protest and the money paid thereon has
been or will be recovered back by suit at
law"
The bill provides that whenever any spe-
cial assessments made under the charter of
1897 are invalid, uncollectible or void or
are found so by any court for a variety Of
reasons, such as lnsuf1ciency of petitions,
jurisdictional or other defects on the part
Of the city council. the mayor and the city
council shall have the power to levy a new
assessment or a reassessment Of the spe-
cial taxes. II is provided further that all
proceedings connected with the making of
any such local improvements under said act
are hereby retfospectively legalized and
validated, and all defects in such proceed
ings and assessments are hereby cured"
The law is to become effective Immediately
after passage and approval.
This bill is to be introduced both in the
senate and house, Senate Hall to be it's
sponsor in the senate and representative
Gilbert in the lower house.
For Charter Amendments.
The charter amendment to throw out
safeguards for protecting the municipal
purse endeavors to establish beyond question
the legality OF proposed improvements be-
fore a single step is taken toward the ac-
tual accomplishment Of the work. 1t is
made incumbent upon the city clerk within
two days after the filing of any petition
for improvements to deliver to the city
attorney and the city engineer, each a GER
titled copy of the petition. 1t then be-
comes the duty Of the city attorney to
examine the petition and the signatures as
to due form of law, and how many feet
frontage of taxable property has been
signed for by the record owners. and TO
so certify to the city council. The city
engineer is to certify to the council as to
the total foot frontage OF the taxable
property and whether or not the property
signed for is correctly stated. and attach
s. plat Of the Improvement district. Such
certificates. when filed in the city clerks
cfice, are to be prima facie evidence OF
the truth and correctness OF the state
ments. II there are not suficient property
owners signed, others may file a supple
mental petition.
Publications and Petitions.
II the certificates returned show that
the petition is regular. legal and sufficient
the city council shall direct the city clerk
to publish the petition for three days in
the ofhcial newspapers. with a notice in
0AAAAo NGN A0RNANs a. OhNN =
that they will have twenty days to file pro-
tests in the office of the city clerk. This
provision shall not apply to petitions fol
the designations Of materials to be used
The protestants are required to make theil
objections under oath and to furnish a bill
of particulars as to defects. II a question
as to the ownership of property is set up
the name and address OF the true owner
must be submitted. and the directors mus
swear that they are Directing in good
faith. After these objections are in III,
petitioners are allowed ten days to rem
edy any possible defects. This is par
OF the clause that follows:
When any protest has been hled will
the city clerk within the time hereinbefor
specified, the Improvement petitioned 10
by said protested petition shall not be or
dered until the city council shall have give
the party protesting a hearing upon sucl
protest and shall have upon the evidence
found. adJudged and determined said pro
tested petition to be regular. legal ant
Buficlent. and not until after the time ha
expired for perfecting an appeal from SAT
finding. judgment and determination
Consideration of Protests.
In case of protest the city council shall