Show PROBLEM SOLVED y 1 IN PARTIAL WAY Authorities Come to Preliminary Preliminary Preliminary nary Understanding on Im Improvement Improvement provement Contracts OPINION BY JUDGE HILES HUES CITY ATTORNEY CONSTRUES LAW FOR COUNCIL The tangle created by b the new law lawIn lawIn lawn In n relation to the the th letting of contracts for or public Improvements was partially straightened out yesterday afternoon when the board of public work the street and finance committees of the council I L Ii C Kelsey city engineer J JA JA JA A Dininny assistant city attorney and Mayor Thompson met It was wag decided that the law is root not as harsh as it has ha been painted and that tho the cry raised by the American party leaders is baseless that the city would have to stop all contemplated improvements The meeting was called to consider various arlous phases of the Moran bid for paving West Vest Temple street from Fourth lo Fifth South streets and Brigham street from Thirteenth East street to tha reservation which the board hoard of public works took up Friday evening ev At the outset the tho long expect expected ed opinion from the city attorney was read In it Mr Hiles lilies simply stated the main features of the new laws In re repard regard pard gard rd to the question under consideration consideration I tion he commented Judge Miles Hiles Opinion i iThe The act requires that bids for doing Ute the lie work in front of each block lot or part thereof or piece of ground in front of Df which tho the improvement extends ahall be severally advertised for and anda a It separate contract let for each such blocks or lots or part thereof or piece of ground The opinion however was silent on the methods of procedure under this t Y new flew n w legislation and this was left to the council and board of works to decide after nt r perusing the opinion Councilman Tuddenham was the first to tf throw light on the problem He stated that he did not believe the opinion opinion opinion ion made it necessary to advertise for forbids forbids forbids bids and let contracts for each and distinct parcel of property in front of which the improvement extends He said eaid that In any event such a construe construction construction tion of the law would be absurd and andas andas as ns It was open to controversy it was not needful that the council or the board take the most technical and Strict interpellation of its terms Believes It Is Elastic proposition is this he lie said The rhe law means that we can advertise for any an paving extension whether it be for one or ten blocks in iQ the same way w v have done heretofore When the thel l hi bIJ are received and awarded the en engineer engineer engineer shall take each block separately ard figure out the entire cost of the worl ork vork on it and then apportion it to tb th amount of frontage they have Then when tho block is finished the as can cnn be made mado immediately and the contractor receive his money and this plan can be followed as each sue suc succeeding block Is completed Councilman Carter agreed with the and so did Chairman Leonard of the board of public works and Councilman Black Councilman Fernstrom could not see how hov ho this could be done and he e con contended contended contended tended that the intent of the law was to make each property owner pay pa the exact cost of the work done in front of his ground That is if there is a big cut In Ir one end of the block the proper in that end will have to pay ay more than the In the theother theother theother other end where no cut is necessary Claims It Is Unequal Councilman Carter explained that this was not a fair interpretation as the man at the level end of f the block blod would benefit from the pavement of the whole as much as his neighbor at atthe atthe atthe the other end and should shoud bear the same proportionate share of the ex cx expense expense pense This view was concurred in by near nearly nearh nearly ly h all those present with the exception of Councilman Fernstrom who stuck to his original opinion After discussion it was decided to settle the matter for good and all by making a 0 test case of tho the paving con contract contract contract tract on West Test Temple and Brigham streets It was pointed out that contract covers coven all the disputed points and would be an ideal one on which to base a friendly suit in order to deter determine determine determine mine the tha exact status of affairs It was proposed that one of the prop on en one ono of these streets be induced to bring mandamus proceed proceedings proceedIngs proceedIngs ings against the city recorder to pre prevent prevent prevent vent him from signing the contract after it has been awarded and In this manner bring the points at Issue Is be before before before fore the courts This must be done quickly as the supreme court will soon be unable to enter tho the case on its April term calendar If this is not done the final adjudication of the dis dispute dispute flute could not be bo had until September at the earliest Moran Gets Contract After Arter the adjournment the board of public works met and formally let the contract to Mr Ir Moran This would have been done Friday night had not a dispute arisen as to the engineers es estimate estimate estimate which was approximately lower than the bid of Mr Moran The question at issue was as whether the city could levy an additional assessment on the property to cover cover the extra cost costas c costas st stas as the assessment based on the en engineers engineers engineers estimate had already been le levied levied levied vied The members of the council pres nr present s sent ent assured the board that it would be bean bean bean an easy matter to rescind the old as assessment assessment assessment and make a new one and thus obviate the contemplated difficulty This will be done During the proceedings L C Kelsey y city engineer was asked whether he lie did not consider the bid too high He said that he made his estimate last l t tear year ear when the price of material was waslow low lor 10 and that although the price asked seemed a trifle stiff he ho did not think it exorbitant The text test of the city at attorneys