Show lafoley HA TILT WITH COUNCIL HIS OPINION AS TO ASSESSING COST OF macadamizing MACADA MIZING city attorney then reminds councilmen of an old opinion he of ferch them city attorney bagle last night submitted the following to the council ss to the assessing of the cost of macadamizing macada mizing to the honorable city council of ogdon alt gentlemen in reply to a communication of inquiry from your honorable body and also an instruction that the city attorney submit a written opinion upon the question whether the expenses of macadamizing macada mizing the streets of ogden city should be paid out of the general fund or bo paid by special tax against the abutting property holders I 1 have to say that sections and of the revised statutes of tho state of utah provide in substance that each city has the power 0 o establish open alter lay out widen grade improve curb and gutter and otherwise improve and keep in good repair the streets and to defray the expenses and costs of such improvements the city has the power and authority to levy and collect a special tax upon the ground adjacent to or abutting upon the street so improved section of the revised statutes of utah the cost of paving macadamizing macada mizing or repaying of the streets and alleys within any paving district except the intersection of streets and space opposite alleys within such district shall be assessed upon lots and lands abutting upon the streets nd alleys in such districts in proportion to the square feet or foot front or both so abutting upon such streets and alleys while sections and provide that the city may levy tax for the improvements prove ments therein mentioned section provides that to pave and macadamize the city shall levy a tax upon the abutting property holders this is mandatory and whenever it is necessary to pave or macadamize a street there is only ono method provided for paving for the same and that is by special tax against the abutting property I 1 desire to bo clearly understood in this matter for this is fife second time that I 1 have rendered a written opinion upon this subject and it Is quite important that the city council have perfect knowledge of their duties in this respect the writer is not an expert or adept as to what constitutes macadamizing macada mizing a street and has no official or actual knowledge whether or hot the city has been paying out money from the general fund to do this claas of work however it devolves upon the city to keep its streets in proper condition for travel by grading or by graveling the surface and that this would not come under head of paving or ma I 1 take it macadamizing macada mizing is only another form for paving the street I 1 base my judgment as to this duty of the city upon the general law that imposes upon cities of this class the duty af pf keeping its in a safe and proper condition tor traffic and travel and to keep the same in ordinary repair and what is necessary to so keep the streets in repair and in proper condition Is a matter largely left to the discretion abid wisdom of the city council and its department the expense of keeping the streets in ordinary condition lor travel and traffic and to keep the bame in repair necessarily would have to be done at the public expense and nut by the abutters but where the city desires to make a permanent improvement of its streets by either paving or macadamizing macada mizing the same this can only be done at the expense of the property holders abutting thereon and I 1 suppose the reason is that thia special improvement of the streets ingres inures to their special benefit in reference to the criticism offered at the last council meeting by coun oilmen paine and moyes in regard to the course of the city attorney in respect to this matter I 1 wish to say that on january 1902 I 1 filed 1 l written opinion with the clerk of your honorable body upon this subject which was real and published in that ion I 1 quoted verbatim section of the revised statutes as I 1 do in this and in said opinion I 1 told the city council that thia class of work must be paid for by assessment and levy upon the abutting lot owners councilman paine biec in the council at that time afterwards on september 1902 the city council of which councilman paine was a member after due deliberation passed an ordinance covering this class of work and providing for the evy and collection of special taxes to pay tor the same councilman moyes has been a member of the council for over two years and Is now In trusted with the important position of chairman of the street committee which committee Is in trusted with the control and care ol 01 the streets of the city and it should be presumed that an officer of the city occupying that position would have a general knowledge of his duties I 1 these members of the council have forgotten the terms of the ordinance or the state law upon tills subject they have only them selves to blame their lapse of memory is their particular misfortune certainly it is not the official duty of the city attorney to be constantly prompting these two gentlemen as to their various duties trusting ting that I 1 have answered your communication I 1 remain respectfully yours signed JOHN E BAGLEY before the city recorder had finished the reading of the communication from city attorney bagley councilman boyea was on hla feet when he had gained recognition from the chair ho said 1 I do not wish to speak about any man behind his backhand I 1 am sorry city attorney bagley s not here I 1 do not wonder at hla leaving the city after sending in such an opinion as this anyone would naturally suppose lie would leave the city after such erroneous statements mr bagley should not lose his temper because he is asked to give an opinion even it the rendering of the opinion Is the second time for as I 1 understand this is what he la paid tor this council is nota corn posed of lawyers it it wo would not need his advice but reference to these statements which the S city attorney makes about me I 1 want f to say that they aro absolutely false I 1 move that this opinion or communication be laid on tho table councilman pa anc boxt took tho floor and said 1 I think the city attorney Is wrong in hla statements for this opinion of his docs not contain tho real facts in tho case if I 1 mistake not ho has nov or in all his life given this council an opinion if ho Is asked tho simplest question ono that he Is supposed to answer at once he always has to take the matter under for two or tarco weeks As for myself I 1 never worry about such opinions but I 1 am sure he has spent much time in pro paring this ono |