The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-11-10
KIMBERLY CD, FLATLY REFUSES
>T0REPLACE DEFECTIVE PAWN
CONTROVERSY BETWEEN Coz
TRACTOR AND COUNCIL oVER
SOUTH EoTF STREET WORK
CONES TO HEAD.
Council Directs City Manager to Ad-
vsrtise For Bids for Having WORK
Done by Other Contractors.

Tho controversy between the City or
Wheeling and the e. Il. Kimberly com.
pany. paving contractor, came 10 helu
In last nights session or city couhcll
when, 9. b. Kimberly declared lat!s
that he does not intend 10 proceed with
the work OF tearing up and relaying
t.,r South Eoff street paving. as he was
directed TO do several weeks ago by
council
Mr.. Kimberly's flat answer of NO"
came in response to a sharp. pointco
question from City solicitor J. p. L. o.
Bricn. M you. or do you not intend TO
comply with the resolution which was
passed by this council in August of this
year." the solicitor referring 20 the
resolution which directed the Kimberly
company to take up and relay such por-
lions OF the paving on the east side or
ftoft street. between Thirty-third ana
Thirty-ninth streets. For the course OF
more than an hour council aRd Mr.. KIM
brrly had engaged in lengthy nrgu-
m"nt over the paving restoration. Mr..
Kimberly cvading direct answers as to
whether he Intended 10 comply with
councils order. and intimating that
cnuncti and tn" city officials had not
treated him fairly. City Manager Charles
{. Ephlin was also brought into the con-
trovcrsy, when Mr.. kimb erly said he
had not received communiratl0ns when
City Manager EphlIn said had been
mailed to the contractor and TO MS
bonding company.
Some time ago" Mr. Ephlln said. 81
called Mr.. Kimberly to my office for n
conference. ! showed Mr.. Kimberly filed
copies OF these letters and ! think that
when MIR. Kimberly left my office. ne
understood the situation thoroughly,
and what this council expected or nm.
However. the work remains undone. tho
city manager added.
On motion OF Councilman l.. +. Note,
resolution was adopted, TO |. pro-
vidinG that since the Z. Il. Kimberly
company has refused TO do the work III
question. the city manager DO empoW-
cred TO ask for bids for doing the work.
or as much as possible, at once. ana
that II not completed Ivy winter. The
work he finished in the spring OF losr.
In case il Is found that the paving base,
which Is the basis of the controversy.
meets the specifications requiring .
inches of COntrctc. the Kimberly COM
p;lny will bc paid for So much OF tns
work only as complies with SpecliIca-
tons.
The Note resolution was adopted by
tho votes of Cuuncilmen Beans. B!ppus'
Habig, Kuuz. Morgan. Nolte. otto.
Thompson and Mayor Thoner fancy
Thn pr, 0. NJ. Stats ordinance for
the erection Of pair Of steps at the
corner Of Twentieth and Chaplin streets
was read 4 second and third time alter
which II passed by unanimous vote.
Councilman Otto then brought up the
rreSs which the traction companies ar"
making with their paving between the
tracks and stated that he thought that
something be done.
CITY Manager Charles O. Ephlin then
stated that he had several days ag"
attended conference with members
OF the traffic club aud officials or the
traction compony who stated thar they
were doing as much Of the work as pos
shic and that they would continu" dur
ing the winter months Whenever tho
weather would permit. II" stated that
the company Is not putting In tho con-
tract but IS putting Stag In instead,
Mr.. Elphin stated that II would have
been Impossible for the companies TO
do as much work a. the city. az u Would
have cost them between s:@H.OeO or
$3.50, 900 which would have been impoS'
Sible for them TO pay out AT ono tlIn".
Several other routine matters were
acted upon Reports of the different
committees were called for and al!
stared that they were unpreparcd.
Those present were City Manager
Charles q. Ephlin. City solicitor. j. j.
i. O'Bricn. Mayor Thomas +. Thon"r
and the following c"unctlmen. Reans.
Rirpus Hah!g. Euuz. Morgan. Nolte,
otto. fancy. and Thompson.