The San Francisco call., 1905-01-20
TAKES STAND
AGAINST YORKE
Afgeltinger Introduces Res
olutions Criticizing the
City's Contracting Firm
SUPERVISORS MAY ACT
Board of Public Works De-
cides That Company Has
Defaulted Its Agreement

The Board of Public Works took a
fling at the contracting firm of Francis
NJ. Yorke & Co. yesterday afternoon.
The board complained that the firm
had taken no action in repairing the
streets since December 10 and that
the bondsmen of the company had re-
fused to act. After long discussion
it was decided to pass the matter up
to the Board Of Supervisors. request
ing that body to take proper steps to
see that the contract Of the firm should
be annulled.
Resolutions fully covering the case
We're drawn up by Commissioner Aigel-
finger and adopted unanimously. At
torney Alexander O'Grady. acting for
the Yorke company. made objections
on various technical grounds, saying
that the company was justified In it's
action in not doing work for the city
ON the ground that no money had been
paid for several months and that $14, 900
Is still due Following are the resolu-
tons introduced by Aigeltinger:
Whereas This board on the 7th day OF
July, 1904, did, for and In behalf Of the city
and county of San Francisco. award 70 F. N.
OF the following public work to be done In
said city and county. to witi
For the repair with bituminous rock OF
bituminous rock pavements in said city and
county Of San francisco from date Of contract
the 14th day Of July. 1904. did, for and in be-
half of said city and county. in the manner
and within the time provided by law enter
into written contract with said r. M. Yorke
& Co. to perform said work in strict accord
ance with the specifications adopted by this
board and referred to in the advertisement and
OF said work and which specifications were
attached to and made part Of said contract,
and at the prices named in the sealed pro-
posal or bid of said E. M. Yorke & Co. for
said work. now on file in the office OF this
board and which prices were inserted In said
contract as part thereof: and
FURTHER BLAMED.
Whereas. Said 2. N. Yorke g. ever since
tinuousIy TIM failed and refused to perform the
work SO contracted for. to the detriment OF
the said city and county, and failed and re-
board from time to time. to perform said work
in accordance with the terms, conditions and
provisions Of said contract; and
Whereas, The sureties on the bond given
by said 3. NJ. Yorke & Co. for the faithful
performance Of the said contract executed and
city and county or either OF them, has not.
upon the said failure and refusal OF said 3.
NJ. Yorke Co.. performed nor caused to be
performed said work required to be performed
by said contract; and
Whereas. The public interest. safety and
convenience require that many Of the ac-
cepted public streets of said city and county
heretofore paved with bituminous rock be Inn
mediately placed in proper repair; now. there
Resolved That this board does hereby de-
clare that said F. NJ Yorke e Co. has de-
faulted in the performances Of said. contract
for the repair with hituminous rock OF bitum-
inous rock payements in said city and county
of San Francisco, continuously from and ever
since the 10th day Of December. 1904. and haa
fIaA and "A 70 hA
in said contract provided for since and during
said time; and be II further
ASKS FOR HELP.
Resolved That this board does hereby di.
rect the attention Of the Board Of Supervisor
OF said city and county to the said declara-
ton OF default and recommends to said board
that 1t take such proceedings as may b
proper and legal toward the formal annulment
OF the said contract and the certificate Of the
Auditor indorsed thereon, provided for in SEQ
tion 10 chapter l. article III of the charter
and the forfeiture Of the said bond; and be II
further
Resolved That this board does hereby re-
quest the said Board Of Supervisors to author
ize it to cause proper and needed repairs to
be made on the bituminous-rock paved road
ways Of the public streets Of the city and
county. In accordance with the specifications
for such repairs now file In the office OF
this board after proceedings had and taken
as provided for In section IA. chapter /. arti-
e Se charsr anq Of said city and county, and
to make available the funds necessary for
such purpose, o. to authorize this board to
procure by purchase or rental the necessary
implements and machines and purchase neces-
sary material to enable It to cause such re-
pairs to be made by the Department of Public
Works and thereby have the same done more
expeditiously satisfactorily and economically
than could be accomplished otherwise, and
likewise to make available the funds neoes-
sary for such purpose.
The board also decided to pave n
street, from Seventh avenue west.
with bitumen instead of asphalt, as
the original contract called for.