The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-08-05
Service Board Meeting.

consider the DesermouX 1mbroglio and
Attorney Sam ii. West appeared for
the contractor. He claimed that the
two contracts for water and gas pipe
extension work on Detroit street and
east SandusKy avenue made between
the city and F. Desermoux 81 Com
pany, of Springfield, dated June %,
were illegal and therefore void as bonds
were not in existence June % and so
could not possibly be in process of de-
livery. He claimed for Desermoux
that it was impossible for the contract
or to get estimate or money last We'd
nesday. Desermoux claimed that he
was willing to lose $500 on gas pipe
contract if be could be relieved from
the water pipe extension contract in
Detroit street.
Attorney Z. X. Campbell and John
E. West appearing for the city claimed
that under an old law no contract
could be made unless money was in
the treasury but that the last Legisla-
ture passed law that contract could
be let as soon as bonds were in process
of delivery. Desermoux's contract
says he should have an estimate on the
second and fourth Wednesdays of each
month and City Auditor RoebuCk,
claimed that estimates had been or
file.
The whole thing in nut shell i.
! that the contractor wanted to be re
leased from his contract when he would
lose money and thought the Seivic'
Board would release him from th'
, water pipe extension work if he woult
; finish the gas pipe extension work.
The Service Board after hearing
r lengthy legal tilt decided that the,
had no authority to release Desermou,
from either contract and decided (,
hold him and his bondsmen RESPONSE
3 BILE for completion of both contracts.
5 All that Desermoux can now do is t
finish the contracts or stop work Th
city, then under the contract. can g
in and finish the work and hold Deser
Il
r any loss Then the legal question, i
: bonds were in process Of deliver
{ when contract was made. can be de
: cided by COURTS and not before.
D Desermoux is going ahead on tn
: work and says he intends TO finish it.
After much discussion and opposi
T tion from the city surveyor the Boar
9 decided that the gas pipe ready to b
, laid in east Sandusky avenue met re
q quirements of specifications althoug
too light in weight as named in th
p original specifications. The surveyo
advised against accepting any spuriou
, pipe. DIR. Harbert. resident of eas
r Sandusky avenue. thought that DeseI
moux should be made to fulfill ever
letter of the law. G. G. Parker. wn
with several of the council, was a
interested spectator, thought the pip
was all right and spoke against delay
President Dickinson voted no agains
accepting the pipe under weight.
Council will be asked for an apprC
. priation of 500 to lay cross walks @
Sandusky and Detroit streets.
Adjourned till Thursday evening.
dI
al At an adjourned session of the Cit
y Council held Monday night. Cler
/. lSpittle read communication from ii
K Service Board in which complaint W,
is made relative TO material which Il
Is Board declares the U. b. 81 n. railwa
:, company is to use in constructing Il
line on West Columbus avenue COZ
N Meeting the Silver Lake branch of Il
" road with the Main street line. Con
a plaint was not only made of the M
.e terial but as to whether or not Il
n company will put the track to grad
and to the condition of Troy street an
II Columbus avenue along the presel
r right of way Of the company. FOLLOW
, ing the reading of the communicate
II Member Buchanan of the Service Boal
declared that this Board wished to
everything possible to protect Il
streets of the city. but. as Solicit
:, Riddle had never made it plain whetl
er the Service Board or Council hs
control of the streets he did not kno
J: whether or not the Service Board hs
L the power to interfere with the raj
y way company. He appealed to Actir
RS Solicitor Campbell to learn as to whit
ID Board has control of the streets al
n Mr.. Campbell informed him thst
had understood from Mr.. Riddle tn
is the Service Board had such coptrc
t. The members OF the Council didn
1T think so. Councilman More spoke
Of the rotten ties the company seems il
a, tent on laying In making the extensiC
I'd and he inquired as to the whereabou
s. of special brick the company had prom
n ised to use in laying track a.ong Il
ID paved section of the avenue from Il
TO Big Four railway to Main street.
ID the close of an extended discussion
Df resolution was adopted empowerir
lie the Solicitor and Engineer to enjoi
re the railway company from laying traC
ID along the paved section of the sire
$. unless it lays all steel in strict col
lg formity to all provisions of the fra
pt chise.
.e A most delightful function was tn
- held Monday evening at the home
81 Mr.. Fred Burdine, of east Auburn a
= enue, when the international Brothe
hood of Blacksmith Helpers No. 3
o. entertained their families and frien