The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-03-11
CITYS ANSWER TO BARBER COMPANY SUIT

Il
could be found benefited in an amount
sufficient to pay the cost of such i'm
provement, and said board never made
any estimate or report whatsoever in re-
lation to such improvement based upon
the plans and specifications finally adopt
ed for the doing of said work. In this
connection defendant alleges that the
charter of the defendant requires that
the common council shall refer the mat
ter of any contemplated improvement to
the board of public works, and upon such
reference said board shall determine
whether such improvement is proper and
necessary and the advisability thereof
and if it shall determine that the same is
proper and necessary, when referred up
on petition, or if referred without pc
tition, shall determine that the same is
advisable, shall report that fact to the
common council, accompanying such re-
port with specifications and profile and
an estimate of the expense, and proper
order directing the work. And said
charter further provides that after OBJ
tanning such report and estimate from
the board the council may make such
notifications as shall be petitioned for
by any of the property owners of the
property to be assessed, or as the council
may think proper, provided further how
ever that such notifications shall not
materially change the character and OBJ
iect of the improvement as reported by
the board, or materially increase the ex-
pense thereof, and said charter further
provides that the council shall in no case
order the doing of any work unless, in
their opinion, real estate to be assessed
for such work or improvement can be
found benefited to the extent of the dam
ages, costs, and expenses necessarily to
be incurred thereby; except that upon
the unanimous recommendation of said
board of public works, the council may
order the making of any improvement.
and pay such proportion of the expenses
out of the general fund as said council
by two thirds vote of all it's members
may determine. That the board of pub
lie works never recommended that all or
any portion of the cost and expense of
said improvement be paid out of the
general funds, and the council never vot-
ed or determined to pay all or any port
ton of the same out of the general fund
and in truth and in fact no tax had
ever been levied or collected for such
purpose, there were no funds at any time
ON hand lawfully applicable to such pur-
pose, and no funds were ever voted OF
appropriated by the common council for
the payment of all or any part of such
improvement. That the board of public
works has never made any report upon
or 70 Of hn
ment according to the specifications ex-
hibit ga" attached to the complaint
upon which bids were asked, and the
common council never at any time, ex-
amined, found or determined that real
estate to be assessed for such work OF
improvement could be found benefited to
the extent of the damages, costs and
expenses necessarily to be incurred, in
their opinion, or otherwise. That by rea-
son of the aforesaid facts the ordering
of said work and the making of the con-
tract therefore hereinafter mentioned
and the contract actually made, were
wholly unauthorized, illegal and void
That all of the foregoing facts, and the
provisions of the charter above referred
to were well known to plaintiff and it
was fully advised in relation thereto be-
fore it submitted any bid for the doing
of the work or accepted, made or entered
into the alleged contract hereafter men,
toned for the doing of said work.
6. That on the 18th day of March,
1902, the board of public works pre-
pared, and thereafter caused to be pub
lished according to law the following no.
tice and call for bids, to-wit:
NOTICE TO CONTRACTORS.
Office of the Board of Public Works.
City of Mankato, March 18th, 1902.
Sealed bids will be received by the
board of public works in and for the
corporation of the city of Mankato for
furnishing of material and labor, and
doing the work of curbing, guttering and
paving with asphalt Broad street from
Lincoln street to Vine street in said
city, according to plans, profile and spec
ifcations on file in the office of the clerk
of the board; the bids for this improve
ment shall be sealed bids, directed to the
board of public works of the city of
Mankato, MINI. And shall be accom-
panied by bond to the city of Mankato
in a sum not less than twenty per cent
Of the cost of the entire work, according
to the price bid, as near as can be as
certained, executed by the bidder and
two responsible sureties, conditioned that
he shall execute the work for the price
mentioned in his bid according to plans
and specifications in case the contract
shall be awarded to him. Or in lieu
Of said bond the bidder may accompany
MS bid with certified check to the city
IF Mankato in the sum of four thousand
dollars, said check to be subject to all
,onditions required by said bond. Bids
will be received by the board of public
works in the city hall of said city until
TWO o'clock p. m. of the second day of
April, 1902, at which time the same will
,e opened and made public by said
BOARD. The board reserves the right to
eject any or all bids.
j. E. PORTER, Pres. of the Board
d. V. WILLIAMS, Clerk of the Board.
That the plans and specifications refer
ed to in said notice and upon which bids
we're asked are exhibit GA" attached to
he complaint herein.
Z. Further answering defendant al
eyes that the specifications above refer
ed to and upon which bids We're asked
we're arbitrary, illegal and unfair, and
hat by reason thereof substantial ad |
antage was obtained by plaintiff over
Their bidders, and free and fair oompeti- |
ion among bidders was prevented and |
That said specifications I'M
awfully and arbitrarily limited bids to
trinidad Asphalt obtained from the |
Pitch Lake" in the Island of Trinidad, |
r Bermudez Asphalt, and that in truth |
nd in fact the formula contained in
aid specifications for the composition,
preparation and use of the
sphalt to be used in the doing of such
'ork related and were adapted solely
nd exclusively to Trinidad Asphalt OBJ
lined from the "Pitch Lake. in the Is
md of Trinidad, and that by reason
hereof the successful bidder was limited
} the use of the kind of asphalt last
AIMED. That there were and are many