The indicator., 1904-03-19

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owners of the city. provided we arr
awarded the contract for the paving.
we now add that as an inducement tt
the district and city we will construct
said curbing on Northern avenue il
accordance with the specifications
heretofore adopted by you for thit
improvement if contract is awarded
for our pavement as provided in the
specifications
And if the necessary resolutions
and ordinances are passed duly author.
izing this improvement, that is, the
paving and incidentals, without the
curbing, and if contract is awarded
for the paving without the curbing,
we will at the same time that the
contract is awarded to any one and
! executed, give suitable bond satisfac-
tory to you that we will construct
said curbing on Northern avenue
aforesaid as herein proposed. free Of
charge to either the property owners
or the city at large, either in advance
of or contemporaneous with the con-
struction Of said paving.
Respectfully submitted,
WARREN BROS. COMPANY,
By Louis M. Pfeiffer
The matter being referred to the
public works committee and the city
engineer, johnson, Curtis and Walker
and Engineer Hathaway, the PROPOSE
tion was sidetracked, the committee
reporting that objection was made
by the Evans avenue property own
ers that they, too, should have new
curbing put in and that the city
should have rebate for its stone
curbing in front of the city hall.
To this demurrer the paving COM
pany came forward again with the
following offer:
FEBRUARY 2Oth., 1904.
To The Hon. Mayor and City Council
of the City of Pueblo, Colo.
Gentleman
Referring to the proceeding now
pending before your honorable body
in the matter Of the proposed paving,
etc, of Northern and Evans avenues,
understanding that repairs will be
necessary in three or four places to
the curbing on Evans avenue in the
district proposed. we add to our for
mer communications this offer: In
case you proceed and award a con-
tract for the proposed improvements
in accordance with the specifications
heretofore adopted, we will furnish
all the necessary materials, work and
labor, and Herewith make said re-
pairs in first class manner, under
the supervision and to the satisfaction
of yourselves and the city engineer.
Very respectfully,
WARREN BROS. COMPANY,
By Louis M. Pfeiffer.
The petitioners showed the court
that the paving company had offered
to give bond to put in the curb on
Northern,avenus and to repair the
curb on Evans avenue for nothing,
but the Judge said he could not take
bonds nor require the city council to
take bonds.
Proceeding, the judge suggested:
not as judicial but as a practical
plan, that the paving company enter
into a contract Immediately and d.
rectly with the city, to build the
curbing on Northern avenue for a
nominal price, say one cent a foot,
upon condition that the paving con-
tract is let, and give a bond now to
secure the contract thus made. To
the suggestion the representatives
Of the paving company assented and
offered to file proposition at once
to that effect which the council could
act upon the Monday night following.
The court then dismissed the man.
damus proceeding, and counsel for
both sides agreed to make some ar
rangement by which the suggestion
of the court could be carried out.
The attorneys for the defense con-
veyed the information that the city
is tired of the long drawn out litiga-
tion and would be glad to end it if
some plan could be adopted that
would suit both sides. They prom
ised to take the matter up at once
and expressed some hope that it
would come out all right.
T. W. Lynch is having extensive
improvements made to his residence
la