Arizona republican., 1912-08-21
NJ ACTION 0N
 SEWER MATTER
But City Council Passed a Jolly Evening Discussing New Paving Law and Other Things of a Vexing Nature

to the city council now is what has become of City Attorney Prescott. He was permitted to go away on his va cation and now the council wants him and cannot locate him. He may have dropped into the sea but it is more than likely that he is purpOsely keeping away from the pOstOffice and telegraph office emulating Admiral Dewey in cutting all wires behind him. The council called a meeting for last night to take action on a sewer connection ordinance and the city attorneys presence is necessity when that is done. telegram was sent to him Saturday night in the eX- pectation that he could be hurried home for last nights meeting, but he is doubtless moving around in his vacating and has not received the
 message. Anyhow he has not re- piled The mayor announced that he would call another meeting as soon
 as the attorney can be called back Meanwhile attention was given to other things for there is always something the council can work at 1 if it wants to. The matter of grant ing somebody a street carnival fran chse during the fair has been in abeyance some time and conflicting interests desire the privilege. The council desires to favor the fair com mission yet fears that in passing it over to the commission both the commission and the city may be | jobbed. The matter was discussed freely last night and disposed of by motion to defer action until the council and the fair commission can hold joint meeting.
 A leave of absence of thirty days was granted Roy Troutman, assistant tax collector.
 Property owners in the block be- tween Seventh, Washington and Adams streets again brought up the alley question that has been before the council for years and like Ban uuo's ghost will not down. IL was | impossible to do anything until an abstract of the property is brought down to date and that is a matter | that was left with the city attorney | also
 On petition of citizens an arc lamp was ordered installed at the corner | of Seventh and Polk streets.
 | The rest of the evening was de- voted to an elementary study of the new improvement law under which it ] is hoped the street paving may be hurried along and the missing patches closed up on those streets where the
 greater area is already paved City
 Engineer Holmquist, Paving Con tractor Conway and his counsel, J. IL, Gust all spoke to the council outlining the provisions of the new law which is designed for two .pur- poses One of them is to make the fellows pave who will do it unless he is forced and the other is to finance those who would like to pave but haven't got the money. And this is not a city ordinance but state flaw. As it was drawn. to apply to ian cities in the state it makes some changes in the methods under which the earlier paving was done in Phoe-
 nix, a particular case in point being
 that there is no recognition of a
 paving commission as a contracting
 authority The city may have all
 the advisory paving commissions it
 wants but the contracts with the
 paving company must be made by the
 superintendent of streets. The method
 of proceeding under the law is in
 brief. as follows:
 The city council first fixes the
 grades in the district proposed to be
 paved by passing an ordinance pre-
 pared by the city engineer or on his
 data The council then passes re-
 solution of intention to grade, defin-
 ing the bundaries of any particular
 district it has in mind. This must
 be published ten times after which
 opportunity is given for the owners
 | of property in the district. to protest
 against the proceeding. If the owners
 of more than fifty per cent do so
 the game is all off But if less than
 50 per cent protest then the council
 may proceed under the resolution of
 intention, advertising for bids for the
 work The street superintendent shall
 make a contract with the lowest bid
 der in conformity with the specified
 tions he has prepared In reciting
 how the paving is to be paid for the
 story reverts to the provisions of the resolution of intention.
 That resolution may provide either one of two ways as to who shall pay for the paving. It may be as sessed to the owners of property abutting the paving, or it may in the wisdom of the council be assessed proportionately to all the property in the said specified district if the l paving is deemed to be such that it benefits the entire district alike in way that would make such di- vision of payment desirable.
 There are also two methods of pay ing. The resolution shall set forth that the paving may be paid for in cash within thirty days after it is finished. or failing to do so, bonds l may be issued to the amount of the cost of the paving. on the abutting property, bearing six per cent inter est, the bonds to be taken by the paving company in payment The courts have held that such bonds become first lien on the property even taking precedence over a realty | mortgage.
 In all these transactions the citA acts merely as an agent for the property owners, issuing the bonds by it's authority on their property In no case can the city ever bt | called upon to pay the bonds ant | | 10 aNnppSa Of al pnhlica