The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-05-03

by a vote OF twenty-four to nine,
the councils, last night, in joint ses-
sion. declared in favor of proceeding
at once with the repair of the asphalt
streets under the ten-year contract
with the Barber company.
The session was called by Mayor
Moir specially to consider this matter.
He sent the following message:
TO the Honorable the Select and Com
mon Councils.
Gentlemen: l have deemed it my duty
TO convene you In special session for the
purpose of considering the condition of
our asphalted streets, and the quickest
and best way to put them In proper con-
dition, and whether we shall repair them
temporarily or permanently.
You are conversant with the several
methods proposed: First-To fill all holes
in the asphalt with a fine concrete, as
has been proposed by the street COM
missioner. This would secure safe driv-
ing and would be good for one year at
least; and at an outlay of $500. This
method would solve the problem for the
time being and should you decide to pur-
chase a city plant would give you time
to put the same in operation and place
funds at your disposal TO begin with.
This, in my estimation, is the proper
and most economical solution to the
present difficulty, the evidence of inter-
ested parties to the contrary, notwIth-
standing.
Second-To resurface all streets in need
of repairs, advertise for bids for the
same and apply to court for power to
make a special levy and issue bonds to
pay for the entire outlay at once.
Third-To proceed in the way pro-
posed in ordinance, file of common coun-
Gil No. 80, by letting it to the Barber
Asphalt company to resurface and keep
in repair for ten years all asphalt streets
In the city at an annual outlay of $l7,j20.
A contract was executed between the
Barber Asphalt company and the city
on this basis; the matter was carried into
the courts, and the courts ruled that a
portion of said contract was illegal and
invalid.
1t appears n second contract was drawn
up and signed by my predecessor, but
this contract has disappeared, and now
/ am urged to sign thId contract be-
tween the above named company and
the city.
This, l believe, l have no power to do;
1t would be assuming too much on my
part without Instructions from yoL in
relation to the same. And further it APP
pears to me that you ought to make II
plain where the money is to meet any
Of asphalt streets.
The item of S17520 which appeared in
the appropriation ordinance 1899, was
vetoed by Mayor Bailey and as / under
stand 1t, is now in the general city fund.
This item is entirely at your disposal
and can be used as you may deem best.
The question is now before you. Speedy
action on your part is imperative. 1t is
for you, gentlemen to legislate and
humble N n
Respectfully,
James Moir, Mayor,
Following the reading of the mes
sage Mr.. Chittenden introduced this
resolution
CHITTENDEN RESOLUTION.
That the mayor is hereby authorized
and requested to notify the Barber as
phalt company to proceed at once with
| the repairs under the conditions named
| in the ordinance and the contract as
| modified by the decree of the court.
In case of the compliance of the
Barber Asphalt company with this no.
| tice and request, councils pledge them
selves to the mayor the vote of ma
| iority to such legislation as may be
necessary to complete the work. Pro-
Vided, only, that the action of the mayor
| ana the Barber Asphalt Paving COM
pany is in accordance with the ordinance
and bids already acted upon by councils.
Be 1t further resolved, that the mayor
is authorized and requested to execute
contracts with the Barber Asphalt Paw
| ing company to conform to the decree of
the court and to take the place of those
mislaid and which cannot be found.
Mr.. Melvin offered as a substitute a
| resolution directing the city solicitor
to take the matter into court in the
| form of a case stated to ascertain
whether or not the contract is binding.
Mr.. Chittenden seconded Mr. Mel
WINS motion to substitute, 'just to get
| the matter before the house." as he
stated. "The whole thing ought to be
thoroughly discussed" he added.
Mr. Chittenden then went on to say
| that he was surprised at his own posi-
ton. He had fought the Barber con-
| tract and favored a municipal plant,
| but was now satisfied, that under all
the circumstances of the case, the best
thing to do would be to proceed with
the repairs under the Barber contract.
| Concrete patching will not answer the
purpose, and a municipal repair plant
means a delay of six months even if
the $4,000 necessary capital was with
in reach. In view of all this and the
fact that the city, in the opinion of
the best of our lawyers, is liable under
the Barber contract, the only course
left is to carry out the terms Of that
contract.
Mr.. O'Boyle spoke in favor of Mr.
Melvin's resolution, saying the matter
ought to be tested in court and tenn
porary repairs made in the meantime.
Mr.. Sanderson read the decree OF