Omaha daily bee., 1889-04-14
THE CITY COUNCIL. C
Mr.. Webster Declares the Paving
Hnecificntiona Illegal


There was crowded house at the council
meeting last night, the attraction being the
disposition by that body Of the paving con-
tract muddle. The matter was the first item
on the list and came up in the form Of COM
munication from City Attorney Webster
upon the legality Of the paving contracts as
awarded by the board Of public works under
the existing circumstances. In Mr. Web
ster's opinion the specifications prepared by
two members Of the board of public works.
were not legal as the city engineer took no
part in ethe preparation Of the
specifications as provided by section 4
of ordinance 1853 He also held that the
council had no authority to amend the speci-
hcations prepared by the board OF pubic
works, and that the amendments made by
the council on March "a were illegal and
void. The board commenced advertising for
bids on March in one paper, and on March
10 in another, ana that specifications were
adopted after the advertisements had been
inserted The specifications upon winch the
bids we're TO be received should have been in
a completed form before the advertising be-
gan. Ordinances Nos. 1884 and 1993 di-
recting the board of public works to
advertise for bids for paving, both contained
q provision directing the board to advertise
for bids for specific kind of paving material
according TO specifications, and also directing
that bids for paving may also be made upon
SuCn SPECIFICATIONS Us Uue Dluuer may pre-
SCRIBE The majority of the bids contained
such special specifications. Such bids do
away with competition, and are
violation of section 1l3 of the char
ter, requiring this kind of work to
be let to the lowest responsible bidder.
The specifications should have been adopted
by the board of public works and city engi-
neer before advertisements were made for
bids. During this advertisement no changes
should have been made in theespeciflcatons.
Tln do oh mt nf fhn tr
Irregularities mentioned, all be rejectedI
The opinion of the city attorney was ap-
proved and resolution adopted by the
council instructing the board ,of public
works to readvertise for bids upon specifica-
tions adopted by the board of public works,
all special specifications being barred.
A petition for the grading of West Ander-
son and Gregg streets was referred to the
committee on streets and alleys, as was also
a petition asking for the opening of Twenty
fifth street from Lake TO Cassius.
The paving of Nicholas street was referred
to the committee on paving, the city engineer
and the board of public works.
MIR. Hascall grew eloquent in his opposition
to a resolution establishing two gasoline
lamps IN Orchard Hill, and became facetous
in his remarks about Mr.. Davis and Mr.. Van
Camps efforts to supply the surrounding
townships with gasoline lamps. The resolu.
tion was carried, however.
A reduction of Sl02.47 was made from the
bill of the Omaha gas company for over
charges for the month of March.
The petition of the Omaha Motor co mpany
for permission to lay double track on
Twenty-fourth street four blocks eastward
from Vinton street, went to the committee
ON viaducts and railways.
The board of public works was authorized
to employ Thomas Gall and two assistants
to repair curbing.
The ordinance repeating the clause of or
dinaEce 4S3. requiring the closing Of saloons
at midnight, came up for a third reading
and after some discussion was passed by "a
vote OF 10 to 6 as follows: Ayes-Boyd,
Counsman, Ford, Hascall, Kaspar, Lowry,
O'Connor, Sanders, Snyder and Van Camp.
Nays-Bailey, Burnham, DAVIS, Schriver,.
Wheeler and Lee.
An ordinance granting the right to the
Omaha Motor company to construct a double
track across the Eleventh street viaduct,
under the usual regulations to be adopted by
the council, the company to pay IS per year
rental for five years and such rental after
that time as may be fixed by the council at
the expiration of that time, was read and re-
ferred to the city attorney.
A number of grade ordinances were
passed.
Owing to the absence of MIR. Chaffee, Mr..
Snyder was appointed a member of the police
investigating committee.