The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-01-09
RICE SfREET. PAVING AGAIN
BOARD OF PUBLIC WORKS MAY
AWARD THE CONTRACT
AFTER ALL

VIII Probably Be Some filtration
Before the Property Owners Con-
sent to the Award Under the
Change in Specifications.
The board of public works Is In some-
thing of quandry over the paving Of
Rice street from College avenue TO Front
street. Bids for ,paying the. street with
brick have been opened by the board, and
while the contract has not been let, It is
understood pretty thoroughly that Field
ing & Shepley will be awarded the con-
tract, the firm being the lowest bidders.
Dec. I last the board of public works
sent to the council final order for
change Of grade on Rice street between
pennsylvania avenue and Acker street
In this order the board stated that tha
matter had been considered and the
change Of grade was necessary and
proper and should be made according to
the line as shown by the plan and profile
attached.
Without giving the matter any more att
tertion or waiting until the council had
ordered the change Of grade, the board
of public works went ahead and adver-
tised for bios for paving the street with
brick. In fact, a number of the property
owners claim that advantage was taken
by the board and this particular kind OF
pavement ordered without consulting the
property owners. After the bids had been
opened it occurred to the board that It,
might be a good idea to have the change
of grade first made, in order to have no
question about, the legality of the assess
ment. The opiniemsef the corporation at
torney at theiEeleventh hour was asked
Oh the point and yesterday the board re.
ceived the opinion .of the legal depart
ment. 50
President Pottgieser said last evening
that the opinion from the legal DEPART
ment had been received too late to bring
it before the board at the meeting yes
terday, but it would be taken up TODAY
The opinion, Mr.. Fottgieser said, would
not make it necessary to commence pro-
cecdings for the paving over again, aud
no new bids would have to be adver-
tised for.
Assistant Corporation Attorney Grfggs.
when asked regarding the opinion, said
he had advised the board that if any ma
terial change in grade on the street was
made, IL would be necessary to cern-
mence the proceedings over again In
order that there might be no question
raised as to the assessment for the work
The opinion, he said, did not go into the
question of fact as to whether there was
a material change of grade contemplated
on the street at all, leaving that point to
the Judgment of the board. 1t is claimed
by the board that the change of grade Is
not much of change. being only about
four inches for a distance Of $50 feet. end
that provision was made in the specifica-
lions for such a change. This clause in
the specifications, in the opinion of some
of the members of the board, does away
with all argument as to the change of
grade having to be passed on by the
council. Some OF the property owners,
however, who are opposed to the paving
OF the street, are going TO take the mat
ter into the courts and ascertain If it Is
possible for the grade of street to he
changed by clause in the specifications
for the paving. Of the same It is also
asked by the property owners. II It
is legal to make a. change Of grade in
specifications, why, the board of public
works sent to the council a final order
for a change OF grade in the first place.
The board Sesteraay had under con-
sideration specifications presented by the
city engineer, fslnderS which cement side
walks will hes laid during the present
year. The specifications are practically
the same as those gpder which the work
was done last year, but will be slightly
amended befoge being approved. The
board has DECIDED that South Wabasha
street, at he1end lRf the bridge. is 12e
feet wide, and have notified Sheriff Wag-
erer that he will be obliged to go into
court to collect damages for the use of
land to which are claims ownership, which
is being used Tor approaches and slopes
to 4 10 ,rifl