The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-08-21
States in Positive Terms That
He Will Not Sanction Pre-
posed Plan of Paving, Street
With Asphalt. y
CASE MAY BE REFERRED
TO THE CRY COUNCIL
II Property Owners Again Pc
tition for Asphalt Paving, 1t
is Probable Board Will Re-
fuse Action.

=.
Shall Eighth street from South A to
North A be paved with brick or
asphalt?
This remains to be seen and is a
question which is sarousing the prop
erty owners, residents along that
street, members ofathe board of
works, the Terre Hauts, Indianapolis
and Eastern Traction company and
the public in general. After consider
able agitation for the past few days
the end is more remote than ever and
at a meeting OF the board Of works
this morning the whole proceedings
were thrown out. The board will now
wait on further developments, a new
petition for asphalt paving being an
ticipated.
The action of the board was de-
cided on in order to give the street
car company an opportunity to pre-
sent it's petition for brick pavement
between the tracks before the final
adoption of the resolution by the
board for the Improvement. If the
Improvement was ordered just at this
time, according to law, the entire
street including the space between the
car tracks would have to be paved
with asphalt because of legal point
overlooked by the company in pre-
senting its petition for brick pave
ment too late.
If another petition is presented to
che board by residents along that Sec
tion OF the street, requesting an as
phalt pavement, similar to the petition
presented the other dag, it will be up
TO the board to grant the petition.
providing it is signed by "a majority
of the resident property owners, or
decline to order the improvement. In
view of the fact that all Of the men,
bers Of the board favor the brick pave
ment and w. P. O'Neal, one Of the
members emphatically stated at the
meeting yesterday afternoon that he
would not be party to authorizing
the placing of an asphalt pavement.
as he believed 1t to be impractical,
It is probable that the matter may yet
be carried to council to be decided.
How the Law Reads.
Several days ago the residents of
the two blocks on Eighth street pre-
scented a petition to the board OF
works requesting an asphalt pave
ment. It was perfectly legal and was
signed by the majority of residents
on that part of the street designated.
The law on that point plainly states
that "if prior to ten o'clock in the
morning Of the tenth day Excluding
Sundays) after said order is made. a
majority in number of the freeholders
residing on said street. shall file Pc
tition with said board, requesting that
said street be improved with certain
kind of the kinds of pavement for
which a bid or bids have been receiv-
ed, said city or town shall have no
jurisdiction or power. in that proceed
ing to let contract for the improve
ment of said street with any pave.
ment other than the kind named in
said petition"
II will be noticed that the law does
not make it compulsory with the
board to let the contract at all. II
awarded the board shall have no iuris-
diction to let contract for the inn
provement with any pavement 'other
than the kind named In said Setition.' =
The law further states that '.the
contract. when executed shall be for
the entire improvement, including
foundation. curb df any and wearing
surface. II no award is made within
said ten days, all bids shall be treated
as rejected, and said city or town may
then proceed to readvertise for bids
for such Improvement on the several
sets Of specifications on file"
Asphalt Impractical.
According to this section of the Law
the contract calls for the improve
ment OF the street. including the space
between the street car tracks and
eighteen inches on either side. The