Semi-weekly herald. [volume] (Durango, Colo.) 1907-1917, 1910-11-10
CITY COUNCIL.

City Council met Monday night II
regular adjourned session. Mayor
pro tenn Smith presided. The Alder
men, Dudley. Cummlns. Ciraden. Mel
son and MoreIock we're present.
It was agreed not to consider the
regular order OF business but imme
diately proceed to the settlement OF
the differences between the sidewalk
contractors and the city council.
Those present representing the var
ious interests were the Messrs. Ora
ham and Irwin and Attorneys Pulliam
Ritter. Reese. Ellis and McCioskey.
Attorney Reese. representing the
contractors, Messrs, Forsgren and
Pile, submitted proposition to the
council to the effect that the city ad.
vance $500 to them to pay for labor
and material and hold Improvement
bonds for the sum of $4,000 as secur.
ity, the contractors to be permitted
TO proceed with the work as long as
the weather permits. then the coun-
til next spring
Alderman Cummins asked the city
attorney II the proposition submit.
ted was in the regular form.
Attorney Ellis replied that in his
Judgment to accept the proposition
would he practically making new
contract. To advance the money would
be making a loan which the city had
no authority 10 do, and to promise
TO order suspension of the work un.
I'll spring differed from the original
contract which provides that this
shall be exclusively a matter of judg.
ment with the council Further. n
few weeks ago Forsgren and Pile filed
an order with the city clerk to deliv.
err the Improvement bonds due them to
7. X. Irwin and this order had not
been released.
Attorney Reese reviewed tho diff.
liculties he had met in attempting to
reach settlement satisfactory to all
interests. lie Stated that the legality
OF the bonds had been questioned
lie suggested that the council intro
duce an assessment ordinance at the
next regular meeting. II this was no;
questioned the legality of the bonds
was assured. He insisted, however
under section XIV of the contract the
city had the right 10 advance the mon.
ey. necessary for the contractors to
pay their labor and material bills
so they could proceed with the work.
City Attorney Ellis read the section
referred to by Mr. Reese but did not
agree with him In his Interpretation
+. X, Graham suggested that the
labor bills, 81 800. be paid out of the
emergency fund. The clerk reported
this fund contained less than 81 900.
Alderman Morelock. of the finance
committee, stated that 1t was unfort.
innate that the bonds had not been re.
ceived He felt there was something
wrong about it.
Mr.. Graham asked what success the
committee appointed to determine
whether they could raise the money
had met with.
Attorney Ellis replied that the First
National bank officials had been ap.
preached in the matter but had not
given n definite answer.
As n last resort. Mr.. Graham pro-
posed to raise the money TO pay the
labor bills, himself If they. the coun.
ell. would promise as individuals to
agree to suspend sidewalk works as
soon as the weather conditions be.
came unfit The members present
agreed 10 do this. At the request OF
Mr.. Graham, they instructed the clerk
to notify the city engineer to prepare
full estimates of the cost OF the side.
walks and curbs In the improvement
district and submit the same to the
council at the next regular meeting
This is the preliminary step that has
to be taken before the assessment
ordinance can be introduced.
The following resolution was intro
dnced and adopted:
"Be It resolved by the city coun
ell. city of Durango:
THAT the resolution of this city
council adopted October IS. 1910. upon
the estimate OF the engineer as to the
work done by the contractors, Fors-
a..