02/28/1949 Meeting - Laserfiche WebLink

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~ 331 REPORTS OF COMMrTTEES I 6 A REPORT OF THE PUBLIC WORKS COMMITTEE - RE: COUNCIL BILL No. 484 - LEVYING ASSESSMENT FOR CONSTRUCTION OF A SEWER BETWEEN WASHINGTON AND JEFFERSON, 15TH TO 19TH AVENUE WAS SUBMITTED AND READ AS FOLLOWS: ~).~ ..:....J . ....:.... ",. I "YOUR COMMITTEE ON PUBLIC WORKS TO WHOM WAS REFERRED COUNCIL BILL 484 ASSESSING COST OF SEWER CONSTRUCTION IN ALLEY BETWEEN WAS~INGTON AND JEFFERSON FROM 15TH TO 19TH AVENUES BEGS TO REPORT AS FOLLOWS: THAT IT GAVE FULL DISCUSSION TO THE SUBJECT OF ASSESSING THE COST OF THE NEW 10 AND 12 INCH SEWER IN THE ALLEY BETWEEN WASHINGTON AND JEFFERSON FROM 15TH TO 19TH AVENUES AND RECOMMENDS IN THE CASE OF THIS PARTICULAR PROJECT, THAT THE OWNERS OF THE PROPERTY SERVED BY THE SEWER BE ASSESSED FOR AN AMOUNT EQUAL TO THE DIFFERENCE IN THE COST OF AN 8-INCH SEWER INSTALLATION IN THE DESCRIBED ALLEY AND THE COST OF THE 10 AND 12 INCH SEWER AS INSTALLED AND THAT THE CITY PAY THE REMAINDER OF THE COST OF THE PROJECT WHICH WOULD BE AN AMOUNT EQUAL TO THE CURRENT COST OF AN 8" SEWER INSTALLATION. THE PROPORTION OF THE COST ON THIS BASIS TO BE BORNE BY THE BENEFITTED PROPERTY OWNERS IS COMPUTED TO BE 50% WITH A LIKE AMOUNT TO BE PAID OUT OF THE SPECIAL SEWER FUND OF THE CITY. THIS RECOMMENDATION IS BASED ON THE FACT THAT THE ACTUAL RECONSTRUCTION WAS LIMITED TO THE AREA SERVED BY THE 8-INCH SEWER INSTALLED IN 1913 BUT BENEFITTED A LARGER AREA. THE COMMITTEE WAS IN ACCORD IN THIS ACTION AND DESIRES THAT IT BE STATED IN THE RECORD THAT THE ABOVE DECISION AND RECOMMENDATION IS BASED ON THE FACTS IN THIS PARTICULAR CASE AND DOES NOT NECESSARILY CONSTITUTE THE POLICY FOR FUTURE SEWER EXPANSiON OR EXTENSION PROJECTS. THE COMMITTEE ALSO DISCUSSED VARIOUS BASIC POINTS WITH THE CITY ATTORNEY IN CONNECTION WITH LOCAL IMPROVEMENTS. IT BELIEVES THAT THE FOLLOWING ARE CLEARLY ESTABLISHED. I. THAT THE COMMON COUNCIL HAS FULL AUTHORITY TO INITIATE AN IMPROVEMENT AND TO ASSESS THE COST OF SUCH, PROJECT WITHOUT THE CONSENT OF THE OWNERS OF ABUTTING PROPERTY. 2. THAT THE IMPROVEMENT THAT HAS BEEN PAID FOR BY THE PROPERTY OWNER DOES NOT BECOME THE PROPERTY OF SUCH PERSONS BUT IS PUBLIC PROPERTY TO BE ADMINISTERED BY THE COMMON COUNCIL OF THE CITY. I 3. THAT THE COMMON COUNCIL HAS FULL AUTHORITY TO ORDER RECONSTRUCTION TO ENLARGE THE CAPACITY OF A SEWER PAID FOR BY OWNERS OF ABUTTING PROPERTY WHEN THE SEWER NO LONGER SERVES CERTAIN OF SUCH PROPERTIES ADEQUATELY, AND TO ASSESS SUCH PROPERTIES FOR THE BENEFITS RECEIVED. 