, 1902-11-07
Wildwood Council rIeeting.

A special meeting of the Wildwood
Borough Council was held Friday eve
ming, October 81, for the purpose of ap-
pointing an inspector for the cement
walk work and to hear the solicitors
opinion. Mayor Baker and all the
Councilmen were present, as were also
the solicitor and clerk. Solicitor Zeller's
opinion sustained the action of Council
and read as follows:
In reference to putting down cement side
walk and curbing In the borough of Wild
wood, on which you have asked my opinion
on the following points:
L. Have private property owners the right
to put down their own walk and curbing after
the awarding ofthe contract by the Borough
Council?
2. Has the Council the right to prevent pri-
vate property owners from putting down their
own walk and curbing after the awarding OF
the contract?
B. Had the Council the right, mt n special
meeting, TO pass n resolution authorizing II
supplementary contract on specifications at
an Increased price without asking for COM
petitive bids?
In answer to the first point 1 have to say
that written notice of the proposes improve
ments was sent to all property owners to be
af1ected by said improvements, dated August
q, 1902, giving the said property owners thirty
days time in which 10 perform the work re-
quired thereby Tor arrange for the same), as
provided for in section so of IA General Act
Relating to Boroughs (Revislon 1880; the said
property owners falling to carry out the pro-
sAo VI WV vi biO Llll HfllI III
provements, as required by law, the Borough
Council had the right TO award the contract
for the performance of the said work, as pro-
Yided for in section 81 of said act.
In answer to the second point, the Council
having awarded the contract and having the
right TO require the faithful performance of
the same, and the contractor having entered
into a good and sufficient bond, guaranteeing
the quality and durability of the work, the
contractor should not be interfered with.
On the third point | would say that the price
agreed upon IN the supplementary contract
being no higher than the lowest prices named
IN the first bids presented for an improved
class of work, in my opinion the Council was
acting within its jurisdiction.
Since the supplemental agreement
was entered into with Mr.. Sweeten it
has been a question in the minds of
many of our citizens whether the orig
inal bond for $4,000 given TO guarantee
the work for five years was still in force.
The solicitor has given no opinion OH
this subject, for the reason, perhaps,
that Council has not requested it. The
matter was disposed OF, however, by
the presentation of the following letter
addressed to b. +. Sweeten d Son and
a. stsae& y Z: r: fsesthofds, hicr WITS
read and ordered made a part of the
records pertaining to Mr.. Sweeten's
contract and ordered spread on the
minutes:
Camden, N. j., Oct. 20, 1902.
Gentlemen: / understand that you
have made a supplementary agreement
with the borough of Wildwood cover
ing the contract for cement walks, and
as signed your bond for the original
contract, l beg to state that the new
agreement Is perfectly satisfactory to
me and l am willing to endorse the
supplement referred to above if neces-
sary.
Yours very truly,
g. a. REYNOLDS.
Resolution by Banks, seconded by
Harris, whereas, a number of citizens