The weekly Iberian. (New Iberia, La.) 1894-1946, 1913-05-17

walks to BE- drafted and has publicly
d cared that he will sign and execute
said contract with the said ). W.
Jones at once; and that said contract
as drafted and as about to be signed,
includes not only the building OF side
walks and curhings along the streets
and property fronts rs enumerated IN
SAID ordinance OF March l4th, 1913,
but also large amount of other SIDE
walks and eurhings, being those not
so included, but carried in said speci-
tieations
Your petitioners respectfully set
forth and aver that the said award,
: the sait local assessment and charge.
the said lien and privilege to secure
: said pay ments and also the said or
dlnanet of March l4th, 1913, the said
cali and the adNertiseme Mt for bids,
the said plans and specifications, the
me aud manner Of receiving, open
ing, and acting on same, the accept
ance OF said bid, The awarding OF SAID
work to said 5. W Junes the author
ling said Mayor to sign sald contract,
and the said contract Itself, as drafted
and as about to he signed. are contra
ry to the charter of sa,H City, as
amended, aud TO the laws of this State,
and are null and void
l3.
That said ordinance, and all subse-
queht proceedings. are illegal and
void because no subject matter can tie
lawfully considered aud acted upon,
and no or rdinaI c" can be presented or
adopted at n special meeting OF said
| - Irjs
included expressly and spec tically in
the cali under which said meeting
was ntld; and that no such matter
nH ordinance was specified specific.
ally in said call under which SAID spe
cial meeting of March lllh, 1913 was
convened
That said ordinance and all OF said
subsequent proceedings are further
: void aud are in cortl tllct with law and
with the charter OF SAID Ilty, because
the streets therein enumerated as
those along which said side walks
and curbings are to be built, and the
work therein authorized IS not the
same, and differs greatly from the
streets enumerated in said plans aud
specifications and in sa;d bid award and
draft OF contract. Also because neith
er therein, nor subsequently,, was any
time prescribed by ordinance within
which said work should be commenc-
ed Also, because it does not provide
any manner and mode of collecting
any special assessment; and also. be-
cause no authority exists IN said May
or and Board of Trustees to provide
for the issuance of certificates of in
I 4 - u l~. 81, ~c1 F0r
lhorizlng the collection of six per
Fcent interest thereon as is provided in
SAID ordinance. That If such authorl
ty exist in them. which is denied,
. then that such certificates can issue
and said interest be charged only aft
er the said property owner has be-
come delinquent, and whereupon pro-
ceedings had. at least twenty per cent
of the entire amount due by said de-
linquent shall have first been paid.
Also because the time and method of
paving the cost of said side walks and
, curSings are wholly different from.
are in conflict with law. and are much
{ more onerous upon the said property
holders, and particularly upon these
petitioners than are the time and
method prescribed by law. all to their
great injury and prejudice.
IL.
That said advertisement for bids is
illegal and contrary to the charter OF
the said City in that 1t does not call
for the bids 10 be sealed nor in writ
ing; and further in that they are bas-
ed upon plans and specifications which
define and call for the improvement
Of streets OF large frontage (more
than 5000 linear feet) Of side walks
and curbings constituting a considera-
Bile percentage of said entire work.
and which is not defined in said ordi-
nance of March l4th, 1913 and not au-
J thorized by the terms thereof, and
: would be wholly different from those
, contem plated in said ordinance.
Is.
That the bids received. opened and
: acted upon, and particularly the bid
Of said S. w. Jones, the awarding of
said contract and the authorizing said
Mayor to sign and execute contract
on behalf Of said City with the said s.
w. Jones. are all illegal, null and void
: for the reasons, in addition to the
nullities arising from the above mat
] ter, that the said bids, award and the
contract as drafted, do not conform to
/, said ordinance, nor to the laws Of the
z State.
? II.
That said contract as drafted and az
about to be signed is further illegal in
that without any authority in law,
b and even without any resolution or or
i dinance Of said Mayor and Board OF
i Trustees to authorize same (which
e they have no right to do, it stipulatea
: that the eaid City of New iberia shall
8 collect all certificates issued thereun-
der against abutting property, free OF
cost to the holders of said certificates.
i That no law sanctions or empowers
d said City to assume said obligations.
!. That it will prove burdensome and
II expensive SO to do. will involve much
d litigation, and heavy outlays in costs!
Q That in some instances the cost OF the
d said work and curb will exceed IN
# amount the value Of the property liza,
!; bic f1r 1t, and taat in those and some
s other instances, said City sLust. under
o said clause, pay said amount then un.
paid. That in this and other ways AZ
above the said contract will illegally
ul -Continued on page A.