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CITY OF BOSTON.

In Common Council, December 30, 1869.

THE Joint Special Committee on the Church Street District, having performed the work authorized by the City Council on said district, and having settled with most of the former owners of property situated thereon, either by paying the value of the estates at the time of taking, or by directing a re-conveyance of them upon certain terms and conditions, beg leave to submit the following

REPORT.

As different orders have been passed from time to time by the City Council, it is necessary, to a proper understanding of the authority under which the committee acted, to recite them here.

By an order passed early in January of the present year, the undersigned were appointed a committee, with authority "to exercise all the powers in reference to the Church Street District conferred by the City Council of 1868 on the Committee on said District."

Those powers were designated in the following orders:

"Ordered, That the commissioners on the Church Street District be authorized to contract, under the direction of the Joint Special Committee on the Church Street District, and with the approval of His Honor the Mayor, for filling all the streets and

places on the territory bounded on the east by Pleasant street, on the southeast and south by Tremont street and the Boston and Albany Railroad, on the west by Ferdinand street, on the northwest by the northwesterly line of Columbus avenue extended to Church street, and on the north by the southerly side of the passenger station of the Boston and Providence Railroad Corporation, to the grade of at least eighteen feet above mean low water; and the cellars, back-yards and vacant lots to the grade of at least twelve feet above mean low water; also, for raising and underpinning such of the houses and other buildings on said territory as they shall deem necessary to the preservation of the public health, the expense of doing all said work not to exceed the sum of six hundred and fifty thousand dollars.

Ordered, That there be elected, by concurrent vote of the City Council, three commissioners, who shall, under the direction of said committee, have the general supervision of all the work to be performed by the city on the Church Street District. The commissioners shall hold their office until the work to be performed by the city is completed, unless sooner removed; and they shall be removable at any time by the City Council. The compensation to be paid to said commissioners shall be fixed by the City Council, subject to the approval of the Mayor.

Ordered, That the Treasurer be authorized to borrow, under the direction of the Committee on Finance, the sum of two hundred thousand dollars, to be applied to raising the territory and buildings on the Church Street District, and paying for any estates on said district taken under the provisions of Chapter 308 of the Acts of the year 1867, and for the compensation of the commissioners appointed to supervise and direct said work.” [Passed by the City Council May 22, 1868.]

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Ordered, That the commissioners on the Church Street Dis

trict, under the direction of the Joint Special Committee on said District, and with the approval of His Honor the Mayor, be authorized to settle and adjust damages for the taking of lands in the Church Street District, so-called, with the former owners thereof severally, upon such terms and conditions as they shall deem expedient; and in making such settlements, the Mayor is authorized to re-convey the several parcels of land so taken, or any parts thereof." [Passed Nov. 24, 1868.]

On the 24th of Feburary, 1869, the following additional order was passed:

"Ordered, That the commissioners on the Church Street District, under the direction of the Joint Special Committee ou said district, and with the approval of His Honor the Mayor, be, and they hereby are, authorized in the settlement and adjustment of damages for the taking of land in the Church Street District, so-called, with the former owners thereof, pursuant to an order of the City Council, approved by the Mayor on the 24th of November, 1868, to convey to them respectively any parcels of land, or parts thereof, owned by the city within the limits of the said district, and upon such terms and conditions as they shall deem expedient; and the Mayor is authorized to execute deeds of all such parcels of land, or parts thereof, accordingly."

The former owners who chose to surrender their estates to the city were paid the value at the time of taking (May 9, 1868), upon their giving to the city a deed and an acquittance and discharge, satisfactory to the City Solicitor, for all damages, costs and expenses in consequence of said taking.

Those who desired to have their estates reconveyed were settled with under the direction of the committee, upon their giving to the city a release and discharge in full for all damages,

costs, and expenses for, or on account of the taking, and for all claims and demands for damages occasioned by imperfect drainage of their estates.

The estates abutting on the line of streets widened or extended were charged a portion of the benefit from the widening or extension, which was required to be paid before the estates were reconveyed.

As soon as the work was completed on any street, the committee passed votes directing the commissioners to settle on the terms above mentioned; but, owing to some neglect in urging the settlements, and a remarkable apathy on the part of those whose property was taken in protecting their rights, there has been an unexpected and unnecessary delay in bringing matters to a conclusion.

The work of raising and underpinning the buildings, and filling the territory was completed in the early part of September; and it was confidently expected by the committee that settlements could be effected before the end of the year with all those who were disposed to accept the terms upon which re-conveyances were made; but such has not been the case.

The whole number of estates on the district taken by the city was three hundred and fifty-three. Of that number thirty-nine have been surrendered or purchased entire by the city. The number actually re-conveyed at the present time is one hundred and forty. Of those not re-conveyed, ninety-six are ready at the City Solicitor's office, the settlements having been arranged; and the others are in the commissioners' office, for what reason the committee are not aware, as they have made satisfactory settlements with most of the representatives of the estates.

Most of the persons who delayed applying for a settlement until recently are now extremely anxious to get possession of their estates again, as they have expended considerable money

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