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CITY OF BOSTON.

In Common Council, December 2, 1869.

THE Joint Standing Committee on Ordinances, to whom was referred an order requesting the Mayor to petition the next Legislature for an act to amend the City Charter, so as to provide for a Board of Street Commissioners; and also an order authorizing the Mayor to petition the next Legislature to pass an act enabling the City Council of Boston to establish a Board of Street Commissioners, and to define their duties, having carefully considered the subject, beg leave to report, that, in their opinion, it would be expedient to provide by statute for a Board of three Commissioners on Laying out and Widening Streets, in this city, to hold office for three years-one member of the Board to be appointed annually. The Board should have similar powers in laying out, widening and discontinuing streets, that County Commissioners have under the General Statutes, and the Board of Aldermen of Boston have by special statutes; except that where the expense of any widening, extension or alteration exceeds the sum of five thousand dollars, and in any case where the expense exceeds the general appropriation for the financial year, both branches of the City Council should concur in the passage of the order for the laying out, widening or discontinuance of the street or way, before it takes effect.

An order is appended which a majority of the committee would recommend as a substitute for the orders referred to them, in which the substantial provisions that they deem it

expedient for the Legislature to invest the Board are enumerated.

Respectfully submitted.

JOHN T. BRADLEE,

MOSES FAIRBANKS,

NEWTON TALBOT,

FRANCIS A. OSBORN,

GEORGE P. DENNY,

Majority of the Committee on Ordinances.

Ordered: That his Honor the Mayor be requested to petition the General Court, at its next session, for the passage of an act to establish a Board of Commissioners on Laying out and Widening Streets in the City of Boston, the substantial provisions of said act to be as follows, namely:

That said Board of Commissioners shall consist of three able and discreet men, who shall, upon the passage of the act, be appointed by the Mayor, by and with the advice and consent of the Board of Aldermen, one for one year, one for two years, ánd one for three years; and annually afterwards, one member of said Board shall be appointed in like manner for three years. Said Board shall, within the City of Boston, have similar powers, and perform like duties, as are exercised and performed by the Commissioners of Counties in respect to the laying out, altering and discontinuing of ways; and shall assess damages therefor, and award indemnity for damages sustained by reason of such laying out, alteration or discontinuance, and also assess betterments, in like cases and in the same manner as County Commissioners by General Statutes, and the Board of Aldermen of Boston by special statutes, are required to perform similar duties. Whenever said Board shall adjudge that the public safety and convenience require that any street, lane or

alley in the City of Boston shall be laid out, altered or discontinued, they shall make and record an estimate thereof; and if such estimate shall exceed the sum of five thousand dollars, or if such estimate, with the estimates of any previous alteration or discontinuance of any part of such street, lane or alley during the municipal year, shall exceed the sum of five thousand dollars, or if such estimate, with the appropriations previously authorized by the City Council shall exceed the general appropriation made for laying out and widening streets, by the City Council for that financial year, the order for such laying out, alteration or discontinuance, together with an estimate of the expense thereof, shall be sent to the City Council for its concurrence or rejection, and such order shall not take effect, or be in force, until both branches of the City Council shall concur therein and the Mayor shall approve the same. Said Board shall have power to settle and adjust all claims for damages on account of laying out, widening, and discontinuing strects, provided, that they do not exceed the appropriation made for that purpose by the City Council. Applications for laying out, altering or discontinuing a way in the City of Boston, may be made, and notice given, and proceedings had thereon, in such manner, and under such regulations, as shall be prescribed by any ordinance of the City Council for that purpose; and the City Council shall provide such assistance as said Board may require for engineering, surveying, and clerical or other services, and shall fix the compensation to be paid for such services.

CITY OF BOSTON.

THE undersigned, members of the Committee on Ordinances, regret that they have been unable to agree with the majority of that Committee in recommending the passage of an order to petition for the establishment of a Board of Commissioners on Laying out and Widening Streets in this city, and they beg leave to submit the following

MINORITY REPORT.

The subject of establishing a Board of Commissioners on Public Works has been considered by the City Council several times in past years, and in every instance the proposition to establish a permanent board by statute has been disapproved.

In City Document No. 127, of the year 1866, there is a report of a joint special committee on the subject of a Board of Public Works, in which it appears that the subject received very careful consideration. Documents were procured from other large cities, giving the details of the management of the various departments of public works established in those cities; but the committee found no plan which they were willing to recommend. In conclusion the committee reported that they were convinced that it would not be well to create another permanent and independent Bureau of Streets, or Board of Public Works, which would diminish the responsibility of the Board of Aldermen ; but they recommended that the Committee on Streets of the Board of Aldermen should contain one member of the Committee on Paving, and one member of the Committee on Sewers, which

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