The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-13
THE JUDGES DECISION.
Board OF Works Sustained In Every
Important Point.

Board OF Works Sustained In Every
Important Point.
The plaintiffs bring this action against the
defendants, Sterling r. Holt, treasurer of
Marion county and ex-oficio treasurer or
the city of Indianapolis, the Capitol Paw
ing and Construction Company and the City
of Indianapolis, to perpetually enjoIn said
defendants from collecting certain assess
ments against the lots of the several plant
IFS abutting on Alabama street, In said
city. These assessments were made against
said lots oil account of the paving OF said
street in front thereof. The plant
ifs also apply for a temporary
injunction, unit, a final hearing can be had,
and the question is whether on the showing
made they are entitled to such temporary
injunction.
The pavement was laid by said paving
company, under a contract between 1t and
said city. through its Board of Public
Works, and 1t may be described in a gen.
eral way as a red cedar block pavement
on "a broken stone foundation. The
contract is regular in form and in
accordance with the provisions of the city
charter, and was entered into with said
paving company, as the lowest and best bid,
der, after all the preliminary steps required
by law had been taken. In other words, lt
was a contract which was within the power
OF the city 10 Hdhe. IL II " toilCiiuCu
either that the assessments as made. upon
the letting of the contract, or the making
out, approving and certifylng by me 70 6oa ara
head of the financial. department or the
city were not all regularly made and done
made as to the regularity in form of the
acceptance and approval of said work. as
complete, and of the allowance OF the fnai
estimate therefor by said board, nor as
to the certiication in proper form OF the
duplicate copy of the assessment roll by
- - R,n n IN III fTna ire
But it is averred that said paving company
failed to comply with - contract in the
respects t9s,;s h herein srcb set fd f1rfs' M ana t WeiI
it, on the soth day of No,
work as complete. and allowed a final esti-
mate therefor in favor of said paving conn.,
pany, and thsreu npp5 d sal i aepa 3 dnn1ica te
copy of said assessment roll TO the de1end,
ant, Holt, the ex-officio treasurer of said
the part Of the paving company to comply
with it's contract renders such assessments
wholly invalid.
CONTRACT REQUIREMENTS.
What, then, We're the respects in which
the paving company failed to comply with
its contract? The contract contains numer-
Gus specifications for doing the work.
Complaint is made as to the performance
of the ~thirty-ninth and a part of the forty
first specifications. The contract, in the
twenty-third specification, provides that the
roadway is ito be graded to a smooth and
true surface, to a depth of twelve inches
below the surface of the pavement when
completed, as indicated by the profile and
stakes set by the engineer, and all soft
and spongy places not affording a firm
foundation will be dug out and reflled
witt good broken stone or gravel OF the
quality and size prescribed for concrete,
when the entire roadbed will be thoroughly
compacted by rolling with a steam road
roller wQi0hino NOT less than ten tons. Or
with a road roller weighing not less than
six tons. The placing of any concrete or
road materials upon the subgrade thus pre-
pared will not be allowed until the engineer
has and approved the grade"
The thirty-ninth specification provides that:
Upon the subgrade thus prepared,
= . will be evenly spread a layer of sound,
hard limestone, broke as nearly regular as
than two and one-half inches in any di-
rection, which shall be screened through a
revolving screen; upon which shall be
of sand or stone screenings, which shall
then be thoroughly flushed with water, the
fiiiing voids With sand. This layer shall
then be compacted by rolling with a steam
road roller weighing not less than ten tons.
After said layer is compacted the thickness
Of the same shall not be less than four
inches. When this layer is completed to
the satisfaction OF the city o emgineieeir a sec
thickness. and laid in the same way. shall
be put down"
r AC M NJ IIAI T I1tI HE IIII-
dation ~ hroran stone formed as specified
in Section 80 will be laid a bed of fine.
sharp sand, free from ioam or vegetanIe
nacted tn serve as 2. bed for the wooden
blocks, which will be laid directly upon
and embedded in II, with close END ana
sue 1oiFts dasc,ib,nr the cbarac-
err of the blocks to be used. the manner in
which they. shall be laid ana eompacted'
tUaan fbe Hooks Shall then be filled with
dry. double screened river gravel, free from
dust, sand or ioam, from ohe-louIsn incn
70 unS Ia n,th SOL ,,oi,ted bras re rrcb
. mp IA VIZ" s1n &c 70 enter oil Inters9ices
smapo an arocass ho,,g raneated ,,ntiI tho
lreeiy, snls RIIoSseSS Isl as pe ~ III eae
spaoss alv tue snscas hapween tba
hincLs shaIi he romnietelv filed tn the
bnttnr, VIII bot no WIG ran,ant conorosad
ne ~ rar cent ,afnad Tsrinidaa asnhait
ou,xnJ pw;., on nor Cant coai for navin1
nliMeu VIII pc. : .r,nara,, = PC nasf
yeineu,, sa $780, ne H. m To-
sS So ,na :, ~, ~ on,era : 40 chad - tha canant
snow on tn s = uas Sot iass than sn ne Se een
.ann In a. oarrnnt ,s 49, 80