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HomeMy WebLinkAbout07-05-1921783 M . to view said property and,assess the damages wbichmigbt be occasioned by such con- demnationg w)Aoh report�wasfil ' ed.with the City Clerk of said City on June 14t]; 19219 !,on the following grounds9 viz.: I First: Tb%t said Common Council bad no power or autbDritY to appoint said Icommissioners or to acquire said property* Second: That the resolution of said Common Council ordering that said street iibe laid out and opened was not passed and adopted as,required by the Charter of said ,1C ity, and the rules of'iaid Common Councili if T11rd: That the said resolution was unautbDrized and voidi Fourth-., That no description olf the street"to be opened was contained in said iresolutiona. J! I! Fifth: That t be resolution of said Common Council condemning certain lands 'for the purpose of extending SixthAvenueq Northwest, and appointing said Commissioners s not passed and adopted as q id City and rules of s re uired by t be C barter of Sa aid 4P, 11wa r common Council@ Sol a Sixth: That t he re ution of s id Common Council condemning certain lands ifor the purpose of extending Sixth Avenuel NortIvest and appointing said Commissioners ontained no description of said above described lands owned by Cltcago and Nort1r ile I -,western Railway C ompanye Seventh.- Tbat'no notice was given by iaid., Commissioners of the filing of a i,plat of t be land proposed to be taken or of t to time and place at w1de h t bey would Imeet and proceed to view the said premises and assess the damagesd Eig1th., That said report of said Commissioners was unautbDrized and void. Nirth: Tbat the provisions of the Cbarter of said City of Rochgoter relating fto t1v condemnation of lands by said City are unconstitutional and void* Tenth: That no notice 'of said proceedings of any of them or Of tba land pro-, I posed to be taken or acquired was given to, or served upon, the said Cbicago and Nortbr 1western Railway Companyi T.bat no public necessity exists for the taking of said property, Eleventh: f Twelfth.- That the taking of said property was not for public use-i TIArteenth: That tbD damages assessed by said Commissioners f or t bo taking !:of said above described property are inadequate -and insufficient4 Fourteent b: That, t be provisions of the city a barter of said city of Roo baster under wbich tbo proceedings above referred to are taken are unponstitutional and void in that tbey purport to autbDrize the taking of private property of this objector witIr 1, 'out -due process of law� a ba, Fifteentb.- That the proceedings berein are unconstitution 1 and void in t t i "it is attempted bereby,to take the property of tbis objector witkDut due process of . ilawd I' 11 Sixteentb: That' tbm proceedings barein and tbosp provisions of the city 11 c barter of said city under wbic lit bo same are p1hr'ported to be taken are unconstitution- 1�1 and void in that there is no notice provided fbr and no notice was given to this n be 16bjector of tbo intention of t1s, city council of said city to,meet and act upo t proposed Improvement. Dated June 30t]; A*Ds 1921& if CEICAGO AND NORTHNESTERN RAILWAY COMPANY9 By Brown Somsen-Sawyer Geo., W. Granger,, Its Attorneys* Z =J 791 I Co ME special assessment for the cost and expense.of.said improvement$. Motion by Erickson second by Witzke that said resolution be adopted as read: Roll Call: Ayes: Case, Erickson,.Prankv Olsong Witzkei Nays: None* President Weeks declared said resolution passed and'adoptedi C Aldermaji'Witzke introduced the following resolution which was read** Be it resolved*by the Common Council of the City of Roebester: t T lat t he bid of Imi C ox Fra'ser'to construct a sanitary sewer in Nint h Avenue Soutbeast from the center of Fourth Street Southeast and running thence south to a point��400 feet south of the cent6r of said Fourth Street Soutboast,, according to the plans, profiles and specifications tbera6W now on file in the office of the City Clerk of said Citys, at the following prices: be, 400 ft. 8 inch Vita -Pipe'Sewer at $li4o per foot 16 6 inoh on 8","Yw connections each $100 1 ManbDle each. ' $70800 Loose rock excavation', per cua yds 4eOO 0 71 Solid 8000 Sand 4.00 I and the same is hereby acceptedi t I I z ;,� - r TbD Mayor and City Clerk of said City are hereby autlorized and directed to execute in-bebalf of t)v ' City of Roeboster,, a _contract with said contractor for the above mentioned Improvements - T)v amount of t1r bond to be given by said contractor is hereby fixed at the 9'UM of $1800*00 dollarsti Motion by Olson second by Frank that said resolution be adopted as read: Roll Call: Ayes: Case, Erickson, Frank, Olson, Witzkes