attorneys attorneys opinion follows Opinion in Full At the last session of the state leg legislature legislature there was enacted two stat statutes statutes statutes utes which effect and change the man manner manner mannor ner nor of levying special taxes for street and other public improvements in Salt Lake City and also the manner of making contracts and also the manner mann manner r of issuing i evidences of in indebtedness s against the special tax funds created to pay for such Improve Improvements improvements Improvements ments The first of these enactments is an act amending section 2 7 of the re revised revised revised statutes of 1898 and Is chapter of the session laws of 1907 This act provides in substance that special taxes may be levied as the Improve Improvements Improvements improvements ments are completed in front of or along or upon any block or lot or part thereof or piece of ground or at the time the improvement is completed as shall be provided In the ordinance levy levying levyIng levying ing the tax provided that any levy leY of ofa ofa ofa a special tax for special improvement shall not be made until the cost of such sueh improvement shall first have been as ascertained ascertained ascertained by contract duly let to the lowest responsible bidder after publication publIcation tion of notice for at least twenty days In a newspaper of general circulation published in the tho city where such im improvements improvements are to be made and the cost of such improvement shall shaH not ex exceed excEed exceed to the property owner the amount of the contract entered into for the performance of the work provided fur further further further ther that bids for the doing of all work contemplated by each special Improve Improvement improvement improvement ment shall be separately solicited and anda a separate contract c be let as above provided Provisions of Act This act was approved March 23 1907 and by Its terms took effect upon its approval By the express terms of this statute it Is required First That the tax shall specifically relate to the block lot hot or part thereof or piece of ground In respect of which the tha levy leY is made Second That no tax shall be levied until the Improvements are completed In front of or along or upon any block lot or part thereof or piece of ground until the improvement Is entirely com corn completed completed Third Tho act requires that the bIds for far doing the work in front of each block lot or part thereof or Of o piece of ground in front of which the improve improvement Improvement improvement ment extends shall be severally adver advertised advertised for and a separate contract let for each cach ach such blocks or lots or part thereof or piece of ground Limitation of Contracts This statute must be followed in re respect respect respect of all special taxes levied or im improvements Improvements Improvements and contracts made subsequent subsequent subsequent quent to March 23 1907 1901 The statute does not affect or govern any tax levied or contract actually made before March 23 1907 1901 A contract Is deemed to have been made only after it has been passed upon by the board of public works and approved by the city council and signed by the parties as required by b the stat statutes statutes statutes utes There may hereafter occur or arise questions respecting methods of pro procedure procedure procedure under this new legislation about which I am now called upon to express an opinion and therefore such ques questions questions questions are reserved The other act before referred to is isAn isAn isAn An act regulating and defining special tax funds in cities of the first and sec see second second ond class and providing for the issue of warrants against the same With Reference to Cities Section 1 of this act provides that in cities of the first and second class in each case where the city levies or assesses any special or local tax for forthe forthe forthe the making and paying for any local improvement or improvements all money paid into the city treasury treasur in payment of said special tax levies leles or assessments or interest thereon shall hall hallbe be deemed to be part of and constitute a fund for the payment of the costs and expenses of making such local im improvement improvement improvement provement or improvements and for no other purpose The costs and expenses aforesaid shall include the contract price engineering Inspection publish publishing publishIng publishing ing notices and making of tax levy This legislation I think by fair con construction construction of its terms authorizes the city by b ordinance to levy a tax tat sufficient sufficient dent to meet the expense of engineer engineering ing inspection publishing notices and the making of the tax levy including the contract price for each particular piece of work done under the provisions of section 21 of he Hie revised statutes as amended as aforesaid and such ex cx expenses expenses of engineering Inspection pub publishing publishing publishing lishing notices and making of tax tnt levy should be provided for in the contracts to be paid out of the special tax fund and not otherwise The other parts of the act under no notice notice nolice tice lice provide for issue of special coupon warrants as evidence of in indebtedness Indebtedness indebtedness against the special tax or improvement funds It Is provided that these warrants shall be issued only in amounts of and and 1000 ex cx except except that the last warrant issued in set settlement settlement in full of any claim against any special tax fund may be drawn in hi any sum less than This act does not repeal either ex cx expressly pressly or by necessary implication the acts of March 9 1905 laws of 1905 page 86 which provides for the issuance Issuance ance mice of script against any special tax funds therefore both laws which au authorize authorize authorize the issuance of special warrants and the issue of script are in force and any person who has a claim against any special tax fund may ma at his elec dec election election I tion take either a special warrant or scrip as evidence of his claim against the same I |