Telegram-herald., 1891-01-07


G,.ntI-Thx ~har<.r AZ thu ctr Of
es 49, -.-.- - <~,,.-.-
oIena n@P'os CONTAINS INC isaaoA
provisions:
1. ssWhen the Oounnnon counc1l Of
aid city decide thai the oonssrnceaoa
Of any public worry ia snla civ i :
necesssry public improvemopt. the
Board OF Public Werks shali deteruino
A % the peculiar kind and quality az
materials to he used therefor and esfi-
mate the nrolnhle cost aud expsnee Of
the verk and of the maferlals 20 ~
used. In detail: and cause 20 ~ are
AIRED A fnr ~ nsces.ary. nlans and
oscillations for ouch work. and report
their estimate to tho Common Council
A : basis for asseaainr or otherWlse
raising. According 10 law. the funds
necessary 20 enable the board 10 go for
ward and complete the work"
2. ssThe work shall b done under
the direction and supery.eion of the
Board of Public Works and upon con-
tracts aud under plans and specifica-
tons TO be prepared by the e.ss sur-
yeyor and approved bv such board
5. 1.-The BOARD of Public Works shall
advertise for proposals 20 execute the
work, and for materials. according 10
plans and specifications. adopted by
the board, and may contract with the
lowest bidder"
On June 22, 1887, the Common Coun-
Gil adopted q resolution requesting the
Board of Puslic Works 10 establish the
grade line of Cartiss-st., and furnish
the council with an estimate of the
cost of grading, gravelllng and paving
the cutters of the same, the same being
q necessary pubiis improvement.
All the subsequent proceedings, in
Guiding the petition by the property
owners, the estimate, the letting of the
contract, and the first assessment 10
cover the expense, are admitted 70
have been regular.
The estimate submitted 10 the council
by the Board of Public Works was
5000. Upon this report an assessment
was made by the council, which was
satisfactory to the rsrtes interested.
| OF the bids made the lowest was S2792.
and for that SUM the contract was let.
In the estimate upon which these bids
were made was the item, "stone paving
| l50 souare yards There was no item
for s.paying gutters'' either in the esti-
mate, specifications or contract, and
after the work had progressed some
what. it was discovered that. while the
| improvement provided for in the
original resolution contemplated aud
required the cutters to be paved. no
provision was made therefor in the
| contract and specifications annexed
thereto. Upon making this dis
coyery, the board instructed the
engineer to see the contractor and OBJ
tam from HIM proposition TO nave the
| cutters. He offered to do Il for the
| same price per yard for which he had
contracted to do the $50 square yards
| of paving. The engineer reported this
to the board with his estimate of the
number of yards of paving, making il
2l35 yards instead Of l59 yards as in the
original contract. This would leave
2076 square Yards of gutter paving
which at 40 cents per yard amounts to
$3S0.40. This Was approved by the board
and certified to by the council. The
council thercupon rescinded its former
resolution, an order providing for the
assessments, set aside the assessment
roll and adopted new resolution and
order for assessment increasing the as.
sessment for 5000 to 1870. This new
contract was not open to competitive
bids.
The defendant was proceeding "a
collect these assessments by sale OF the
complainants' lands when they filed
the bill in this cause TO enjoin the sale.
Upon the hearing the bill was dismissed
The sole question in the case is. was the
action of the Board of Public Works in
letting the contract for the pavem~n,
of the cutters without advertising TO,
bids legal?
The action ia defended upon Tn
ground that IL was extra work within
The meaning of the ORIGINAL contract
and the charter. The contract re.
served to the defendant .the right "a
change auy norton of the work from
time TO time and to make all necessary
additions thereto or deductions there.
from.n
Section Is of title of the cbarte,
provides that the plans and specifica.
lions of the work. for the payment O,
which an assessment is ordered 10 bs
made. may be changed, and the worb
may be added to or diminished. At an,
time before the completion of thu
assessment roll therefor. but not after.
wards: and If il shall appear thai
greater sum of money has been ex
pended in the completion of such i'm
proyement than was estimated, thu
Common Council may direct the assess
ment of the same on the owners anc
occuuants of homes and lands benefitst
1