Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-10-17


The council last evening transacted the
following business:
COMMUNICATIONS.
The request of the occupants of the
market house asking that that building be
closed at O'Clock was referred to the COM
mittee on public buildings; Geo. R. Finch
and others to have triangular piece of
property lying on the south line of Port
land avenue at its intersection with Sum
nit avenue made into a public park, to
committee on parks, the engineer and
attorney; The action of the chamber of
commerce on Seventh street was received
and placed on file; James S. Burris was
allowed to remove a building from the
corner of Third and Oak streets; the claim
of 4. Z. johnson for 1918 for injury to
his buggy while riding on the public
street was referred to the committee on
streets; the grading of Mccarthy street
was referred to the committee on streets;
the grading of Dakota street was referred
to the committee on streets; the hacks on
Jackson street are to be removed; the bill
board at the junction of Third
and Hill streets is to be removed; part
of the Lake Phalen road is to be vacated;
Mathew Egan was appointed fireman of
the market house and the salary Of the
fireman and engineer were fixed at $1,000
for the engineer aud $40 per month for
the fireman; the fountains in Rice and Ir-
vine park are to be covered with boards
for the winter; the railroads are to be no.
titled to slacken the rate of speed across
Third street and then to have the fence on
the east side of the st. Paul d Duluth road
removed; the city engineer is to put up
guards and covering over the railway
crossing at Fourth street, the guards to be
extended 100 feet, and to pla nix the track.
THE wABAsHAw STREET BRIDGE.
John W. Roche, the city comptroller,
sent in communication, saying that &C
cording to the contract for the building of
the new spans of the Wabashaw street
bridge, i. should have been completed at a
certain time. 1t was not finished at that
time, and according to the contract a fine
ensued of $500. Mr.. Roche referred the
matter to the council for actor. City En-
gineer Somers explained that no public in
jury had occurred in consequence of the
delay, and the council adopted resolu-
lion directing the comptroller to audit the
estimates without deducting the penalty.
THE SEVENTH STREET TROUBLE.
The following communication this
subject was received from the city
comptroller:
OFFICE OF THE CITY CoXpTRoLLER,R
CITY OF SAINT PAUL, Oct. Is, 1858
To the Honorable .h9 Pre- sident and Com
MN Council OF the City of SAINT Paul.
GENTLEMEN-The accompanying papers
received in my Office on the fifth instant,
since last meeting of the Council, repre-
senting a contract with Mr.. Michael
O'Brien, for the construction of a stone
viaduct over the Saint Paul q Duluth rail
road on Seventh street, (being a part of
the improvement known as the sP5rma-
nent Roadway over Phalen's Greek on the
line of East Seventh street,") are returned
without countersigning, as full provision
has not been made for the payment of the
contract, and no assessment can be made
to cover the difference, as the contract
was not let under the assessment law.
There is q clause in the contract which
reads: Payable out of the fund applice-
bic to said improvement" inferring that
there if fund in the city treasury really
applicable to cover this particular contract,
which is not the fact. 1t is true that there
is a fund of sixty-ive thousand dollars
($65, 000), the proceeds of the full limit of
city bonds authorized to be issued under
an act of the last legislature, approved
February 23d, 1888, which are applicable
on account of the total cost of the "per-
manent roadway" the balance of the total
cost in excess of the sixty-fve thousand
dollars will have to be assessed upon the
property benefited, as intended by the law
authorizing the city bonds.
The first contract let for the "permanenl
roadway" represents the ''culvert," which
let by measurement makes the approx
mate quantities figure sixteen thousand,
six hundred and twenty-one and thirty-fve
one -hundredth (S16,6 21.35) dollars, but as
the true Quantities of work executed are
greatly in excess of the approximate
quantities, as indicated by estimate No. 8,
allowed upon the contract, the said cuIvert
contract price will initiate to twenty-five
thousand ($25,00O) dollars, which deducted
from the sIxty-hve thousand 1866, 000) dol
lars, proceeds of bonds, will leave forty
thousand ($40.000) dollars, applicable on
this second or ''stone viaduct" contract.
which is also by measurement making the
approximate qualities figure fifty
nine thousand six hundred
and seventy f5e (S59,675) dol
dollars. It is reasonable to presume that
this second contract will initiate to eighty
five thousand (SS5OOO) dollars, in the same
ratio as the first Or culvert contract, (being
the result of all contracts let by measure
ment in place of for an entirety or fixed
priced,) leaving forty-fve thousand
(S45,000) dollars unprovided upon the said
viaduct contract through Imitation; or
nineteen thousand, six hundred and seven
ty- five ($19,675) dollars upon the repre-
sented cost based upon approximate guam
titles.
Mr.. O'Brien, as we'll as contractors gerer-
ally, are fully aware that contractors have
no right, under the city charter, to enter
upon any work until the contracts are
countersigned by the comptroller, although
contractors have not much risk to run with
ordinary street But an i'm
proyement of such proportions as
the viaduct, requiring the removal
of portion of the bridge during the exc
cution of the work, leaves no excuse for
the contractor to commence work before
the countersigning of the contract
1t Is IN the power of the Council to an
null all the proceedings relating to this
''viaduct" Contract, as it is not counter
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