Year: 1876

NO APPROPRIATION FOR THE YEAR 1876-THE


CORPORATION coUNsEL's OPINION ON THE


SUBJECT.


The following communication was sent yesterday by
Ghe Corporation Counsel to the Commissioner OF Public
Works in relation to the repaying OF the strcets;-


In your letter to me OF the 25h OF February utimo
YOU called my attention 10 the provisions Of section


5 OF the charter Of 1873 relating 70 the repavng or
streets and also OF chapter 476 relating TO the same
subject, and requested my opinion on two points,
First whether said section lis Is repealed in whole or
an part second in case the provision OF the charter is
repealed by the act Of 1874 what manner the owners
of property previously assessed for the pavement OF
street, can procure the same to be repavedf


Section lilo or the charter referred TO by you, pro-
vides that no street. avenue, or public place IN THIS
city which has once been paved and the expense
thereof paid for by the owners Of adjoining property
by assessment shall hereafter be paved at their ex
pense, shall any assessment therefore be imposed,
unless the same shall be petitioned Tor by majority OF
the owners OF the property who shall also De tnc
OF majority Of the front feet on the line OF
the proposed Improvement


Chapter 476 OF the laws of1s75 provides that when
ever the Commissioners of Public Works shall certify
TO the Board Of Aldermen, that the safety heath OF
convenience Of the public requires the pavemens 1
any streets, avenues public places, said boaru snan
have the power to direct the requirement. OF the
streets avenues public places II Is also pr9yioeu
that the Of such requirement. shall DC lncuoeo
the estimate Of the Department of Public Works, and
shall be appropriated by the Board OF Esthate anu
Apportionmen and collected oy YAK uRor .Io
that the amount appropriated and rased shai not
exceed the sum OF $500, 900 in any one year.


Said chapter also contains the following proVlsons'-
sn case any OF the Streets avenues or public places
In said CITY shall have been once paved, and the ex
pense therefor assessed upon the owners OF adjoining
and benefited property the cost Of the repairing there
Of shall be by general assessment upon all the
taxable property in said CITY,"


/ am OF opinion that the provisions OF said chapter
A76 arc consistent with and rearm the provisions of
section 115 OF the charter far as said charter pro-
yides street. or public place which has
once been paved and the expense thereof paid for by
the owners Of adjoining property by assessment
should thereafter be paved at their expense and that
no assessment for such requirement. should be I'M
posed.


said chapter ats are inconsistent with and repealed
much said section 1l5 of the charter as authorized
repavement OF street and the laying OF an assess
therefor when the same had been pettioned Tor
by majority of the owners of property upon the line
OF the proposed Improvement Under the charter, q
street could be repaved and an assessment thereior
laid II petitioned for in the manner therein provided
under the act of 1875 assessment for requirement.
be made under any circumstances whatever, the
expense of the original pavement has been assessed
upon adjoining property but IN every sucn case OF re-
pavement the expense to be levied upon all the tax
able property the city and TO be PROVIDED
for by an appropriation maas 1no roows
therefore, that since the passage OF the act Of 1870
has not been in the power Of the Common Council 70
direct the requirement. OF any street. avenue or public
place once paved the expense Of adjoining property
owners the expense Of which was to be paid by assess
ments even though the same were petitoned ior oy
majority OF the property owners upon the street to be
repayed


how the requirement. Of any street. avenue or puolic
place be lawfully authorized by the Common Coun
Gil how lawful tract for such requirement. un
der an ordinance Of the Common Council be made
by the Commissioner OF Public Works, unless the
to pay therefor shall be hrst provided by an ap
preparation made by the Board of Estimate and Appor
tionment The only possible relief which could ot
afforded at present would be that If all or any portion
of the owners Of property any street were Wiling te
repave the same at their own expense they might ol
authorized so TO do by an ordinance OF the Common
Council