The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-10-05
COUNT BOARD
PROTESTS. CITY
PAVING \ c PLANS
Adopts Resolutions Insisting That
Work, Be Included With .
Original COMPACT
OBJECTION MADE TO
PAYING HIGHER COST

which continued until | o'clock this
morning, went on record as refusing
to sanction in any respect the recent,
action Of the city commission in con-
shutting the four blocks surrounding
the county building paving district
distinct from district No. 2, and ad-
vertising for new bids. The board in
sists that this work should be included
with the original contract at the in
itial contract price, and it objects to
paying the higher cost of paving which
is represented by new bids from the
Ford Paving co. opened by the city
commission the first of this week. vi
The following resolution, introduced
by Commissioner Z. G. Patterson, was
unanimously adopted: ~ '~@,r
Whereas, the plans and specifica-
tons for the paving in district No. 2
Of the city OF Bismarck called for
the paving around the court house
square, and the bid of the Ford Paw
ing company covered that square, but
that the contract with the Ford Paw
ing company did not conform to said
plans, specifications and bid, in that
it left out the paving around the said
square, but that the same was pro-
vided for by a certain clause in the
said contract, which clause in said
contract it was distinctly understoody
that the amount OF work mentioned
in said contract could be increased
to an amount not to exceed fifteen
(15). per cent OF the original contract
and be- paid for according to the GUAM
tity actually done and at the price
established for such work. as agreed
upon in said contract;
And Whereas, The paving around
the court house is not an increase in
quantity or in cost that exceeds Is
per cent OF the original contract;
And Whereas, The supreme court
of the state or North Dakota has held.
in suit brought to test the legality
of said contract, that the said men
toned clause in the said contract is
legal Icr the reasons set forth in the
brief filed by the attorneys Of the
said, city; $751;, -,
And Whereas, The city commission
ers have now decided to place pave
2lhent around the said court house
square, and have Ignored the said
clause in the said contract With the
Ford Paving company giving the city
power to Increase the quantity of the
saidi;swork ut the same price agreed
upon d inie said original contract and
instead have asked fortnew bids r,-
! And Whereas The, city, co}mnqlissionl1i
ersq Of, the city of Bismarck have Ie1I
,ceivedt new bids tor the paving around
the said court house SQUARE, WHICH
new bids. are at, a, price considerably
larger in amount and cost than the
price of said pavs,ment II said original 8
And WHEREAS, The city commission.
erss u the city Of Bismarck have asked
the Board OF county commissioners. of
t1lencounty of 'Burleigh ton sanction
said new bid andtto select the kind
of paving desired by: the said county
commissioners; ~ ...t . ...E..AnIu
! Therefore, Be 1t Resolved, That the
county commissioners of the county
of Burle;gh hereby refuse tOsanction
the course Of procedure taken by the
city commissioners of the city OF Bis
marck in any manner, shape or form
whatsoever, and protest against the
paving of the said court house square
in any manner other than as expressed
under the said original contract with
the Ford Paving company, and will
contest any assessment for costs OF
said pavement which compells the
county of Bur]eigh to. pay any more
than the owners Of other property in
front of which pavement is laid in
said district no. in said city of Bis
marck;
And, Be 1t Further Resolved, That
the said board of county commissions
ers of the county of Burleigh do not
in any manner consent to, acquiesce
in or protest against the laying OF
pavement around the court house
square, except as aforesaid, the said
county commissioners holding, as in
former resolutions expressed, that it
is not the duty and not within the
power of the county commissioners to
take any steps whatsoever to promote
the paving in said district No. 2 of
the city of Bismarck, but that the said
power is entirely and only within the
board of city commissioners Of the
city of Bismarck. a
y