The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1876-10-04
BOARD OF PUBLIC wOKKs.
Business Transacted by the Board
This Morning.


The Board met in regular session, all
the members present, and President
Bell in the chair.
On motion, the Supervisor Of Streets
was directed to have the distractions
removed from White street, between the
Lick Run Pike and the Harrison Pike.
A resolution offered that the En-.
gineer be requested to place a gas lamp
OF bracket near or on the Engine-house,
in the Twenty-fifth Ward, was, on mo-
tion, referred to the Committee on Light.
A resolution which had passed Coun.
Gil, to contract with Hayes & VBrieri
Hammond street to the North Corpora.
ton line, was approved. Bond, $75, 900.
The Committee to whom was referred
the application of Thos. Lynch, to make
roadway on Fulton avenue, between
Vance and Stone alley, recommended
that the request be declined. Adopted.
The following opinion submitted by Fl.
D. Peck, City Solicitor, was received
and fled:
"CINCINNATI, October 4, 1876.
"GENTLEMEN--Ln answer to your three
questions concerning the duty OF con-
tractors for street repairs in certain
particulars, l beg leave to submit the
following:
list, Such contractors are bound to
keep In repair all parts of any improved
wharf in their districts. This is settled
by the first clause Of the contract by
which tney agree TO keep in repair, with
the same OF similar materials with which
they have hereI ofore been paved
or improved, complete in every respect,
in a good and substantial manner, and
ready for use, all the avenues, streets,
alleys, WharYes, &C., within their re-
spective districts. The mere memoran-
dunn attached to the proposal, showing
the general character Of the improve
ment on each street, or wharf, does NOT
relieve the contractor from his obliga-
tion TO keep the whole in repair, COM
plete in every respect.
SD. The same and other similar
clauses of the contract also cover the
question asked as to sunken curbs, They
are part of the street, and in every
contract for street improvement let by
the city have been so treated in this con-
nection. will say that there is possibly
a case where a street improvement has
been attempted and not completed,
where it would not be the duty of the
contractor to ill up the street and re-
place the curbs, but L can conceive of
no other. In all other cases it is the
duty of the contractor to keep the street
up, to grade and replace curbs.
I'D. AS to the Twenty-fourth Districs,
1 find that the contract, like all Others,
provides that the contractor shall keep
in repair all streets, &C., of the district,
as shown by the pats on lie in the office
of the Board of Public Works. BY ex-
the plat of the district it will be
seen that the portion of the Harrison
Pike between the two railroads up to
the ends Of the bridges is clearly shown
herein. This, together with the Ian.
guage OF the contract requiring all
streets to be repaved, makes it the duty
Of the contractor to keep the same in
repair.
"Very especially yours,
"H. d. PECK, City Solicitor"
On motion the supervisor OF Streets
was directed to construct a crossing on
Harrison avenue from the railroad track,
at an expense not to exceed $40.
An ordinance passed by Council to es-
tablish street railroad route along
Lock street and other streets in the city
1f Cincinnati, to be known as Route No.
10, was on motion approved.
Adjourned.