Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1911-08-23
CT TT COUNCIL /
PROCEEDINGS | /
Council Chambers,
Library Building.

son, Anderson, Hedin, Sperry and
Norman, 6; Absent: Aldermen John
son, Erickson and Dahlhei m,3. City
Attorney Stanford was also present.
A report from the City Engineer,
on the proposed brick smoke stack to
be built at the pumping station, was
read. The report was on motion ac-
copied.
Plans and specifications for the
brick smoke stack were presented
and were accepted.
Alderman Fredrickson offered
the following resolution which was
unanimously adopted.
RESOLUTION. :. ~:.
Resolved that the plans and speci-
fcations for the brick chimney and
concrete foundation to be erected
at the power plant, submitted by the
City Engineer, and now on file with
the City Clerk, be and the same are
hereby adopted. 1
Resolved, further, that the City
Clerk be and he is hereby instructed
to advertise for bids for the erecting
and construction Of said chimney and
foundation, the successful bidder to
furnish contract bond as provided
by law or in such greater sum as
may be fixed by the Council, and the
bids to be opened and considered at
the meeting Of the Council to be held
Sept. LIST, 1911, at 8 o'clock p. m.
Approved August 81, 1911.
E. C. WELLIN. Mayor.
The Committee on Fire Depart
ment presented plans and specifca-
tons for remodeling the fire station.
The matter was carried over to the
next meeting.
Mr.. 0. J. Nicholson appeared and
protested against a feed barn being
built next to his hotel property, as is
being talked about, and requested
that the council stop any one from
building such barn in that block.
! City Attorney Stanford presented
a written opinion in the matter Of the
petition Of bicycle riders to be al
lowed to ride on the sidewalks. The
said opinion was accepted by the
Council and ordered made part of
the minutes.
i Willmar, Mimi, Aug. IS, 1911.
City Council Of the City of Willmar,
! Willmar, Mimi.
|Gentlemen:
| The petition of certain citizens
asking that the present bicycle ord
finance be amended so as to allow rid
ling on the sidewalk when the streets
are muddy, and upon procuring a IL
cense, having been referred to me for
la written opinion, ] beg to submit
the following, assuming that your
honorable body desired advice on the
legal questions involved.
The great weight Of legal author
Iity seems to be that no duty rests
upon a City to forbid the riding of
bicycles on the sidewalks, and that
| in the absence Of an ordinance for
bidding such riding the City is not
liable for an injury caused by BIZ
|cycle rider.
Some cases hold however that
when anything done upon the streets
or sidewalks of a City becomes a
, public nuisance, it is then the duty of
the City to forbid the same by ordin-
ance and to inforce such ordinance
and failure SO to do will render the
City liable in damages for any injury
caused by said nuisance. If bicycle
riding upon the sidewalks should
again become as prevalent as it was
this spring, I should consider that
the same amounted to a public nuis-
ance, and it is possible, and indeed
probable, under such circumstances
that the City would be liable for dam
ages caused by bicycle riders, even
in the absence of an ordinance for
bidding riding on the sidewalks.
I may say that most all, if not all
municipalities Of the size of Willma1
have recognized that sidewalks are
exclusively for pedestrians, and have
passed and in force ordinances for
bidding riding bicycles on sidewalks
Many cities license bicycles and
many cities provide bicycle paths fol
their use, but I have yet to learn OF
I any city that licenses bicycles to use
the sidewalks, or allow them to ride
on sidewalks when the streets are
muddy. The Council of the City OF
Bemidji recently had presented to il
a petition similar to the one present
ed to your body, but it was not grant
ed, as far as | have been advised.
Should the city see fit to license
bicycle riders on the sidewalks, it is
my opinion, from an examination OF
the authorities, that the City would
be liable for any damage caused by
such licensed riders. The only way
the City could protect itself would be
to compel each icensee, before re-
ceiving his license, to give a bond in
a sum sufficient to protect the city
against any possible Judgment thai
might be rendered against the City