Nays: Nonei President Weeks declared said resolution-passed.and adopteds Alderman Witzke'inttoduc'ed tbD following resolution which was read: Be it resolved by"tbe Common Council of the City of Roebester: t Tist tbs bid of Im. C. Fraser to bonstruct a sanitary sewer in Eighth Street Nortbwest from thi center of BrbadwiLy Street North to a point 100 feet east of the east line of SecotLd Avenue Northr�stt according to the plans, profiles and specifica- tions there now"on file in the office of the City Clerk of said Citys at the follow- ing prices;�" 625 ft. 8 inch Vitj Ztpe Sewer per foot $li50 20 6 inch on 8 inch "Y" connections, each 1000 2 ManbDle's, eaa'h$70 14040 Loose rock excavation, per cua yda 400 Sand 4400 Solid 8a;OO be, and the same is kereby accepteds T be Mayor ' and City Clerk of said City are hereby authorized and directed to execute in belulf of the'City of Rochesters a contract with said contractor for the above mentioned improvftenta The amount of the bond to be given by said contractor is hereby fixed at the sum of $1800iOO dollarsi Motion by Case second by Witzke t1st said resolution be adopted as read: IlRoll tall: Ayes: Case, Erickson, Frankq'Olsonq Witzkea Nays: Nonei President Weeks 11 ,deblared said resolution passed and adopteda 'iroduced the following resolution wbich was read: Alderman Witzke In 1-1 j - Be it resolved by the Common Council of t1V City of Rochester: 795 and motion by Olson second by Frank carried t1st the said recommendation be accepted and that t-be said sanitary sewers,,�As above described, be accepted as completede Final estimate ' in favor of Wm* C.,Fraser for the construction of a sanitary sewer in Sixth Avenue Southwest from t1v center of Sixth Street Southwest to a point 110 feet south of the south line of Fifth Street Southwest, in the amount of $35602; Estimate Noi 1. whic h is- f inals in f avor of Ime C. Fraser f or t be construotion of a sanitary sewer, in Second Avenue Nort-1west from the center of Sixth Street NortIvest to ths center of Fifth Street NOrtbwest, in the amount of $1452iOl; final estimate in fav- or of 1mi C. Fraser for-tbe construction of a sanitary sewer in'Second Avenue South- east from tbe.,center of Four-PhStrept Southeast to a point 292 feet south, in the amount of $lllil6; final est1mate,in favor of This C.,Fraser for the construction of a sanitary sewer in Eighth Street Southwest and Eig1th Avenue Southwest,, in the amount of,$203'0-08; final estimatein favor of 1h. C. Fraser for the construction of a sanit- ary sewer in Tenth Avenue Northeast from the center of Fifth Street Northoast to the center of Se'cond Street Nort,beastg in t1v amount of 0179e49; final estimato in favor of Wme C* Fraser for the construction of a sanitary sewer in Seventh Street Northeast from the center of FirstAvenue.Nortbeaqt to a Point 303 feet east, in the amount of $90416; estimate Noi l,'.wbdLehis finals in favor of Tca. C. Fraser for the construct- ion of a sanitary sewer in Eig1th Street.Nortbeast from the center of First Avenue Nort beast to a point 400, f eet east, , in t be- amount of $749155; and estimate Noi 19 which is final, in favor of_�Wmo Ce Fraser'for the aonstruction of a sanitary sewer in Tenth Street Nortboast from the center of First Avenue Northeast to a point 303 feet wests in-tbe amount -of 4454&95�ea6h prepared by Charles He Armstrong., City Engineer, were each separately read,--and.motion by Olson second by Erickson carried that each of said estimates be ae66pted and placed on filei f Alderman Cases as Chairman of tba Street and Alley Committees recommended that the grading of SixthStreet Southeast from Third Avenue Soutivaat to Eleventh Avenue Southeast be accepted as completeds ' and motion by Olson second by Erickson carried t9t tbD said riecommendation be acoe�ted and that the said grading, as above described, be accepted as 6ompleteds President Week's at this time excused Alderman Case who left tle Council h-,�ib e r si Final estimate'.9- prepared by Charles H. Armstrong, city Engineer, sbDwing th3 sum of $1072jlO as. being due Wine Ce Fraser for the grading of Sixtb! Street South- east from Third Avenue, Southsast to Eleventh Avenue Soutbeasts was read, and motion by Olson second by Erickson carried that the said estimate be accepted and placed on f ilea Alderman Case, I returned to the council Chambers and again took his Clsir. Alderman Erickson introduced a resolution appropriating $15843i8l from the Permanent Improvement ReVoliing Fund and ordering pa-guent made to C. W. Schrath in payment of Estimate Noi.'