The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-09-03
SEWAGE DISPOSAL BEDS
iow the City May Be Saved Ten thousand
Dollars.
10 BE DONE BY RtADyfRIlSING FOR BIDS
How Specifications Were Changed by
the Hoard OF Public WorIss-Con-
tention OF Mr.. otto Pnpe.

At the last meeting Of the city council
both aldermen Thomas and Haiverton
commended that The city would save sever
al thousand dollars by rcadvertising for
bids for the sewage disposal beds.
Mr., Otto Pape in referring to the mat
ter and in support of the position taken
by the alder;nen and in reviewing the
history of the entire matter says:
by ordinance duly passed by the city
council OF the city of Houston. the chief
engineer was directed to prepare plans
and Specifications for the construction Of
sewerage publication works for the city.
The plans and specifications as submitted
by the engineer and approved by the
board of public works were in accordance
with the specifications.
In accordance with these speeihca lions
pids were Invited. and on the l3rd day OF
July. 1900, were opened in the coun-
Gil as provided by Law.
The proposals were referred to the
board OF public works and the city eng-
neer, and the work according to the esti-
mate OF the city engineer was placed at
between $4,000 and $3.50, 600 and returned
to the board of public works for their in
formation as provided in the city charter.
The board OF public works reformed and
revised the plans and specifications in
such a manner as practically TO do away
with from forty to fifty per cent of the
work TO be Gone and material to be furn-
.shed. In so altering the plans and speci-
hcations | contend that the board of
public works exceeded their authority and
usurped the power of the council and the
contract is not in compliance with the
terms of tie city charter II let in this
levised condition as Will appear from a
perusal OF section 81 of the city charter
1t is "a recognized fact that municipal
corporation can only perform such &C
as is given it by its charter. and the city
council has no power 10 delegate to a
committee or officer the right o do any
acts which the charter requires of them.
And any contracts made when not in ac-
eordance with the terms of the charter
are absolutely void and can not bind the
public
Where contracts for public work are
required by law to be made by adyertis NJ
the proposals and specifications, for the
purpose of securing the competitive bid
ding, such specifications must be deinite
as to the quantity as we'll as the quality
OF the material required or the contract
will be void.
III the law requires that contracts shall
be made by advertising for proposals for
the work 10 be done and by giving the
contract to the lowest bidder, the city Off
GERS have no authority after the bids have
been opened to alter the contract mate
rally and then award to one OF the
original bidders without new advert Sc
ment. A corporation Is not bound by
contracts within the scope OF its chartered
powers, II made by officers or agents, il
not thereunto authorized, or not in ac-
cordance with the provisions of its char
ter.
AS this proposed work clearly comes
within the provisions OF section 81 of the
city's charter and the amount exceeds the
sum of $500 10 he expended for Improve
ments, the Question resolves Itself, as to
whether in letting this contract the pro
visions of the charter have been complied
with.
Il. The original plans and specifications
as approved by the board OF public works
was Tor an amount of material and were
to be done in quantities as specified in tho
specifications. the board reserviug the
right to accept the quantities OF material
and work needed. In constructing this it
is understood on general principles that
Il was impossible to figure out to The yard
inc exact amount of material needed tor
these works and the additions or daduc.
quantity or in other words sufficient
amount to compensate the plant according
to specifications
Ihe bids for the publication works
were made on this basis, aud as follows:
Shea, Sl7O,5S4 Hipp & Key. Sl6s sos.
You can see by this that one bid was
the lowest bidder, but after the alters
ton of the specifications by the board Of
public works in which they made a de-
duotion of 40 to so per cent of the mate
rlal needed and thus decreasing the plant
IN proportion. we find that by cutting off a
vast amount OF material which the con
tractors would have to go into open mar
ket TO purchase, the bidding wns revised
as follows; Shea, $l09,940 Hipp 4 Key.
Sill .5G5.
From this reformation of the original
specifications we find that the right oil
competitive bidding on the amount OF the
work 10 be done was totally destroyed.
and the lowest bidder on the original plans
though qualified and satisfactory in every
respect, is deprived of the benefits IN
accordance with his bid, as also the pro-
visions Of the charter.
After the bids according 10 mans ana
specifications were opened in the council,
tney We're referred to the boa-d
OF public works for their information.
lhey nave the power to recommend the
acceptance or rejection of any and ali
pids, but no power to make alterations 20
the extent OF reducing the amount of work
and material forty per cent The charter
says no bils to be considered unless made
IN accordance with the plans and specih-
cations. would ask II the contract about
TO De Nude for this work is within this
provision? The object OF requiring all
IMPROVEMENTS to go through routine as
provided, is that one department or set
OF officers may be check for the other, |
and thus assure to the tax payers good
government. and the benefit OF judicious
expenditure OF the public revenue And
while | do nat cast any reflection upon
any of the officers of the city government
would state that the authorities ca m
that delegatlng such an extensive authori- |
iy as reforming a contract or plans ana
specifications as done in this instance I
would open the door for fraud, for in
stance by way OF analogy, bids could be I
asked for the Improvement OF any num- T
Der OF streets or for any amount OF public .
work. and reduce either in material or
In the quantity Of work to suit the reyis
ors, and give the contract by this means
10 any one they saw ft Surely no one
will contend that such action MS this
comes within the spirit OF the Law
II cannot see where the public has the
benefit OF honest and fair competition.
and this fact alone Vitiates and uttarlr