The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-09-27
Barber Asphalt Company Slip.
ped Up on City.
Got Exclusive Repair Contract
for Five Years.
NOTHING CAN BE DONE.
Disintegrating Pavements May
Be Fixed in One Way
That Is to Let Trust Do the
Work.

Here's a pretty mess. The city
seems to have tied itself up to the
Barber Asphalt paving company so
that it can't resurface any of the worn
out asphalt paved streets until May
16. 1907, unless it hires the Barber
company TO do the work and pays
that company the outrageous price of
$1.5S a square yard.
Topeka has supposed it had a IRE
pair contract with the Barber COM
pany. Instead of that. the contract
seems to cover not only repairs, but
reconstruction involving the entire re-
laying of the pavement The city can
not call for bids on resurfacing worn
out streets; it must abide by its con-
tract and do business exclusively with
the asphalt trust
A few days ago, E. B. Demarest,
the 'attorney-in-fact' for the Barber
company. who got into trouble not
long ago on account of some Doodle
scandal in Oklahoma. was in Topeka.
In conversation with certain we'll
known city official, Mr.. Demarest said:
Il made a pretty smooth deal with
your city in that last contract of NINE
/ have got things fixed now so that
If YOU folks want to resurface any of
these worn out streets of yours dur
ing the next five years, the Barber
company will do the work. Did you
know that? Our contract is broad
enough TO take it in, and you can't
do the work unless you let the Barber
company do it
An examination of the contract on
file with the city clerk seems to indi-
cate that MI Demarest is right. At
no place in the contract is the work
to be done by the Barber company
referred to as repair work" 1t is
always repair and reconstruction" 1t
appears on the face of the contract
that it was drawn for the express pur-
pose of including not only the patch
ing and repairs OF the asphalt pave
ment. but its reconstruction as well.
Here are some extracts for the con-
temptation not only of property own
ers. but Of the city legal department
as we'll:
said party of the first part CThe
Barber Asphalt Company shall and
will furnish all the material and ap-
planes and perform all the work
necessary to repair, reconstruct and
maintain all the asphalt pavement in
the city of Topeka for a period of five
years from the 10th day of May, 1902,
to the 18th day of May, 1907.
The work of repair and recon
struction provided for in this contract
shall consist in cutting out and remov-
ing the worn out or defective portions
of the asphalt pavement and the put
ting in of new asphalt, and in the
removing and putting in new concrete
from time to time as may become nee
essary in the judgement of the city
THE price to be paid said party of
the first part for said work is as fol-
lows:
For asphalt pavement. including a
concrete base of six inches, $I99 per
square yard
For laying asphalt pavement with
out concrete base, $1.5s per square
The city thought it was doing a rath-
er clever thing when it entered into a
contract that it should not be compell-
cd to. n
wanted 10. but it seems to have step
ped right into a trap which was DELHI
erately set by the asphalt trust.
The present asphalt pavements on
certain streets are worn out and the
city has practically stopped trying to
repair them The city council seems to
have concluded that the cheapest way
is to let the pavementS wear as long
as they will and then have the proper
ty owners petition for a complete re-
laying of asphalt. Brought up in this
way, the property owners would have
TO pay the expense of the resurfacing,
while if the city should attempt to Ie-
pair the WORKOUT pavements, it would
cost perhaps $4,000 a year, which
would come out of the general city
treasury.
The way it stands, the city is not
obliged to do arr work, but if 1t does
any work of any kind, either repairing
or relaying asphalt Placement, the Bar
Der company will do the work. Evil
IDENTIFY the Barber company has been
fully aware of its advantage, and is
quite willing the city should allow the
pavements to go to pieces. 1t feels sure
that sometime before May 16, 1907, it
will be obliged to call on the Barber
company for help.
Apparently the city is prohibited by
this contract from repairing or resur-
facing the asphalt streets with brick or
anything else. 1t must use trust as
phalt at $1-5S a yard, and that's all
there is to it.
City Attorney Spencer was asked to-
day what he thought about the situa-
ton. He said:
I have not read over the contract
recently, and ! don't care to express
any opinion in the matter"
City Engineer McCabe says: IF the
contract calls for all the work to be
done by the Barber company. il rather
looks as though it was useless to talk
about reSurfacing these streets with
anything. I don't know what the con-
tract does call for. That is a question
for the legal department"
1t is over two and half years until
the present contract with the Barber
company expires. At the rate the as
phalt pavements are going to pieces
now. there will be nothing left of some
Of them at the end of that time. 1t is
doubtful whether the people will en-
dure the condition that long. They
may even be willing to pay S1.5S q
ID