CITY OF NEW YORK-TOPOGRAPHICAL BUREAU, Į Mr. JOHN H. MOONEY, Secretary, Board of Public Improvements : SIR-In reply to the action taken by the Board of Public Improvements, referring, for report, a communication from the President of the Borough of Queens, transmitting a resolution of the Local Board recommending the legal opening of Winthrop avenue, from the Boulevard to the old Bowery Bay road, I have to state that Winthrop avenue is laid out on the map of Long Island City, and that a modified plan of the First Ward of the Borough of Queens, Long Island City, is in preparation, which widens Winthrop avenue to 100 feet from Debevoise avenue to the Old Bowery Bay road, and I recommend, therefore, that no action be taken in this matter until said modified plan has been adopted and filed. The papers in the matter are herewith returned. LOUIS A. RISSE, Chief Topographical Engineer and Engineer of Concourse. TOPOGRAPHICAL BUREAU, July 15, 1899. Mr. JOHN H. MOONEY, Secretary, Board of Public Improvements: SIR-In reply to the inclosed letter, dated the 21st ultimo, from Mr. A. H. Morris, relative to extending Morris Park avenue through to Mount Vernon, I have to state that an order has been given to expedite this work as speedily as possible. Respectfully, LOUIS A. RISSE, Chief Topographical Engineer and Engineer of Concourse. Hon. MAURICE F. HOLAHAN, President, Board of Public Improvements, No. 21 Park row, New York City: DEAR SIR-We respectfully ask that the grades and direction of the continuation of Morris Park avenue through to Mount Vernon be established at an early date, as this avenue opens up a large territory, and it is important for property-owners to know just where the street will be. We also ask that the grades and direction of the diagonal street, from Westchester Station to Bronx Park, be established as soon as possible for the same reason. Very respectfully yours, A. H. MORRIS. The following report from the Chief Topographical Engineer was read: CITY OF NEW YORK-TOPOGRAPHICAL BUREAU, Mr. JOHN H. MOONEY, Secretary, Board of Public Improvements: July 13, 1899. } SIR-I transmit herewith map or plan entitled "Plan and Profile showing the widening, extending and the grades of Morris Park avenue, from West Farms road to Morris Park race track, Twenty-fourth Ward, Borough of The Bronx, City of New York, prepared under authority of chapter 378 of the Laws of 1897,” dated New York, July 12, 1899, with the recommendation that the same be approved and ordered to be filed. The original map showing the design of the street system in that Borough of The Bronx, east of the Bronx river, was adopted by the Board of Public Improvements August 31, 1898, and does not show any dimensions or grades. The submitted plan and profile of Morris Park avenue was prepared with a view to render more definite the originally adopted map. Respectfully, Thereupon the following resolution was adopted: Whereas, The President of this Board has prepared, completed and submitted to this Board for its concurrence and approval a map or plan with profile of the final maps and profiles of that portion of the Borough of The Bronx, City of New York, lying east of the Bronx river, showing the widening, extending and the grades of Morris Park avenue, from West Farms road to Morris Park race-track, being in the Twenty-fourth Ward of the said Borough of The Bronx, City of New York, located and laid out by the said President of this Board, in pursuance of section 433 of chapter 378, Laws of 1897. Resolved, That this Board does hereby give its consent and approval to the said map or plan with profile of the said final maps and profiles of the Borough of The Bronx, City of New York, prepared by the President of this Board, under authority of section 433 of chapter 378, Laws of 1897, dated New York, July 12, 1899, and signed Louis A. Risse, Chief Topographical Engineer and Engineer of Concourse, which said map with profile is hereby adopted. Resolved, That the President of this Board be and he is hereby designated and directed, in pursuance of the provisions of said section 433 of chapter 378, Laws of 1897, to cause three similar sets of said map or plan, with profile of the said final maps and profiles of the Borough of The Bronx, City of New York, to be certified by him and by the Secretary of this Board, and to be filed in the manner now prescribed by law, one set so certified in the office of the Register of the City and County of New York, one in the office of the Corporation Counsel and one in the office of this Board. Affirmative Commissioner of Water Supply, Commissioner of Highways, Commissioner of Street Cleaning, Commissioner of Sewers, President of the Borough of The Bronx, and President of the Board. Negative-None. The following communications from the Corporation Counsel were read and placed on file: Hon. MAURICE F. HOLAHAN, President, Board of Public Improvements : DEAR SIR-I have received your communication of June 15, 1899, in which you call my attention to the fact that in the proceeding to open Ogden avenue, from Jerome avenue to Washington Bridge, and in the proceeding to open West One Hundred and Twentieth street, from Morningside avenue to Riverside avenue, interest on the awards for