Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-07-22
SUIT is DISMISSED,
WILL BUILD SEWER
Taxpayer Sought to Nullify Con-
tract for Work in Sixty
ninth Street
NO CHARGE OF COLLISION

President Judge Audenried, of Court
No. 4, has filed his findings of fact and
conclusions of law, dismissing the tax
payers suit brought by Louise r.
Livezey in an effort to nullfy the con-
tract awarded by the Department of
Public Works to Emilio Pascuzzi for OK
tending the Cobb's creek intercepting
sewer along Sixty ninth street from
Girard avenue to Malvern street. The
court had previously refused pre-
liminary injunction to stop the work.
which was started by the contractor
last September.
No charge of fraud or collusion was
made by the complainant against the
successful bidder for the work or against
any of the city officials named as de-
PENDANTS. but it was alleged that under
the unit bid system by which proposals
were asked Pascuzzi had not been the
lowest responsible bidder.
1t was under the ordinance of July
II, 1916, that the director of the De
partment of Public Works was au-
thorized to contract for the continuation
of the sewer, and for this work $50 900
was set aside in one of the loans. But
owing to the big increase in the cost
of material and labor in consequence of
the war conditions it was estimated
that 10000 would be required to build
| the entire extension sewer, 2O31 feet in
length.
AT the unit prices bid by the com
peting contractors the cost of the con-
templated work under the several pro-
posals on the basis of the departments s
estimate of work and material required
would be as follows: Under bid of
Pascuzzi S60,967 50; Joseph Perna,
S76,525, and William H. Carson. $50, :
$50. 90.
In support of the charge that Pascuzzi
was not the best and lowest bidder, the
complainant pointed out that it was
noted on the plans for the work in the
department, eff the funds available are
insufficient to complete the sewer the
low bidder will be determined by the
greatest length of sewer that can be
built with the $500 appropriated. -
And it was averred that at Pascuzzi'S
figures only 10 feet of the sewer could
be- constructed; at Garsons figures,
~ feet. and at Perna's figures, 7S7
feet.
Director Datesman rejected the pro :
posals of Perna and Carson and ac-
cepted that of Pascuzz. This action is
upheld by Judge Audcnred. who says:
Nothing in the advertisement of the
Department of Public Works can Justly
be said to have indicated that the con
tract to be let would provide for only
so much of the work as the appropra :
tion of $1,000 would suffice to pay
for"
THE fact that Councils had not ap-
propriated sufficient funds to pay for
the entire work did not stand in the
way of the letting of contract by
which Pascuzzi bound himself to con-
struct the whole of the sewer exten-
sion, provided that he agreed that there
should be no liability on the city for
payments beyond the amount already
appropriated.
"a city contract" says the Judge,
may lawfully be made for the con :
struction of the whole of a particular
public improvement, at price to be
determined upon unit basis, even
when it will involve the expenditure of
more money than is available under pre- =
vious councilmanic appropriations
therefor. provided that it stipulates
that until Councils shall have made q
further appropriation of funds to meet
the excess of the price over the sun
available, the city shall not be called
on to pay more than the amount ante
cedently appropriated for the work"