The daily gazette., 1877-08-03
THE CITY COUNCIL,
An Interesting. Session
The Question Of Contractors Securities
BONDS MUST ACCOMPANY
ALL PROPOSALS. '.3 ~, f
THE WEST STREET SEWER ORDINANCE
DECLARED ILLEGAL--THE ODOR-
LESS AWARD ACCEPTED-BoTH
TEMPERANCE PARTIES AFTER THE

~N&''' A "1bO
TEMPERANCE PARTIES AFTER THE
CITY HALL, ETC.
The City Council met in regular session,
last evening, Mr.. Febger presiding IN the
absence OF President Llchanstein. .-
TOeLaw CommIttes, on the communica-
tion from the City Solicitor, IN relation to
the award OF the Court iu the suit of the
Odorless Excavating Company against the
city, made the following rep Irt
Your committee respectfully report that
after due consideration they recommend
that no step be taken by the city to prevent
The confirmation OF the said award, AS the
amount of the same might he increased
upon second hearing of the case. We
think the amount OF the award fair and
equitable to the city, and arrived at after
Careful investigations by good and impartial
referees. y \
The report was adopted. Same commit
tee, in regard To the ordinance authorizing
certa II persons to construct a sewer on West
street, from Delaware Avenue to Fifth
street, presented the opinion Of the City
Solicitor in regard to the legality OF said
ordinance. The opinion is as follows:
E. c. iS,otsenburg, Esq, Chairman Lato Con-
DEAR SIR The proposed ordinance en-
titled :" An ordinance granting the right to
real estate owners on West street to con-
struct and maintain q sewer on said streetn
having been referred to me to ascertain
Wnether anything therein contained is con-
trary to or Inconsistent with the charter or
any existing laws or ordinances of the city,
L have respectfully to state that in nv
judgment 1t is altogether Inconsistent with
the provisions of the ordinance entitled
IAN ordinance relating to water courses,
drains and common sewers, F" which was
passed June 21, 1866, in accordance with an
act OF the General Assembly amending
the charter OF the city, passed at Dover,
January so, 1861.
That ordinance prescribes the mode in
Wnicn water courses, drains and sewers
shall be opened, maintained, cleansed and
kept open and unobstructed, and who shall
bear the expenses thereof. The object of
the proposed ordinance Is to vest In Ger.
tain persons the right to CONTROL construct
and maintain sewer along West and
F1fIh streets for an indefiAite period. This
the CITY Council, In my judgment, cannot
legally do, as II would be delegating to
others the exclusive powers of the City
Council under the amended charter of the
city, and would be in violation of well es-
tablished rule of aw in regard to munich
pal corporations, viz That the powers
and trusts devolved by law or charter upon
inc Council or governing powers cannot be
delegated to others. Nor can the City
Council pass any ordinance which shall
cede away, control or embarIass thelrlegis-
lative or governmental powers, or which
shall disable them from performing their
public duties. The Legislature has vested
in the City Council the entire Jurisdiction
and control of the drainage of the city,
(Uide amended Charter, section 99) and
however desirable it may be for private
parties ohave the privilege of constructing
sewers and drains, along a street, the right
10 construct, maintain and control the
same cannot, In my opinion, be delegated
by the city to other persons not acting in a
ministerial capacity, even tenn porarily.
Very respectfully yours,
S. A. MACALLIsTER, City Solicitor.
The Law Committee supplemented this
opinion by report endorsing its contents
Adopted.
The City Treasurer reported Balance
in the bank subject to the reservoir, 81, $685.
81; to current expenses, 3118.7ll,7l; $l23,-
27468. The Street Commissioner reported
46 men and 13 teams employed in the Street
Dep irtment.
The Chief Engineer reported 80 men en-
ployed in the Water Department.
The Registrar reported thai the receipts of
the Water Department for July amounted
to $733.61.
The following pay rolls were read and
passed Water Department, S253 81 |
Street Department., $37l,2l; Police Depart
ment $14S334 Miscellaneous d apartment.
$12S5 46 total, S3393.32.
Petitions were presented, read and re,
ferred, as follows:
ion Or. luO6 Il HICKS, anu Otner6 |
asking for the use of the City Hall on and |
after Sept. 1st for the purpose OF holding |
gospel temperance meetings.
From Thos Brumer, for a trunk or sewer
under the railway tracks across Dupont
street to carry off surplus water.
From Chas. Cannon, complaining that |
tie property at Pine street and the railroad |
Is flooded at every rain. on account of insult |
hlient drainage, and asking for relief.
From George w. Wells, asking for the |
use oil the City Hall from the 1st Of Septem- |
Der, for the purpose OF holding temperance
meetings. 81
From John Dugan and others, for the |
repairing of cutters on Delaware Avenue,
from Lincoln to Dupont streets.
Mr.. johnson presented number of pro- |
posals for placing new tin ROOT on the City |
Hospital.
The first proposal op pened was that. of
Wm. NJ. Palmer, who offered TO do the |,
wo k for S2l9.
Mr.. McGlinchey inquired if the bids were |
accompanied by proper surety bonds.
Mr. johnson suggested that they all be |
opened and read.
Mr. Windle said that If all were opened |
and read, and none happened to be accom-
panied by bonds, the figures of the bids |
would b5come known, and thus give bid
ders an unfair advantage if new proposals
were asked iur.
Mr.. Stotsenburg thought the best plan
would be to return the proposals to the
committee, with Instructions TO procure
bonds from the various bidders.
Mr.. Plckels called for the reading of
the ordinance requiring bidders for con-
tract work to forward the required bond
and surety with their proposals.
The clerk read the ordinance, which
provides that whenever any city officers
or any committees of Council advertise
for proposals for work, for the perform
ance of which security is required, no
bid shall Pc received except it be accom-
panied by bond for the amount of Sc
curity stated in the advertisement for
proposals.
Mr.. Johnson stated that in accordance |
VITA the terms of the advertisement for
the propos lis received, the work of roof
ing the hospital would be performed un-
der the supervision of the Hospital |
COMMITTEE; therefore the committee did /
not ask for and would not desire any Sc |
curity.
Mr.. McGlinchey inquired if it was not !