The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1904-04-18

GENERAL COUNCIL
LOSES A POINT
Court Of Appeals Decides an I'm
pOrtant Question.
The Board of Pablo Works May Let
the Contracts for Original
Street Improvements.
WENT UP FROM LOUISVILLE

Wnicn VIII no doubt apply IN Paducah
should a controversy ever come up in
volving the questions which arose in
Louisville. The decision sustsins the
lower court in holding that the gen
eral council does not have to approve
any contract made by the board of
public works with contractors for the
original improvements OF streets.
There Is quite difference In recon.
structing streets and the original i'm
provement OF Thorn. The street paving
now being done in Psduaoh, and that
20 be- done with the 600, 900 bond
issue, are Reconstruction work" and
half is paid by the city and half by
the property owner.
la opening new streets. and grading
and sIaveling. or paving them. how
ever, the costs are being paid by the
property owners, and 10 IL known as
Original construction. Tho courts
OF appeals decides that the latter con-
tracts may b. lot by the board of pub.
lie works, after tho ordinances neoes.
sary for the improvement have teen
passed by the general council. and
that the contracts do not have TO be
submitted to the general council for
ratification.
The Courier Jou rnal says OF the de
ois'on:
THE decision Is an important one
and settles for all time the right and
power OF the general council TO refuse
contracts for original street work be.
cause of any defect in the contracts
themselves or in the bond which il
given. For many years all contracts
for sll sorts Of street work have been
,sent 20 the general council for APP
p-oval this being considered neoes-
tary TO the legality Of the contracts.
In order 20 improve any street which
has not already been paved ordinances
must be passed by the general council
allowing the board 20 award the con
tracts. The contracts then went to the
general council for approval
"In the Selvage Construction com
pauy case, the contracts amounting to
s27 900. were awarded 20 the com
pany for the original construction OF
q number of blocks OF streets with
vitrihed brick. The board OF public
works approved the bond OF the COM
pany and then sent the contracts to
the general council for approval. The
lower board objected to the bond fur
nished on the ground that the man
making the bond was not a resident Of
Louisville. Tho city attorney gave
~ his opinion that in contracts for
original construction. the cost being
paid by the property owners direct.
the approval Of the general council is
not necessary. 4 friendly suit was
illed to test tho question, and the con.
struction company was sustained In
every point"
Although Louisville is city Of the
first class aud Paducah OF the Sc oond,
the principles OF law decided are no
doubt applicable 10 Paducah the same
ne Louisville.
..sowing TO this same decision in
Louisville, a movement, has been put
on foot by city officials there. They
contend that II IL not necessary for the
general council to meet and 20 through
with the perfunotory duty Of allowing
their salaries, and whether or not il
is necessary for the general council TO
approve the pay rolls is to be referred
to the courts.
The policemen, firemon and others
now have to wait until the middle of
the month for their salaries very often,
NhANh ~ eoihttimtS eu usthrsiik
The question, it is claimed, has al
ready been decided by tho court of APP
peals. but 1t is the thought some new
authority may now be presented, and
an effort will DO made to have the
court again pass on it,
The contention Is that where money
has been appropriated by the general
council in the general appropriation
ordinance, 1t is then allowed, and all
claims for salary to have to receive is
the approval of the proper officials
that the work has been performed.
The case will be watched with inter
est by local city officials.
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