4. THAT THE COMMON COUNCIL CANNOT BE HELD LIABLE FOR FAILING TO BUILD A SEWER OF ADEQUATE CAPACITY TO MEET REQUIREME~TS THAT 'COULD NOT ~AVE BEEN FORESEiN UNLESS NEGLIGENCE ON THE PART OF THE COUNCIL IS SHOWN BY AFFIRMATIVE EVIDENCE. THE COMMITTEE ALSO RECOMMENDS THAT THE CITY MANAGER'S OFFICE BE INSTRUCTED TO AMEND THE PROCEDURE INITIATING LOCAL IMPROVEMENTS TO INCLUDE AN APPROVAL OF THE PROJECT ON THE BASIS OF VALUES OF ABUTTING PROPE~TIES BEFORE APPROVAL CAN B~ GIVEN TO THE IMPROVEMENT ORDINANCE." IT WAS MOVED BY HAWN, SECONDED BY DAVIS THAT THE REPORT AND RECOMMENDATION OF THE COMMITTEE BE APPROVED AND THAT A CORRECTED COUNCIL BILL BE PRESENTED TO THE COUNCIL. MOTION CARRIED. 7 A FURTHER REPORT OF THE PUBLIC WORKS COMMITTEE - RE: MANAGER'S REPORT ON FINANCING SEWAGE DISPOSAL WAS SUBMITTED AND READ AS FOLLOWS: I "YOUR COMMITTEE ON PUBLIC WORKS TO WHOM WAS REFERRED CITY MANAGER'S REPORT ON FINANCING THE PROPOSED SEWAGE DISPOSAL PLANT BEGS TO REPORT AS FOLLOWS: THAT CONSiDERATION WAS GIVEN TO THE MANAGERS REPORT PERTAINING TO THE FINANCING OF THE PROPOSED SEWAGE DISPOSAL PLANT AND IT WAS UNANIMOUSLY AGREED BY THE MEMBERS OF' THE COMMITTEE AND IT IS THE R8COMMENDATION OF THE COMMITTEE THAT TH€ BASIC MONTHLY SEWER SERVICE CHARGE BE INCREASED FROM S .25 TO SI.OO WITH PROPORTIONATE INCREASE TO BE MADE IN THE HIGHER BRACKET OF WATER CONSUMPTIONS AND THAT SUCH SCHEDULE FOR VARIOUS VOLUMES OF CONSUMPTION BE CALCULATED BY THE CITY ENGINEER TO COMPLETE THE SCHEDULE OF CHARGES. IT IS ALSO THE RECOMMENDATION OF THE COMMITTEE THAT THE SUBJECT OF WATER AND SEWER USERS LOCATED OUTSIDE THE CITY BOUNDARIES BE REFERRED TO THE CITY MANAGER'S OFFICE FOR STUDY FOR A RECOMMENDATION FOR AN UPWARD REVISION OF SUCH RATES." IT WAS MOVED BY SMITH, SECONDED BY CRUMBAKER THAT THE REPORT AND RECOMMENDATION OF THE COMMITTEE BE APPROVED AND THAT AN APPROPRIATE COUNCIL BILL BE PREPARED FOR CONSIDERATION. MOTION CARRIED. I 8 A REPORT OF THE SPECIAL TRAFFIC COMMITTEE - RE: ONE-WAY STREET GRID WAS SUBMITTED AND READ AS FOLLOWS: "YOUR SPECIAL TRAFFIC COMMITTEE BEGS TO REPORT THAT YOUR COMMITTEE MET ON THURSDAY, FEBRUARY 24, 1949 WITH THE TRAFFIC COMMITTEE OF THE CHAMBER OF COMMERCE AND REPRESENTATIVES OF THE PLANNING COMMISSION TO DISCUSS THE OPERATION Or THE ONE-WAY GRID SYSTEM; THE PROPOSAL OF THE STATE HIGHWAY DEPARTMENT FOR A CHANGE IN THE TRAFFIC ISLAND CONSTRUCTION ON THE HIGH- WAY AT BROADWAY AND THE MILLRACE, AND THE ISLAND CONSTRUCTION ON THE HIGHWAY AT ITS JUNCTION WITH 11TH AVENUE EAST AND AT AGATE STREET WHICH HAVE BEEN THE SUBJECT OF LOCAL CRITICISM. ......