Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-12-11
ASSESSMENTS NOT LIMITED
City Attorney Says More Than One
Improvement Levy VIII Stand.
TWENTY-FIVE PERCENT At ONE TIME ONLY
Council starts an Investigation 60
Ascertain which Charter street
Railway f. Now Operating
Under.

City Solicitor Kimball submitted to the
city council last night a written opinion in
which he held that successive assessments
for public improt ements, such as curbing
paving. sidewalks, sewer, etc, can be each
levied up to the 3 per cent limitation
against the abutting property, provided
each levy is distinct and separate. The
opinion follows:
The section in question recites that the
special assessment shall be IN proportion
to the special benefits conferred upon the
property etc, and shall NOT exceed . per
time OF levy" While the cost Of the i'm
prOvement is a lien upon the abutting prop
erty from the time Of the filing with the
county auditor Of copy Of the notice OF
of the Improvement until paid the levy
thereof is not made until the Improvement
shall have been completed (Section SD Of
the COde.) Since the Limitation OF % per
cent Is made only at the time Of the levy,
I am OF the opinion that successive levies
or levies made at different times can each
be made up to the Is per cent Limitation.
and that the aggregate levies for special
Improvements in any period OF years or
time is not limited to q per cent Of the
actual value of the lot or tract against
which the assessment Is made, This sec
ton has been construed but four times by
the supreme court since its passage and in
none OF these cases has the question herein
presented been raised, but l am Of the
opinion that when properly raised the fore
| going viii be the decision Of the supreme
court.
This question was referred to the city at
| torney for the reason that IL had been con-
tended by certain property owners protest
ing against the amounts assessed against
| their holdings contending that the aggre-
gate assessment for any and all improve
ments against the property could not ex-
coed Is per cent Of the value OF the holding.
Under which Franchisef
| Councilman Younkermau f. DESTROYS OF
ascertaining under which franchise the
street railway company is operating, and
| suggested that a committee be appointed
| 70 look into this matter. Mayor Macrae
named Councilmen Younkerman,- wallace
and Hendrix. The discussion brought out
! the information that the charter granted
the Omaha & Council Bluffs Railway and
Bridge company in October. 1886, and known
as the Tom Evans franchise" does not
expire until October, 1911, having been
| granted for twenty-five years. The COM
mittee. however, will investigate and report
back to the council at an early date.
Chairman wallace Of the streets and
| alleys committee complained that the hide
pendent Telephone company had neglected
/
that It relay the paving taken up at the
time its conduits were laid. and which has
since sunk in numerous places. Mr.. Wal
lace stated that his committee had held
several conferences with the -company's
lmanager. but he could see poaevidence thai
the repairs would ever be made volun-
tariIy. Manager LAubach Of thssIndepend
ent company, Mr.. Wallace said, had told
the committee that Contractor Wiekham
who laid the conduits, was under CONTRACT
with the company to keep the paving
which had been taken up in proper condl
ton for one year, and that the council
ought to go after him. The contract be-
tween the telephone company and Con
tractor Wlckham. Mr.. wallace argued. wal
nothing TO the city council, as It was with
the company, and not its contractor, 1t haC
to deal The matter was finally disposed
OF for the time being by the city solioito
being instructed to commence proceeding
against the Independent Telephone com
pany to compel It to repair and relay tn
defective paving.
At the request of a number Of interested
property owners. the action in ordering
Logan street brought TO grade was re-
scinded.
Property owners on Glen avenue who's
holdings back onto Park avenue and VIII
have been assessed for the curbing on tn
latter street filed notice OF appeal from IN
assessment to the district court.
A petition asking that Nineteenth avenu
be opened up across the railroad track
between Sixth and Fourth streets an
Fourth street between Eighteenth an
Nineteenth avenues was referred to IN
committee Of the whole.
FnIinE Up the Greek.
, I Councilman Maloney complained that a
soon as the work Of widening and deepsr
ing the chanel OF Indian creek was CON
pleted. people living along the stream Ia
again commenced 20 use 1t as a deposltor
for tin cans and all kinds o. refuse an
garbage. At his request he viii be above
the services OF Sidewalk Inspector Petel
, son for a few days TO serve motive on a
property owners and residents along N
creek from Oak street TO Fifteenth avenu,
that dumping OF any refuse matter into n
bed Of the stream must be stopped. othel
! wise prosecution would follow. Mayor Ma
rae suggested that Investigation BE- mad
! at the same time by Peterson as to no
many private sewers emptied into the creel
The city solicitor was authorized, on re,
ommendation OF the judiciary committee
| confess judgment on behalf OF the city Il
I $50 and costs In the personal injury damas
7 suits OF Robert Price and John L Price.
The council adjourned 70 next Monda
night and viii meet as a eoHmittss OF II
I whole Wednesday afternoon
Z | NOT PAT CROW, But old CROW