The morning call., 1893-12-09
.POLk=STREET CUT.
-
The heProperty-OwnersW Win
:. Their Case.
20 :.
;; THAT CONTRACT IS VOID.
- =:
- =.
There Was No Extension of Time
Granted.
LOSS FALLS ON CONTRACTORS.
Failure to Obtain More Time Before
the Expiration of the Contract
Was Fatal.

= The Polk-street property-owners whose
homes would have been cOnfscated by the
manner in which the grading was being
carried on on that thoroughfare between
Lombard and Greenwich streets won a
great victory yesterday. There will conse-
auently be much rejoicing in that section
of the city.
About five weeks ago THE CALL called
attention to an outrage that was being
perpetrated on the property-owners on
Polk street between the streets named, and
gave history of the manner in which the
work. was pushed through the board. II
was shown how the cost of the improve
ments would exceed the value of the prop
erty. The violation of the Vroomsn act.
which requires an assessment district to
be framed when the cost of an improve
ment is more than half the assessed valu-
alton. was also shown, as was also the
neglect to obtain any engineers estimates
!: before the contract was let
-: The articles in THE CALL led to an
investigation, undertaken by City En-
@gineer Fiizhugh, who called the attention
of the Board of Supervisors to the outrage
which was being perpetrated on the prop
'erty-owners.
=. The matter was referred to the Street
COMMITTEE, which body met Oh Thursday
and set yesterday afternoon as the time
iar a special hearing. All of the Super
.vIsOrs expressed themselves as anxious to
rect1fy any wrong that had been done.
=. AT the hearing yesterday the whole
G ueS;i0n was settled by a discovery that
the time of the performance of the con-
20 tract had expired and no extension had
been. given. The discovery was made by
Chief Deputy Larry Weich of the Street
IAanartrnpnt inf0rn1a6 tho
superintendent of the matter. Superin-
:tendent Ackerson at once wrote letter
~ hich he sent TO the Street Committee. 1t
; is as follows:
:: December s, 1893.
. 20 the honorable the Board Of Supervisors
:. GENTLEMEN: In accordance with section 5
Of the street law OF this Stale it becomes my
= duty TO report TO your body The failure of the
:. contractor TO whom was awarded the cOntract
to.grade Polk street between Greenwich and
= Lombard Within the time specified in the con-
tfact.
=. The contract was made and entered into by
> John Kennedy. the original bidder, and the
superintendent OF streets on the Goth day of
July, 1898, In accordance with award No. 1925
and The work was TO be completed within sixty
Gays from SAID 20lh day OF July, 1898, OF
Within such fui ther time might be granite ed
by your honorable board. The time thus fixed
10 complete the work expired on September Is
1898. ana no further time was granted by your
HONORABLE board until October 8, 1898.
|, VIII thus be that me board @ lost jurs.
Beveridge VS.. I.evIngston. reported in the Fifty
fourth Gal., page 81, our Supreme Court said:
z1ETt may be admitted that the Super intendeht
4 SEPubiic Streets, with the consent of the
Bard of Supervisors, may extend tile time
hyed by the terms OF the contract provided
1sI&b extension be made prior 10 the expiration
sh contract time
ssTo mold tbat either the Board of Supervisors
or the Superintendent OF Streets may extend
i the time Tor completing the work after the ex-
+s plration OF NE contract time would
be to relieve the board and the Superintendent
. of the obligations imposed upon them by the
statutes"
And again the court has said: "Where the
:: contract time for the completion of the work oi
Grading street ln the city and county of San
J. francisco has expired the board has no power
TO extend the time for completion.
1T is a settled law that when that order was
made The conlTact was dead. and ths board
= had pc power 10 call it back to ite" l69 Cal.
A55 "a Cal. 54, West Coast Reporter 1897
therefore recommend that your honorable
board take such steps as in your judgment NAV
: be:necessary TO complete the work and as the
.. Improvement IS ln my judgment of more than
: local OF ordinary public b Deft, | would also
:: recommend that district be made upon which
The expense OF the WORK shall be chareeable.
; Respectfully. WILLIAM w. ACKERGON
Superintendent OF Public Streets Highways
-. and Squares.
: This settlement of the question did
away with several great difficulties which
s.had presented themselves IN the way of
und0iDg the work which had been done
r .
=: When the Street Committee met the
Communication of Superintendent Acker-
: son was read and explained. A. j. Clunie
was present to represent the injured
pros oierty-owners, number OF whom were
present. When the fact became plain that
the contract time had expired aud no
proper extension had been given A. j.
Clunie asked ihat all the former proceed
.ings be set aside, and that the committee
recommend that the work be ordered oil
done over again and an assessment dis
triet be formed.
:: supervisor Denman moved that such
action be taken. and after a little discus
sion the motion was carried. On hearing
this joyful intelligence the property
owners whose homes were about to be
. couGscated departed and gave cheer out
Ia the corridor.
:: After the passage OF the motion setting
aside the contract as null and void, Super
e visor Denman took occasion to exonerate
himself from any i'm putation of being the
:1ne who had fal hered the Polk street cut
scheme. He said that he had always been
willing to contribute his share toward the
Improvement, which was one which had
sheeu in view for many years. He said at
one time he had subscribed $500 toward
the Improvement but the proposition had
fallen through. He wanted everybody TO
understand that he did not desire to see
the property-owDers imposed upon. and
was willing to pay his share as he had
done before.
Surveyor Fitzhugh said that he had
known nothing of the whole matter un til
. his..attention had been drawn to it by the
article in The CALL. He investigated ii
and found that an outrage had been COM
m ftted which should be rectifed. He had
been told that Supervisor Denman had
pushed the matter in the board. and 1t was
on this informa alton that he based his state
:meuta in his communication.
. As result of the action Of the Super
.visers the loss for the work already done
en- the cut will fall on the contractor.
T he. contractor was j. Kennedy, who su D.
:, let the contract to a man named Smith.
Smith obtained Warren & Malioy to do
g the work, and the latter firm will be the
losers. About fifty feet of the cut has
alraadv hHan m ado