damage was included in the assessment for benefit, and that the amount of such interest indicates to the members of your Board that these proceedings have been unduly prolonged. I am glad that you have called my attention to this matter, because the question of interest on awards has been a source of considerable embarrassment to this Department. Out of an aggregate of 315 street-opening proceedings now pending in the Bureau of Street Openings, title has vested or will vest in 268 proceedings at a fixed or specified time, under the provisions of chapter 660 of the Laws of 1893. It was never contemplated that advantage would be taken of this act to cause title to be acquired in so many proceedings at one time, and it is not practicable to provide a sufficient number of skilled employees to cope with the amount of work entailed by these proceedings within any given period of time. The acquisition of title on the filing of the oaths of Commissioners, or six months thereafter, make it extremely difficult in the trial of the numerous cases involved in these proceedings to fix the value of the property taken as of a date prior to the actual trial of the cases involved, and prior to the report of the Commissioners of Estimate and Assessment. It is almost impossible to exclude from the consideration of the Commissioners sales of property occurring after title has been acquired, which often reflect the benefit received from such acquisition. I must also call your attention to the fact that it was not until January, 1899, that the Court of Appeals decided, after the question had been certified to it by the Appellate Division, that the fees of the Commissioners of Estimate and Assessment in pending street-opening proceedings were governed by the Charter and not by the Consolidation Act or its amendment. As no report in these proceedings can Le made up until after the fees of the Commissioners and their expenses have been fixed and included in the assessment for benefit, it follows that all reports were tied up until after such decision was rendered. Then arose the question whether the interest on awards, as well as the question as to whether the limitation provided by the Consolidation Act or the limitation provided by the Charter upon the power of the Commissioners of Estimate and A-sessment that no assessment should exceed onehalf of the value of the property benefited, applied to pending proceedings. These questions were presented to the Appellate Division in April last, in the matter of One Hundred and Sixty-ninth street, from Jerome avenue to the Concourse, and that matter has been recently decided on other grounds. The Court stated, in its opinion, that these questions would be left open until a case was presented to it which brought them up squarely. Several reports have been presented to the Special Term this month which involve these questions and no others, with the hope that they may be brought before the Appellate Division as soon as possible. If these questions had been clearly provided for by Charter Commissioners no such delay would have occurred as the members of your Board refer to. Very respectfully, THEODORE CONNOLY, Acting Corporation Counsel. LAW DEPARTMENT, OFFICE OF THE CORPORATION COUNSEL, Hon. MAURICE F. HOLAHAN, President, Board of Public Improvements: DEAR SIR-I send you herewith copy of an opinion I have sent to the Comptroller in regard to the validity of the three contracts of the Jamaica Water Supply Company with the Town Board of Jamaica, each of said contracts being dated December 30, 1897. Also in regard to the contract dated November 30, 1898, between same company and The City of New York. Yours respectfully, THEODORE CONNOLY, Acting Corporation Counsel. (Copy.) Hon. BIRD S. COLER, Comptroller: JULY 17, 1899. SIR-Your communication dated May 1, 1899, is received. It reads as follows: "In the matter of certain contracts, namely: Ist. Jamaica Water Supply Company, party of the first part, and Town Board of Jamaica, acting for the Town, party of the second part, dated December 30, 1897, for supplying water to hydrants in the district known as the Jamaica Township Water Supply District. 2d. Same Company with same Town Board, dated December 30, 1897, for supplying water to hydrants in the district known as the Hollis Water Supply District. 3d. Same Company with same Town Board, dated December 30, 1897, for supplying water to hydrants in the district known as the Queens Water Supply District. 