The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-09-02
TO BRING TEST CASE.
kansas Avenue Paving Question to Be
settled.

W. F. Schcch, attorney for the Warren
Brthers Bitulithic Paving company,
puts I'D the novel claim that the money
for paying for the paving of Kansas av-
enue, can be taken out of the general
improvement fund in annual INSTALL
ment amounts equal to the amount of
taxes which the property holders along
Kansas avenue pay into that fund.
To test the legality of this contention
1t is proposed that the city is to engage
in a friendly law suit. City Attorney
Dreaming and w. F. Schoch are to pre-
pare briefs to cover the case after a
conference has been held. The city clerk
in the meantime will be instructed to
advertise for bids and the contract will
be awarded. The whole matter Will be
then thrown upon the supreme court of
Kansas for determination.
Should the court hold that it was per-
fectly legal to incur the expense Of paw
ing in that manner the city can proceed
without fear of being tied up in endless
litigation with the Kansas avenue pro-
perty owners. The preliminary step, to
recommend to the city council that the
city clerk be instructed to advertise for
bids for the paving of Kansas avenue,
was taken last night by the judiciary
committee.
The estimates and specifications pre-
pared by City Engineer McCabe call for
the paving of Kansas avenue from Cor
don street in North Topeka, to Tenth
avenue. Natural rock asphalt, sheet
asphalt and bitulithic are the materials
included in the estimate. Brick is barred.
1t is said that the present grade cannot
be maintained if brick is used, without
destroying the base of the pavement.
The general improvement fund Sc
cures mills from the general levy
which the city makes. The Kansas ave-
nue. property owners contribute about
$4,000, on an estimate, each year to
this fund. The cost for bitulitkic is
$1.75 per square yard and for paving
Kansas avenue it amounts to approx
mately $4,000 for the entire contract.
The Bitulithic Paving company offer
to accept the amount of the contract
in ten yearly installments of $4,000
each. Or if the necessity arises they
are willing to even extend that time.
Schoch proposes that the city council
should set aside this annual INSTALL
ment from the general improvement
fund. Fred w. Webster is the local
agent for the Bitulithic Paving COM
pany.
AS yet the biggest objection which is
to be found against the pavement is
that it has not been tested by time. |
1t is but four years old. Webster
stated that the company would be !
willing to sell the city a bitulithic |
plant and that the city might do its |
own work but that it would have to |
be done under the direction and adj
vice of the originators of the pave
ment.
City Attorney Dreaming takes excep- |
ton to the opinion which Schoch has
expressed. There is no way on earth |
by which the city council can enter |
into a. contract for pavement without |
having the money in advance in the |
city treasury to pay for it, said he in
no uncertain terms. you either have i
to have the money in the general i'm
provement fund or else You have to is
sue bonds. The law expressly pro-
Vides that this must be done. There is
no way by which you can set aside |
annual installments from the general
improvement fund. If you should do |
this for Kansas avenue you would soon
have the fund tied up for years to
come upon a similar plan; for there |
are other streets in Topeka which are
in a bad way and which will have TO
be resurfaced. What the city council |
should have is some definite policy in
taking care of its pavements. 1 think
the right way to approach this matter
is to secure a list OF all the property
owners along Kansas avenue, place the
cost of the different kinds of pavement
to them opposite their names and then
go straight to them and persuade them
to sign some sort of a petition. I am
not going to enter into any suit on
this plan proposed by Mr.. Schoch
am against that from the start and |
will stay that way. The law is plain
enough
Il thought that Mr.. schoch had
abandoned that scheme of installment
payments from the general revenue
fund said Mayor w. H. Davis this
morning Il understood him to say
Alidl the sui WOULD be Drought to see
if We could not arrive at some sort of
bond issue. 1 don't believe that it is
possible for us to appropriate money
out OF the Improvement fund in that
manner
Councilman VIM. Green is clear cut
in his expression: 81 don't think that
1t is possible at all for the council to
enter into a paving contract without !
having the money to pay for it in ad-
vance.
''The law makes it a penal offense
for a city official to undertake an act
of that character. Our action last
night was simply one to advertise for
bids, don't think that we did anv-
thing further than that. With refer
ence to a suit, my action will probably
be entirely different. [ think the
thing that we should do is to purchase
a municipal asphalt plant. The BIZ
tultthtc pavement. while it may be
good, Is still too young a pavement
1t has not had the test"
w. +. Schoch denied it that his in
tention was to set aside the amount
OF the taxes for installment payments
which is paid into the general improve
ment fund by the KansasSavenue prom
erty owners. Il simply am in favor
or setting aside certain amount from
the general Improvement fund ire
spective of the amount paid in by the
Kansas property owners
Councilmen Holiday, Green Swend-
son, and Ryder together with Fred w
Webster and w. F. Sehoch attended |
the committee meeting.
Struck by Lightning