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disappeared by reason of neglect and accumulations of deposits upon the surface. The roadway between Vesta avenue and Berriman street in the Twenty-sixth Ward, a distance of a mile and a quarter, is paved fifteen feet in width from each curb, with granite blocks, but by reason of the introduction of sewer, water and gas mains, has been so frequently torn up and disarranged as to practically ruin the pavement, requiring new treatment to restore it to even a favorable condition. The portion of the avenue between Berriman street and the City Line, a distance of one mile, is graded and curbed, but otherwise is in a condition of such deterioration as to be useless for vehicle traffic.

The Commission believe that a comprehensive plan of improvement should be adopted, treating the entire avenue from Flatbush avenue to the City Line, so that its condition shall be practically alike in all parts. The cost of such improvement may properly be divided into equitable parts and assessed upon the three interests served, namely: the city at large, the abutting property owners, and the Long Island Railroad Company.

The justification of such proper division of contributing to the cost of such improvement may be found in the fact that the city government is somewhat responsible for the ills that have existed. on the avenue for many years.

The abutting property owners have from time to time paid assessments for the varied kind of improvements that have been made. The Long Island Railroad Company and the property owners will be large beneficiaries because of such improvement; therefore, we think that all three should contribute a fair share toward defraying the cost thereof.

The Commission are not prepared at this time to suggest a definite apportionment of the cost among the three interests named, but are confident that further consideration will result in intelligent and satisfactory treatment of the subject. The Commission are not inclined to even specify what the character of the improvement shall be, other than in general terms. They are of the opinion that the broad purpose and intention of those who laid out the avenue originally should be established.

Upon further study of the subject, if it shall be determined to have a pavement smooth in character, that would attract the

many thousands of our citizens who are using the bicycle for recreation and business purposes, the avenue would be of great further advantage and use to large and growing numbers of people to whom heretofore Atlantic avenue has been an impassable and unknown thoroughfare.

In connection with this subject, it is pertinent and timely to call attention to the activity of our neighbors in Queens County (within the lines of the proposed Greater New York), in the matter of "good roads." Within the next two years there will be expended over a million dollars for macadamizing the country roads through Queens County.

The improvement of Atlantic avenue will connect directly with this comprehensive system. The present means of reaching these fine roads is by way of Glenmore avenue, opened and improved in 1896, but by reason of this avenue being the only connection, it has already become overcrowded by wagon traffic, and the roadbed so cut up as to be almost useless to bicyclists.

A feature that has impressed the Commission as an important and strong reason why the avenue should be improved, as outlined above, is the fact that the Twenty-sixth Ward, now containing a population of over 50,000 inhabitants, and rapidly growing in importance, is practically without proper lines of communication with the central business portions of the City of Brooklyn, by reason of the fact that, at the entrance to the ward, the principal thoroughfares leading to the water front (and thence to New York City) concentrate at this point and involve such a network of railroads and other features of congestion as to imperatively demand an adequate outlet and means of intercommunication, such as the improvement of Atlantic avenue will afford. There is no practical solution of the question, other than that Atlantic avenue shall be such chief thoroughfare to and from this important section of Brooklyn.

The Commission have considered it proper, for the information of your Honor, to submit an approximate estimate of the cost of improving the avenue, and for that purpose referred the matter to the member of the Commission who is a civil engineer. We embody his communication herein:

OFFICES OF WALTER M. MESEROLE, CIVIL ENGINEER AND CITY SURVEYOR, 2789 ATLANTIC AV. AND 189 MONTAGUE ST.,

BROOKLYN, N. Y., March 12, 1897.

To the Atlantic Avenue Commission:

GENTLEMEN. In compliance with your resolution passed March 6th, I have to make the following report relative to the expense of paving and otherwise improving the surface of Atlantic avenue between Fort Greene place and the City Line, at Enfield street.

My estimate will provide for a pavement of vitrified brick, or asphalt, on concrete foundation, or granite blocks on sand foundation.

The total length of the proposed improvement is 30,525 feet, which, being doubled, gives 61,050 front feet. Deducting the intersections aggregating 10,000 feet for the two sides of the street, leaves 51,050 front feet of property to be assessed.

While I have estimated the various items of cost carefully, I do not deem it necessary to more than give the approximate total cost of said improvements in round figures, which is $612,000.00.

Respectfully submitted,

WALTER M. MESEROLE.

The Bill now pending before the Legislature relating to the treatment of the railroad provides for the appointment of a Commission under whose direction the work shall be carried out.

We are of the opinion that the proposed further improvement of the avenue should be under the direction and charge of the same Commission, for the following reasons:

The work can be done most economically in connection with the work of changing the grade of the railway tracks, and under the same authorities, because there will be no duplication of work; the backfilling of excavations will be done by the same parties who are to be responsible for the integrity of the pavement; the organization of temporary railroad tracks and construction trains will be useful for removing surplus earth and bringing in the materials for paving, very materially saving in the

item of freight, and the advantages of a single authority in dealing with pipe corporations, grades, rights of adjacent owners, etc., will be secured.

If this work were done under any City Department, the cost of supervision would be large and much additional labor would be entailed on the officials of that Department, while this Commission, being organized for the work, can handle it with very little added expense.

The Commission being of the opinion that legislation will be required to authorize the improvement of the avenue, as herein suggested, we therefore respectfully recommend that a bill be prepared by the Law Department of the City of Brooklyn, and introduced in the Legislature at Albany for the purpose of providing for the entire co-operative plan of improving the avenue. Respectfully submitted,

E. G. BLACKFORD, President;
E. F. LINTON, Secretary;

E. H. HOBBS,

W. E. PHILIPS,

W. M. MESEROLE.

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[Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.]

CHAPTER 394.

AN ACT to authorize the appointment of a commission to examine into and report a plan for the relief and improvement of Atlantic avenue in the city of Brooklyn.

Accepted by the city.

BECAME a law April 27, 1896, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The mayor of the city of Brooklyn is hereby authorized, immediately after the passage of this act, to appoint five persons, residents of the city of Brooklyn, who shall constitute a commission for the purposes hereinafter mentioned, and who shall serve without compensation. One of said persons shall be a civil engineer and one shall be a lawyer. Said commissioners shall organize by the election of a president and a secretary and shall have power to summon witnesses, administer oaths and send for persons and papers, and any person swearing falsely before them shall be deemed guilty of perjury, and upon conviction be fined as for that crime. Said commission may employ such engineers and other assistants and incur such incidental expenses as may be necessary and proper, not to exceed, however, in the aggregate the sum of five thousand dollars, which shall be taken out of the revenue fund of said city.

$2. Said commission shall inquire into the condition of Atlantic avenue in said city with reference to the railroads operated thereon, and in other respects shall give public hearings and invite suggestions from parties interested therein as to the best methods for the relief and improvement of the same. It shall formulate a plan for the relief of said avenue and the improvement of the same, and shall report such plan, together with such recommendations as to it may

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