Omaha daily bee., 1908-09-16
WICKHAM BID IS REJECTED
Council Decides it Does Not Conform
to Advertised Plans.
M1xUP OVER ENGINEERS PAY
City Attorney warns COuncilmen
They Cannot Legally Use water
work sinking rund for
That Purpose.

Following up its action Of a week pre-
vious the city council last night formally
rejected the bid Of Z. A. ckh for the
construction of a municipal water plant
according to the plans and Specifications
prepared by City Engineer Etnyre. The
formal rejection was on the ground that
the plans and specifications contained in
Wickham's bid we're not in conformity with
the plans and specifications of the city en-
gineer.
This action was taken at the suggestion
Of the committee, of which Councilman
Jensen is chairman, contained in the fol-
lowing report;
That your committee was authorized to
make changes and requirements In the
specifications of the bid of E. A. Wickham
& Co. for a water works system for the
city of Council Bluffs, as would conform
to the plans and specifications Of the city
engineer, and to employ a competent ny
draulic engineer to examine the specifica-
lions and plans as furnished in said bid,
and to advise with said special engineer
with reference thereto. That your commit
tee has reported upon such examination OF
the plans and specifications made by said
engineer, and that your committee finds
from said report that the plans and Spiel
fications contained in the bid OF u. A
Wickham & Co. are not In conformity with
the plans and specifications Of the city en-
gineer, and from said report are not suf-
ficiently definite and clear upon which to
base the contract formulated and presented
to this council, and we therefore with
draw the said contract heretofore reported
and which was examined and reported upon
by the special engineer from the considera-
ton of the council, and recommend that
the said contract be not negotiated, and
that the bid Of the said z. A. wickham
& Co. be not accepted. and that the certi-
fled check accompanying said bid be re-
turned to said bidder, and we recommend
that the attached resolution be adopted by
this council.
The attached resolution referred to, which
was adopted by the council without debate,
follows:
Be It resolved, BY the city council of the
Whereas, The report Of the special en-
gineer employed by the city shows the
plans and specifications of the bid of E. A..
Wickham & Co. to be incomplete, and
Whereas, The water works committee has
that the bid Of said E. A.
wickham & Co. be not accepted, therefore
Resolved. That the said bid be not ac-
cepted and the contract reported be not
negotiated, and that the certified check OF
said bidder be returned to 1t by the city
clerk.
TangIe over Engineers Bill.
The wator works problem, it developed
last night. is responsible for a financial
tangle. The bill of w. H. Bryan, the ex-
pert hydraulic engineer of st. Louis. en-
ployed by the water works committee to
check up the city engineers plans and
specifications and Wickham's bid, amounts
TO S75S.5O. The agreement with Mr.. Bryan
was tina he was to receive $3.50 for the
first week and $15c for each succeeding
week or part thereof.
1t was supposed tina this bill could be
paid out of the water works sinking fund
cres ted from the 2-mill levy, and a motion
to this effect was made by. Chairman
Jensen OF rhe water works committee. City
4 .14aA- IT,w.IoI tz-A- AE~Au a hor,h
into the council by stating that after giving
the matter due consideration and investiga-
ton he was of the firm opinion that no
portion of the sinking fund could be used
except for the purchase or construction OF
a water works plant, and then only after
a contract had been entered into either for
the purchase or construction of such a
plant. The fund could not be used, he
said, for preliminary expenses. Further,
Mr.. Kimball read section 7S of the Iowa
code, which says that any councilman or
city officer participating in or advising
the diversion of any part of said tax shall
be deemed guilty of embezzlement and
shall be punished accordingly.
AS all Of the revenue of the city from
the general fund and other sources has
been apportioned for the fiscal year the
question of where the money to pay Mr..
Bryan Is to come from now confronts the
city council. TIL problem was not solved
last night.
Inquiry at the city auditors office after
the meeting disclosed the fact that the city
council has already this year authorized
the payment of S1A.34 of this sinking fund
for preliminary expenses of the water
works problem. Last year S76S.O6 was paid
out for similar purposes from this fund.
Some of the councilmen last night were
asking the city solicitor II he thought they
could be held guilty Of embezzlement. Mr..
Kimball replied that he was not prepared
to say until he had given the matter
further consideration.
Two Contracts for WickhRm.
Even If E. A. Wickham did not get the
I contract for the water works plant he was
partly compensated by being awarded two
other good contracts. He was given the
contract for the construction IF tbe con.