4th. City of New York and the Jamaica Water Supply Company, dated November 30, 1898, modifiying and supplementing said three contracts above mentioned. I desire to call your attention to a report made to me by the Expert Accountants employed by this Department concerning the facts and circumstances connected with the making of said contracts and to certain questions in said report as to the validity, force and effect of said contracts. I respectfully present said report for your consideration and advice upon the questions therein presented." The inclosures therein named are as follows: Two contracts dated June 8, 1894, Jamaica Township Water Company and Town of Jamaica. "Contract dated December 30, 1897, Jamaica Water Supply Company and Town of Jamaica (Hollis District), Contract dated December 30, 1897, Jamaica Water Supply Company and Town of Jamaica (Queens District). Contract dated December 30, 1897, Jamaica Water Supply Company and Town of Jamaica (District not named, but known as Jamaica Township Water Supply District). Contract dated November 30, 1898, City of New York and Jamaica Water Supply Company. Certificate of Boundaries (Jamaica Township, Water Supply District). Certificate of Boundaries (Hollis Water Supply District). Certificate of Boundaries (Queens Water Supply District). Report of Expert Accountants." The very full and ably prepared report of Mr. Robert H. Weems, referred to in your communication, is dated April 19, 1899, and is as follows: "In the matter of certain contracts, viz. : "Ist. Jamaica Water Supply Company, party of the first part, and Town Board of Jamaica, acting for the Town, party of the second part, dated December 30, 1897, for supplying water to hydrants in the district known as the Jamaica Township Water Supply District. "2d. Same Company with same Town Board, dated December 30, 1897, for supplying water to hydrants in the district known as the Hollis Water Supply District. "3d. Same Company with same Town Board, dateri December 30, 1897, for supplying water to hydrants in the District known as the Queens Water Supply District. "4th. City of New York and the Jamaica Water Supply Company, dated November 30, 1898, modifying and supplementing said three contracts above mentioned. "I respectfully report as follows: “Contract No. I provides as follows: "That said party of the first part hereby covenants and agrees that in that certain portion or part of the Town of Jamaica, specifically described in its written application for a contract to the authorities of the Town of Jamaica, and which application for the purpose of fixing said territory, and for said purpose only, is annexed her.to; it will furnish to said territory and to the inhabitants thereof, a clean, pure and wholesome supply of water, both for domestic uses and the extinguishment of fire, said water to be supplied through mains, pipes and hydrants as heretofore laid and established, and the mains, pipes and hydrants which it is yet to lay and establish; the water in hydrants to be used for fire purposes and for testing of fire apparatus, and practice and exhibition of firemen in said district. "The party of the first part also agrees to further extend their pipes and mains, and erect fire-hydrants thereon, as required by the party of the second part, and hydrants to average fifteen to the mile and to be as far as practicable within three hundred and seventeen feet of each other on the lines of said extension'; also that "All hydrants to be computed at the rate of $20 each per annum, for revenue, and to be payable to the party of the first part in semi-annual payments on the first days of April and October in each year; compensation for the hydrants now erected and ready for use to commence on the first day of October, 1897, and compensation for all additional hydrants to be erected under this contract shall commence when the same are set and the water turned on, due notice of which, in writing, shall be given the party of the second part by the party of the first part. "And it is further covenanted and agreed that al! lands used exclusively for agricultural purposes, and when not laid out in lots, shall be exempt from the payment of said tax, but when so laid out they shall be taxed the same as other property. Nothing, however, in this contract shall compel the party of the first part to lay their pipes or mains through streets or highways where the adjacent land is occupied wholly or principally for argicultural purposes, and which is not subject to tax under this agreement.' The term of the contract is for five years, from December 30, 1897. It appears from an examination of the minutes of a meeting of said Town Board, held on December 30, 1897, that said contract was approved and the execution thereof authorized. "It further appears that a certificate of the boundaries of the said Water Supply District was also signed by the Supervisor and Town Clerk, and filed in the office of said Town Clerk on the same day, December 30, 1897. "It also appears that said district was not a new district, but had been established at the date of a prior contract entered into between the Jamaica Township Water Company on June 8, 1894, and the Town of Jamaica, providing for a supply of water to said district and to the hydrants erected and to be erected therein. Said contract also provides that, "The party of the first part also agrees to further extend their pipes and mains, and erect fire hydrants thereon, said extensions not to be less than one mile nor more than two miles in each year during the term of this contract, as required by the party of the second part, and hydrants to average ten to the mile, and to be, as far as practicable, within five hundred feet of each other on the line of said extension.' "The hydrant rental fixed in said contract is at the rate of $20 each per annum, payable semi-annually on April 1 and October 1 of each year. "And in the event of the income from the taxable property liable to be taxed under this con |