The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-08-08
CITY DADS HOLD
LENGTHY SESSION
NUMEROUS MATTERS DISCUSSED
AT SESSION or CITY COUNCIL
LAST NIGHT - PAVING CON-
TRACT IS LET TO JAMES
KENNEDY.

and unlnteresting, and the evening
was filled with much business routine.
Several petitioners appeared before
the city fathers making numer-
GUS requests, all OF which were re-
ferred to various committees to be re-
ported on at a later date.
The contract for the paving Of First
avenue north between Fourth street
north and Roberts street was let to
James Kennedy, the lowest bidder, and
creosote block was designated as the
paving material to be used. On advice
of the city attorney, a motion Of Mr..
Cupler to continue with the paving of
that portion Of the alleys advertised
several weeks ago by the city auditor
at the direction Of the council. was
defeated and the council authorized
the auditor to advertise again for such
alleys as will be paved. Mr.. Kennedy,
the lowest bidder on these propositions,
stated that considering the question
Of the validity OF the paving Of these
alleys under the present advertisement,
he would place in his bid exactly at
the same price quoted in the original
bid under the new advertisement.
Agitation Over Bank Building.
The main argument or any moment
during the evening was that between
Alderman Bowers and City Engineer
Anders, in which rather tart and caus-
tic remarks were passed back and
forth between the two. 1t arose when
Alderman Stewart asked for a report
on the bank building from Mr.. Anders,
who stated that he had none to make
in writing. but on request of the mayor
he made an oral report, which started
the controversy.
The city engineer reported that the
agitation over the property line in con-
nection with the building of the new
Fargo National bank structure, in
reality dated back to last fall while
the Kaufman building on Broadway
was In the course Of construction. He
said at that time his attention had
been directed to an area way which
was being made out In the sidewalk in
front of the Kaufman building beyond
the property line, and that on his re-
quest the contractor and Messrs. Stern
and Kaufman, owners Of the building,
had agreed to keep within the property
limits and raised not the slightest pro-
test to his criticism of the building at
that time.
About two weeks ago. he continued,
his attention had been called to the
fact that the new Fargo National bank
building was being built out over the
property line, that the water tables
portruded about four inches into the
sidewalk and the entrance several
inches further. When he called the at
tention of Mr.. Hector to the matter,
he said, the president of the bank took
another view Of the situation.
City Engineer Anders stated that
Mr.. Hector told him that men invest
ing such an amount Of money in such
property and building as the new
bank building, should be allowed to
put building out in the street. He
said when he granted the building per-
NIT he did so on the basis that the wa
ter tables Of the building should extend
about four inches out over the prop
erty line. But two weeks ago, Mr..
Anders said. when he saw what was
actually being done, he endeavored to
prohibit the building from going fur
Their, but said that it was evident the
bank had gone over his head in the
matter and had continued with the
work.
Stewart Wants to Know.
Alderman Stewart wanted to know
who gave the bank corporation any au-
thority to proceed with the construc-
ton of the building after the city en-
gineer had given orders that it was not
TO proceed further, Mayor Lowell told
him that no one had teh authority to
grant permission to any one to extend
buildings into the street.
Mr.. Stewart said some one must
have given the bank such permission
for 1t had gone over Mr.. Ander's head
in the matter and proceeded after he
had served notice on the corporation.
Then Mr.. Anders explained more in de-
tail about the situation, going over
again to great extent what he had
previously told the council.
Alderman Bowers, who is the con-
tractor for the new building called at
tention to an ordinance that permitted
the projection of water tables of any
public building to a distance OF at
least four inches beyond the property
| line, and stated that the new Fargo
1
erected in strict accordance with the
lieral Interpretation of the ordinance.
Mr.. Anders stated that he was not adj
vised about the legal phase of the or
dinance, that such might be the case.
but he did not know It.
II know of no ordinance giving peo-
pie the right of building in the public
streets" said Mayor Lowell. mo city
council has the right to pass such
ordinances. nor to grant such powers
to any one, and I would doubt the va
lidity of such an ordinance even
though it is on the city ordinance
books"
The mayor called attention to the
fact that an ornamental building, such
as the new Fargo National bank build
ing would be when completed, would
be quite bereft of any ornamentation
if II did not have this handsome door
Il way. He also drew attention to the
ornamental entrance of the First Ma
i tionaI bank and the Merchants Ma
tional bank. both Of which project into
the street a trifIe, and he said that
while none Of them had the right to SO
4 construct their buildings, yet to try to
change the new Fargo National bank
building now would not be quite fair
to the other buildings. Then he also
drew attention TO the recent transact
II ton with the Standard Oil Co. whose
. building projects about two feet be-
!. You'd the property lines. and he felt
. that II at least would be the proper
thing for the city council to serve no
tice on the Fargo National bank of its
intention il, the matter az had beer