The herald., 1893-08-11

that Raymond avenue between the lines
mentioned be paved with asphalfum
pavement according to specifications aH
conta:ned in resolutions 800 and 3l0.
Not one OF these last four vital resolu-
tions have ever been reeclnded, and
think they stand today ss the only OPP
erative proceedings in this matter, and
that for each OF rescinding at least No.
313 eubaequent proceedings have no
force. My reasons for this will be set
out in my examination OF resolution No.
.73, under which work was attempted to
be ordered for the third time.
May 22d resolution was passed pur-
ported to provide general specifications,
and still not by ordinance, for street
paving with Portland cement, concrete
base, with asphalt surface. This was a
radical change OF base.
On the same date, special specifica-
tions for RAYMOND avenue were passed ;
also an attempt to. recorder the work,
that Raymond avenue within the limits
mentioned be paved with asphaltum
pavement according to specifications
just passed. The clerk was also in
structed to advertise for bids for all
paving work on Raymond avenue, with
out specifying limits for the work on the
avenue.
On June 10th, the time set for open
ing bids, none were received. The fact
had become known that various attor-
advised their clients not to bid, it being
manifest that speclfications, both zen.
eral and special, all adopted after the
resolution Of intention, together with
the resolution ordering work, this se-
cured time, attempted to include extra
work in the intersection beyond the
work f6r which jurisdiction had been
acquired under the resolution of inten-
tion.
1t was too plain for doubt that this
extra exercise of jurisdiction that had
not been acquired was impossible under
the law and must be abandoned, or full
jurisdiction for it acquired.
The city attorney then introduced
resolution which rescinded all previous
resolutions, except those for general and
specific specifications and the one first
ordering work. Aresolutioh was then
paesed ordering for the third time that
Raymond avenue "be paved with as
phaltum pavement" This 10 found to
be irregular.
Coming down to the bid of the Perine
Paving company, the successful bidder
of the work, the report says: 1.-The GER
tilted check of $500 accompanying tho
bid has two Irregularities: First,
1t was made payable to I. p.
Lukens, when 1t should have
been made payable to President Weed,
who presided over the meeting when
the check was filed. The second and
more vital error is that the amount,
$500, is less than 10 per cent of the
aggregate of the proposal as required by
law, and should have been $l563.81 at
the very least. The language OF the
statement is that the check shall be "for
an amount not less than 10 per cent Of
the aggregate proposal. Words more
highly mandatory than these cannot be
written"
Comment is made upon the high
figure at which the contract was let and
the increase is accounted for by the fact
that bonds issued under the act of 1891
are in the courts aAd not worth face
value.
On closing this section of the report
he says:
II fully believe, for reasons set
forth, that no valid contract
can now be entered into
between the street superintendent and
the awardee are the property owners
substituting themselves for the awardee.
and that no assessment, to be iseued If
based on the present proceedings, can
be collected by law"
In the closing section it is shown that
Raymond avenue, has never been
officially accepted By the city and that
no maps exist, orewbich reason the at
otorneyh again expresses his, ,opinionthat
the sseebstnent lesfeh could mol, owing
10 irregulafity S The council apfoceed-
ings,, be collected! ssssead n aoisAhn