The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06
NJ. & M. SUBMITS ANOTHER PRO.
PosAL TO CITY.
is NOW BENG LOOKED INTO
Law Discovered That May Interfere
with Construction Of Proposed
New Sewer System.

It may be said to be regarded as
very likely that at last settlement is
near at hand of the litigation between
the city Of Billings and the Minnesota
& Montana Land and Improvement
company. The company has submitted
another proposition to the city and
its merits are now being investigated.
At last Tuesdays meeting of the
council l. D. O'Donnell, representing
the company, proposed to pay the
sum of $4,000 in casn and give the
city deeds to what is known as North
and South parks, in all about 20 acres,
this to be in lieu of the city's judg-
ment claim of $4,000 held against
the company.
No definite action was taken on the
proposal. Mayor Foster instructed
the finance committee to ascertain the
amount Of the warrants outstanding
against the fund upon which the
money due the city from the COM
pany will have to apply, and also
what would be regarded as a reason
able value of the two tracts of land
offered.
The present fair grounds are on a
part of the North park and for that
reason this tract is considered as be-
| ing more valuable than 1t would be
otherwise.
AS both the city and company are
| anxious to effect settlement, some
successful ending OF the present
/ proposition is looked for when con-
sideration of it is resumed next Tues
day evening, to which time the coun'
Gil adjourned for that purpose.
Confronted by Doubt.
Tuesday evening was the date fixed
at the time of it's introduction for
final action regarding the adoption OF
the resolution creating new sewer
1 district on the north side. Interested
property owners were notified to be
on hand and enter any objections
q they might have against the proposed
4 improvement, as it contemplated the
levying of a special tax. ]. ]. Walk
and Herbert Scovell, the latter or
behalf of himself and Harry Ramsey
responded and were present for the
purpose of protesting. In all they
represented about 12 lots.
/ No occasion for formal protest
arose, however, as the resolution was
mot acted upon.
Since the last meeting some one
had. examined the law and it was dis
covered that serious obstacle to the
imposition of the special tax presented
itself. Under the provision of thu
statute relating to the matter the cit.
is prohibited from taxing property TO
improvements to exceed 25 per cen
of it's assessed value. AS the lot
affected are assessed on an average a
not more than $25, and the specia
! tax that would have to be levied TO
: the construction of the sewer woult
amount to $32.5O for each lot, som
of the aldermen were of the opinion
that the city was against stuml
of huge proportions.
The mayor inclined to the belle
that the law in question; did not appl,
to sewer construction, but of this h
was not certain.
In order that the city's rights il
the premises might be fully ascertain
ed consideration of the resolution wa
laid over until the next regular NEE
ing, during which time the city attol
ney is requested to prepare an opir
ion on the matter.
Should it be held that the city ma
not levy the tax and it is still il
;. tended to go ahead and make tn
much desired improvement, it will el
tail upon the municipality the pa,
ment of the difference between the ia
I. that may be legally imposed and tn
actual cost of the system, somethin
: like $4,000 or $4,000.
J, Matter Of Licenses.
~ Alderman Bennighoff and Alderma
Brewer had a little tilt in regard
what the former said was violatie
) of certain ordinance. He said th