The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-03
STRIKE THEM HARD
City Commissioners Will Deal
Contractors q Blow.
Fine Them SO a Day for Delay
in Paving Work.
WILL FIGHT BACK.
Contractors Claim City Has No
Authority For Action.
John Richie, W. W. Gilmore and
GilfilIan & Son Fined,

The citizens of Topeka who have been
forced to admit that for the last six
months the city streets have been in
the worst shape in the history OF the
town on account Of the slow work of
the paving and sidewalk contractors.
and those who have found it necessary
to show visitors over the city with a
certain sense of shame and disgust at
the torn up avenues. will cheer up
The board Of city commissioners. led
by Commissioner Tandy. have decided
that for every day since the contract
70 paving and sidewalk work came To
a close the contractors in charge OF
the work viii have to forfeit TO the city
treasury from So to s1a e day for their
neglect. The amount forfeited to the
city as Hquidated damages viii easily
amount to over $1,000 and this amount
will be deducted from the monthly
estimates allowed TO the contractors by
the city engineer
When the contracts for the sidewalk
and paving work were let last year.
W w Gflrnort for sidewalk. and John
Ritchie for paving, were allowed until
January 1 TO complete their work and
they accepted the contract under these
terms r GiIflIan & Son for paw
ing, were given until December for
the completion of their paving work
and they accepted this contract
As a forfeit the city commissioners
will deduct from the Gilmore estimates
S. a ds- or 1855 for the work up 10
date. The time has been running Isl
days. Against John Ritchie for the
same amount Of time the city viii de-
duct 80 day or $3.50 up to date.
Against Gillian & Son the city will
deduct 81. $50 at SO a day for Isl days.
This makes in all about 81. 0S5-
It will take Gillian at least one more
month to complete his work This adds
$500 10 his bill It is estimated that
John Ritchfe cannot finish his work
until the middle of the summer or At
least two months This will tax him
$500. Thus it viii be seen that the en-
tire amount with the extra forfefts for
on the paving and sidewalk in the city
which has caused so much incouveu-
fence to the people Of the city
The CITY ordinances and contracts
provide for a forfeit of this kind-and
have always provided for this but in
the uast the city councils have never
taken IL upon themselves to enforce
the law. The city commissioners feel
that a law IS useless unless It IS en-
forced and thev viii take immediate
action OF the slow contractors As the
monthly estimates are allowed by the
city engineer, City Engineer Fulton
will be ordered 10 deduct this q amount
from their estimates for the month OF
May. Mr.. Fulton said this afternoon
that he had done this and the con-
tractors Will be out this amount as
stated above
II is expected that the contractors
will take this matter 10 court The
law has never been enforced because
the contractors have made the city be-
Ifeve that on account OF the lack OF a
premium offered the city would never
be able to make the collection But
the city has made the first collection
- hzEOra
contractors will be able to get back
their money
The Resolution Adopted
The following resolution drawn up
bv Commissioner Taudy viii do the
business:
a contract with the city of Topeka on
the 18th day of April 1903, 10 grade.
roll and pave certain streets in said
cftv and said contract provides that
the said public Improvements shall be
fully completed by January l, 1916
whereas. said contractor has failed
and neglected to complete the said
public improvements by January L
1910. and has been guilty of unusual
and unnecessary delay IN the construc-
ton thereof; and
Whereas. Said contract provides
that said contractor shall forfeit TO the
-ftv of Topeka the sum of SO per day
every day after the expiration Of the
time limit fixed in said contract until
the said work has been fully com
pleted. and,
whereas, The city Of Topeka has
been put TO extra expense for inspec-
tors and engineering by reason Of said
DELAY and the residents on the streets
where said public improvements have
not been completed have been put to
great inconvenience and have made
frequent demands upon the city Off
Gals to hasten the completion of said
public improvements; now, therefore,
be II
Resolved. by the mayor and board
of commissioners of the city of To-
peka- That said penalty of $40 per
day be enforced against said John
Richie and that the CITY engineer be
and he is. hereby directed TO deduct
from each successive monthly estimate
allowed said John Richie the total
amount of said penalty due at the
time said estimate is prepared: and
that the city engineer be, and he IS,
hereby directed TO serve copy of this
resolution uuou said John Richie