The daily morning journal and courier., 1896-07-16
BOARD OF PUBLIC WORKS
COMMi MISSIONER STATES QUESTIONS
 THE CITY ENGINEER.

Opinion of Corporation Counsel-Blds
 Opened for Paving Ashmun and Woos-
 ter Streets-They Are Referred to the
 Court of Common Council,
 At the meeting of the board of pub lie works last evenig the asphalt con- tract had another short inning. It came about by questions propounded the city engineer by Commissioner States when the opinion on the power of the city to contract for guarantee to keep pavements in repair had been read.
 Corporation Counsel Ely to whom the matter of the assessments for re- pairing pavements had been referred, rendered the following opinion:
 T think, after a pretty careful study of the decisions of other states, that contract to keep in repair street pavement for period longer than the ordinary natural life of pavement. if properly laid, will vitiate the assess ment made on adjoining proprietors.
 The only case where such contract has been sustained is 8 case in St. Louis where the city charter expressly authorized assessments upon adjoining lots for repairing streets. Morse vs. City of Westport. 110 Mo, page 5O2.
 There is no such provision in the New Haven charter. The case of the City of Schenectady vs. Union college, 66 Huss, page 179, sustained an assess ment and contract in which 1t was agreed by the contractor that he would do all the work required by the con- tract in such good and substantial manner that no repairs thereto shall be required for term of five years after its completion
 Tn the case of Brown vs. Jenks, 9s Cal, page il, the supreme court of California held that a contract under which the contractor bound himself to keep the streets in thorough repair for the term of five years from the com pletion of the contract was invalid and the property holders could not be assessed for the expense thereof
 All cases, with the possible excep- tion, perhaps, of the one in California, seem to hold that a contract to repair all defects arising from improper con- struction may be sustained; and in my opinion contract which merely pro- v1des for a guarantee of that nature, and the assessments laid to meet the expense incurred under the same, will be sustained in this state"
 There was considerable discussion over the opening of the bids for laying pavements in Ashmun and Wooster str ctA. that inasmuch as the court of common council had ordered all bids to be re- turned to it, it was only fair to inform the bidders of the possible length of time before the contract would be awarded.
 Several of the bidders were present and signified their willingness to allow the bids to be opened and run the chances of early action upon them by the court of common council
 It was then moved that the bids be opened ,
 Many of the bidders did not confine themselves to the use of Syracuse brick as specified by the order of the court of common council. This fact, however, will not exclude the bids so estimated
  lature
 The bidders who confined themselves to Syracuse are: Ashmun street, J. F. Miles & Co.,, s3.15 per square yard ten year guarantee, $2.01 five year guaran-, tee and s1.99 with no guarantee; c. w. Blakeslee & Sons, ten, five and no guar antee, respectively, s2.3O, $2.19 and s2.12; A. J. Carmichael, five year $1.93 and the same bid for no guarantee; H. Gore & Co.'S bids were for $2.62, $2.37 and $212; Abbott, Gamble & Co.,, s2.35, $2.11 and $2.09; J. A. Doolittle & Co.,, $2.75, $217 and $209; Connor Brothers, $243 for five years and the same for no guar antee: Lawrence O'Brien, $40, $35O and $2.40
 Wooster street-Abbott Gamble Co.,, $2.27, $212, $207: L. ORrien, S450, $36O $2.50; A. J. Carmichael, s2.23, the bid being the same for five years and for no guarantee whatever; H. Gore & Co, $2.69, $2.44, $2.19; J. F. Miles & O., s3.15, s2.01, $199 C.. w. Blakeslee & Sons, $2.35, $2.24, SPA Connor Bros, $289, five years, and the same for no guarantee; J. A. Doolittle, $3.10, $2.72 $2.56
 A communication was received from Eli Whitney, president of the New Ha- ven Water company, in reference to the contract with the city to supply water for sprinkling streets. The paper was referred to the court of common coun- cil.
 J. P. Thompson was awarded the con- tract for the concrete walk in Edge wood park
 The Manufacturers Railway com pany was granted the privilege of mak- ing excavations on streets along it's line in Fair Haven.
 The petition to change the grading of was referred to the committee on streets.
 communication was received from the court of common council giving notice that the committee on streets would consider the matter of paving Church street between Chapel and Elm streets,on Thursday, July Is, in rooms 10 and Il, and asked that the board be represented before the committee
 President McGann and the committee on streets were instructed to be pres ent at the meeting.
 At the close of the reading of the opinion MT. States said: MT. Kelly Did you ask MT. Ely concerning the five and ten year guarantee before the contracts were awarded?'
 MT. Kelly-'I did"
 MT, States-"What did he say?''
 MT Kelly-"He thought such a guar