� fo�r paving and curbing of First Avenue Northwest from the south line of Sixth Street Northwest to the Chicago and Northwestern tracks,, wItch was read, Motioft by Witzke second by Frank t Ist -said resolution be adopted as read: Roll Call: Ayes:'Case,�Ericksonl Frank, Olson, Witzke. Nays: None* President Weeks declared said resolution passed and adoptedi Alderman Witzke introduced a resolution appropriating $1822473 from the Permanent Improvement Revolving Fund and ordering paynent made to Fielding and Sli-,P- ley, Inca)in payment of Estimate Noe, 1 for tile curbing of parts of Eigbth Street Southwest and EigbthAvenue Soutbwests whichwas readri I Motion by Ol's6n second by Case t1st said ' resolution be adopted as read: Roll Call: Ay6s: Case; Bricksons Franks Olson, Witzkeo Nays: None& President Weeks declared said rebolutidn passed and adopteda t Alderman Eri'ckson introduced a resolution appropriating $179@49 from the Perianent Improvement Revolving Fund and ordering payment made to roe C. Fraser in payr;ent of final estimate for construction of sanitary sewer in TenthAvenue NoRth" from the center of Fifth Street Northeast to the center of Second Street Nortbeastt whi.ch was read@ 800 said resolution passed and adopted@ Alderman "ank introduced a resolution appropriating $39UO400 from �from the Street and Alley Fund of said City, and ordering payment made to the lGeneral Fund of said City for the return of a temporary transfer made on May 3. 1921, whtch was readii Motion by Case second by Erickson't'bat'said resolution -be adopted as 1read: Roll Call:: Ayes: Case, Erickson, Frank, Olson.,Witzkes Nays:'Nonee Presi-k- I Ident Weeks declared said resolution passed and adopted* Alderman Erickson introduced a resolution appropriat�ng $4500103 frcm the Fire Protection Fund and ordering payment made to the Public Utility Fund of said City for kVdrant reAtal for the period, January'l,, 1921,, to July 1. 19219 Ion 120,,080 feet of water mains at $75sOGF per tbiousand feet., per annan,, w1dch was reads Motion by Erickson second by Frank t]3%t said resolution be adopted as read: Roll Call: Ayes: Case, Erickson, Frank, Olson, Witzkee Nays: None. Presi- dent Weeks declared said resolution passed and adopted* Alderman Olson introduced a resolution appropriating $8000*00 from the ire Protection Fund of�said City and ordering payment made to the General Fund said City for�tlr, return of temporary transfersof,$3000-00 made on April 5. 921., and $5000.00 made on May 259 1921 Jq wMah was readi, Motion by Olson second by Prank that said 'resolution be adopted as ead: Roll #Call: 'Ayes: *Case, Erickson.. Frank,,. Olgoon, Witzkeri Says: 'Nonei Pres- dent Weeks declared said resolution passed and adopted4 Alderman Vitzke introduced a resolution appropriating $319241 from 1�be General Fund'of said City and ordering payment made*to the Tiffin -Wagon Co. . 4tn payment of one note for $287700 due July 1. 1921, as part payment for com- 11P inatton sprinkler and flusber, per contract entered,into March 20, 1920,and P315&51 interest due on'said note and on one note ' fdr $2877*00, the principal of c s to become due July 1. 1922, wbic4vas,readio Motion by Frank second by Erickson that.said resolution -be adopted as read: Roll Call: Ayes: Case, Erickson, Frank, 01 son, Witzkei Nays: None* Presi- ent Weeks declaxed said resolution passed and­adoptedo� Alderman Frank intriodu ced a re soluti on appropriating $1148i98 from the �treet and Alley Fund and ordering paymefit made to the Dodge Lunber and Fuel Cos In payment of invoices dated�July 2*rlg2lt for $659*39 for 233 barrels of Port - �and cement, andJulY 2. 1921, for $489i5q for 173 barrels of Portland cement, de under contract,,wbich was read6 Motion by Case" second by Erickson that said resolution be adopted as read: Roll Call: Ayes: Case, Ericksoni-Pranki3Olsoni-Witzkee Nays: Noneb Presi- lent Weeks declared se4ld resolution passed,and..-adoptedia Alderman Er-ickson introduced.a*resolution,determining mode of assess- ent of opening and lay-ing out s'publiz streO,, ordering lists made, and fixing �Ime and place for h9aring,, etas) wbio,h was- read@ I Motion by Erickson second -by Witzko -tbat, s ' aid resolution be adopted as ead: Roll dall: Ayes: Case, Briokson,,Prank, Olson, Witz'ke. Kays: Nonei Presi- ent Weeks declared said resolution passed and.'adopteds. r The following, recommendation of,"tbe License Committee was read.- and otion by Case se-cond by Erickspn oarrAed tbat tbe� said, recommendatlon be' accept - Id and thst tte application for tba license mentioned be not granted: TTo the Members of the Common Council of the City of Roebaster:, 4entlemen:- -that thhq application' of S.E. Tbre License Committee - rjedommends Yager for a taxi license be not grantedo ated July Stl; 1921w LICENSEICOMMTTEE,' ---,PiedRiWitzke, C11%irman.